Law Commons^™

Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson

Presentations

This presentation discusses eReserves, the 11th circuit and copyright issues surrounding the Georgia State University case heard by Judge Evans in 2008.

Gen Z: The (Illegal?) Target Audience For Digital Advertising, Gina Gazivoda

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The social media pop culture marvel is an explosion of interconnectedness through numerous virtual platforms, exploited by billions of users. Recent studies show that roughly two-thirds of American adults are Facebook users and three-quarters of American adults YouTube users. The percentages skyrocket for younger Americans ages 18-24, and includes several other platforms such as Snapchat, Instagram, and Twitter, to name a few of the bighitters. While Facebook and YouTube remain the top players, 78% of 18-24 year-olds use Snapchat, 71% use Instagram, and close to 45% use Twitter. With the expansion of social media to users of all ages,—e.g., Facebook …

Can Soft Regulation Prevent Financial Crises?: The Dutch Central Bank's Supervision Of Behavior And Culture., Cynthia A. Williams, John M. Conley, Lodewijk Smeehuijzen, Deborah Rupp

Articles by Maurer Faculty

Financial regulation has traditionally been “hard”: national legislatures and regulators (and sometimes international bodies) require certain kinds of behavior and forbid others, on pain of business sanctions, fines, or even criminal penalties. When a financial crisis happens, the usual after-the-fact response is more hard regulation. That pattern goes back at least to the 1929 market crash that precipitated the Great Depression.

But financial crises still occur, leading many observers to wonder if what the financial world needs is a way to identify those pathological risk-takers in advance and, perhaps more importantly, to make sure that the financial institutions that employ …

The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco

Journal of Vincentian Social Action

In this article we have projected three central objectives: first, to delimit the scope and limits of the recognition granted by the Aristotelian-Thomist tradition to the centrality of the common political good in life and in the fullness of the human being; Secondly, to specify the nature of the present difficulties that has the same possibility of the common reaches, by virtue of the valuation of the diversity projected by the liberal tradition inherited from Modernity; Thirdly, to analyze the impact that the dichotomy common good/diversity has had and continues to have on the way in which intra-organizational conflicts and …

Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta

Journal of Vincentian Social Action

Employees who deviate from established rules at work face suspension or termination from their employment. Yet, knowing these dire consequences employees may still find themselves walking on a different path of business policy. Most employee wrongful conduct is done with the specific intent of benefitting the employee. In some cases, the authorities are brought in to intervene and criminal charges are brought against the employee, as in the case of embezzlement. Some acts are done by employees who do not believe in their company’s rules and are willing to deviate from them, not for their own benefit, but rather for …

Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter

Journal of Vincentian Social Action

The United States and France are at opposite ends of the spectrum in protecting employees from employment termination. France has developed an elaborate regulatory and judicial scheme to protect workers, while the U.S. still allows workers to be in an at will relationship with their employers. In France employment is deemed to be permanent. In the U.S., workers are employed at the whim of their employer. In a major shift of policy, France adopted legislation allowing parties to enter into voluntary employment separation agreements. To protect against abuse, all settlement agreements are subject to court review for approval of the …

Usury And The Common Good, Jim Wishloff

Journal of Vincentian Social Action

The human person’s social nature makes justice and the common good subjects of immense importance. St. Thomas Aquinas defines justice as “the habit whereby a man renders to each one his due by a constant and perpetual will” (Aquinas, 1948, II-II, q.58, a.1). Looking more closely at the definition, we see that justice resides in and perfects the rational will. By willing to be just we perfect our moral personhood. The essence of the virtue is to give to others what is their right by virtue of their nature as human beings. Thus, justice inclines us to think of and …

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass Phd

Societies Without Borders

No abstract provided.

Corporations As Invisible Friends, Harry Glasbeek

Editorials and Commentaries

The corporate world is a site of legally created irresponsibility.

Our four-year-old had an invisible friend, Kim. She and Kim invited us to a tea party.

Obligingly, we passed cookies and a cup to Kim. Our daughter carelessly dropped a cup. Afraid, and imaginatively, she said that Kim had done it. We told her that pretence had its limits. We had to teach her that all of us are to take responsibility for our conduct and actions taken on our behalf.

That is the moral glue that holds society together. Unless you find yourself in the corporate world.

Which Side Are You On?, James G. Dwyer

Popular Media

No abstract provided.

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright

The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu

International Law Studies

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …

Rising Readmission Rates: A National Issue, Elaine Anderson

University Honors Program

Recently there has been a rise in hospital readmission rates. As a result of this increase in readmissions, the Affordable Healthcare Act (ACA) was implemented to assist in reducing hospital readmissions. This was done by penalizing hospitals for readmissions associated with the Medicare population. Prior to this research, the effect of this legislation on the readmission rate was unknown. Additionally, the different aspects or factors that contributed to an individual’s risk for being readmitted were unclear. Also it was uncertain how a high verses low nurse-to-patient ratio would affect patient outcomes and the readmission rate. Finally, the effects of being …

Struggles Over Universal Human Rights, Brian K. Gran Phd

Societies Without Borders

No abstract provided.

Week Of November 12, 2018 - November 16, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Cross-Border Practice Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Federalist Society
• Cardozo Journal of Conflict Resolution (CJCR)
• Cardozo Korean American Law Students Association (KALSA)
• Cardozo Labor and Employment Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Revue
• Cardozo Office of Diversity & Inclusion
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Floersheimer …

Mmu: 11/12/18–11/18/18, Student Bar Association

Monday Morning Update

Sign Justin McDevitt's Thank You Gift!

Economic Justice Clinic Success Story

Mock Trial Coaches Wanted

Graduate Student Network to Host Winter Formal

Mass Schedule

Announcement - Weekly Bible Study

FOLLOW THE CROSSINGS CAFE

LEGAL WRITING CENTER

INVITATION TO ALL NDLS STUDENT GROUPS

Health & Wellness Information

This Week @ NDLS

1L OF THE WEEK: Steven "Pennoyer" Elliott

Vol. 55, No. 12 (November 12, 2018)

Indiana Law Annotated

No abstract provided.

Re-Peopling In A Settler-Colonial Context: The Intersection Of Indigenous Laws Of Adoption With Canadian Immigration Law, Amar Bhatia

Articles & Book Chapters

This article examines the intersection of Indigenous and Canadian ways of making and maintaining relations through the specific examples of adoption and immigration. Canada and all Indigenous societies assert the authority to re-people themselves. Unlike Canada, Indigenous peoples must do so in the face of ongoing settler colonialism. I argue that Indigenous peoples and nations have authority to regulate these matters under Indigenous laws and systems of treaty relations. However, Canadian laws and policies have served to obscure this authority. I argue that non-metaphorical decolonization requires the continued exercise of Indigenous authority over “peopling” powers. These powers necessarily include authority …

Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor

Articles & Book Chapters

This article is based on a paper prepared for the convening of Over the Line: A Conversation about Race, Place, and the Environment, coordinated by In-grid Waldron; it was thus originally delivered in the context of a community of scholars interested and engaged in environmental justice (EJ) as well as anti-racism scholarship and activism. Conversations at the symposium were rich and deep, introducing novel ideas and generating a synergistic energy among those present. While this article builds upon the knowledge, experiences, and perspectives shared at the event, it also aims to introduce a distinct conception of Indigenous environmental justice (IEJ) …

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy …

Book Review: Dershowitz On Presidential Impeachment: An Analysis Of The Case Against Impeaching Trump, Michael Conklin

ConLawNOW

This is a review of Alan Dershowitz’s 2018 book, The Case Against Impeaching Trump. Because the Constitution provides little guidance on presidential impeachment, the issue is often interpreted based on political party affiliation. Dershowitz, a strong Hillary Clinton supporter, provides a neutral examination of the issue. This review contains analysis of the current state of impeachment efforts, Dershowitz’s arguments against impeachment, and a critique of his proposed “shoe on the other foot” test.

Lockett Symposium: Recollections On The Lockett Case In The U.S. Supreme Court, Joel Berger

ConLawNOW

Recollections of an NAACP Legal Defense Fund attorney who worked with Professor Amsterdam on the Lockett case.

Lockett Symposium: Lockett As It Was, Is Now, And Ever Shall Should Be, Karen A. Steele

ConLawNOW

Lockett made clear what was constitutionally unacceptable in capital sentencing statutes (limiting the range of mitigating factors to be considered) while affirmatively heralding the significance and breadth of mitigating factors unique to the defendant that must be affirmatively and independently considered by jurors, courts and counsel; the inverse correlation between mitigating factors and disproportionate sentencing; and the interrelationship between mitigating factors and narrowing—all in an effort to provide a “meaningful basis for distinguishing the few cases in which the death penalty is imposed from the many cases in which it is not.” The threatened and actual use of “double-edged” aspects …

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during …

November 9, 2018: The Electoral College, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Steve & Anita, Steve, Anita, Tsos

TSOS Interview Gallery

Steve and Anita Canfield helped the Church of Jesus Christ of Latter-day Saints in Turkey. They helped send blankets, coats, and washing machines to Syrian refugees. They were assigned to Frankfurt to assess refugee camps, soup kitchens, warehouses, and immigrant communities. The couple visited refugee camps and soup kitchens all over Europe to determine what was needed most by refugees.

The Canfields established the Friendship Center in Rome. The center offers classes in Italian, English, Italian, and a Red Cross course. It also has a gospel choir, a popular activity for primarily African refugees. The LDS Church has plans to …