Law Commons^™

Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler

Nineteenth-Century Ohio Literature

Kayla Hardy-Butler presents a famous letter by Frederick Douglass, as it was published in Ohio, with the letter that prompted it. This edition also includes a summary of Maryland slave statutes from the time to better explain the day-to-day experience of slavery debated in this correspondence.

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

Articles

No abstract provided.

The Torture Of Children And Adolescents Living And Dying In Guatemala’S Institutions, Madeleine M. Plasencia

Articles

In this article, Professor Madeleine Plasencia examines the legal context of treatment of disabled children in Guatemala living in institutionalized environments. The article explores evidence that children confined in orphanages and other public care facilities in Guatemala endure conditions that violate the provisions against torture and other cruel or degrading treatment or punishment provided under various international instruments, including the Convention on the Rights of the Child. The article discusses the growing world-wide desperation from poverty and food scarcity that drives families to place their children with and without disabilities in state-supported institutions. The article argues that foreign funding and …

Cult Recovery: A Clinician’S Guide To Working With Former Members And Family, Robin Boyle

Faculty Publications

(Excerpt)

This timely collection of essays provides an overview of current approaches to understanding and treating cultic trauma. It is a clinical book, yet eminently readable and definitely appropriate for people who have experienced cultic abuse, their families and friends, researchers, scholars, and the public in general. This book is a remarkable compilation of models and therapy strategies. Drawing upon the contributors’ years of experience in working directly with those who were harmed by cults, this resource provides new developments in the counseling and research field.

Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum

Faculty Publications

(Excerpt)

In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.

How Is Sex Harassment Discriminatory?, Noa Ben-Asher

Faculty Publications

(Excerpt)

What is sexual harassment, and what is its actual harm? Since the 1980s, these two questions have perplexed lawmakers, policymakers, feminists, and the public. Today, with the rise of #MeToo, and with increased national attention to Title IX claims regarding sexual violence on college campuses, these questions are once again in the spotlight. As some commentators have observed, in the last several years lawmakers and policymakers have been increasingly influenced by a feminist antisubordination approach to sexual harassment and assault. This growing influence is currently reflected in more strict standards of consent (“affirmative consent”) to sex, in higher procedural …

The Elephant Always Forgets: Tax Reform And The Wto, Reuven S. Avi-Yonah

Law & Economics Working Papers

The “Tax Cuts and Jobs ACT” (TCJA) enacted on December 22, 2017, includes several provisions that raise WTO compliance issues. At least one such provision, the Foreign-Derived Intangible Income (FDII) rule, is almost certain to draw a challenge in the WTO and is likely to lead to another US loss and resulting sanctions. This outcome would be another addition to the repeated losses suffered by the US for export subsidies from the 1970s to 2004, which led to the imposition of sanctions and the ultimate repeal of the offending regime. The important question for 2018 and beyond is whether the …

Back To The Future: Reviving The Use Of Video Link Evidence In Canadian Criminal Courts, Helena Gluzman

Canadian Journal of Law and Technology

Section 714.1 of the Criminal Code of Canada allows for witnesses and victims to testify remotely via video link, within Canada. The legal test embedded within this provision — “appropriate in all the circumstances” — has led to inconsistent application across the country. Some jurists have embraced the flexibility provided by the video link process. Others have expressed reluctance, articulating the position that in-court testimony is to be preferred and permitting the use of video link evidence only in exceptional circumstances. R. v. S.D.L. is the first treatment of s. 714.1 by an appellate court. The Nova Scotia Court of …

The Political Economy Of Celebrity Rights, Mark Bartholomew

Journal Articles

This essay discusses how the right of publicity became such a robust property right — much more far-reaching than analogous rights in copyright or trademark. One cannot explain the accretion of celebrity publicity rights as a matter of legal logic or simple reaction to the growing economic value of celebrity endorsements. Instead, the essay explains the right's expansion from the perspective of political economy. Critical innovations to the right of publicity occurred in the particular political environment of the 1980s and 1990s. Despite some groups' resistance to new, specialized entitlements for celebrities, the conditions were right for a particular coalition …

The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan

Books & Book Chapters by Maurer Faculty

Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how …

Report And Recommendations Of The Arizona Task Force On Court Management Of Digital Evidence, Arizona Task Force On Court Management Of Digital Evidence

Washington Journal of Law, Technology & Arts

The court record has three components, each historically paper-based and tangible: (1) filings; (2) transcripts; and (3) exhibits. Given technology changes, filings and transcripts now are often kept as digital files. Exhibits, however, continue to be received and held by the court in tangible form. Technology changes mean that will soon change, and will change drastically. The 2016 Joint Technology Committee Resource Bulletin: Managing Digital Evidence in Courts, warned that “[c]ourt management systems are not currently designed to manage large quantities of digital evidence, which means that courts and industry must find creative ways to deal immediately with the dramatically …

Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn

Articles & Book Chapters

The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.

Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay

Articles & Book Chapters

Many economic historians agree that increased labour inputs contributed to Britain’s primary industrialisation. Voluntary self-exploitation by workers to purchase new consumer goods is one common explanation, but it sits uneasily with evidence of poverty, child labour, popular protest, and criminal punishments explored by social historians. A critical and neglected legal dimension may be the evolution of contracts of employment. The law of master and servant, to use the technical term, shifted markedly between 1750 and 1850 to advantage capital and disadvantage labour. Medieval in origin, it had always been adjudicated in summary hearings before lay magistrates, and provided penal sanctions …

Heinonline’S World Constitutions Illustrated In Top 5 Fcil Sources, Yemisi Dina

Articles & Book Chapters

World Constitutions Illustrated provides access to constitutions of various jurisdictions. There is a current constitution in the original language, one English language translation for each country, and amending laws for each constitution.

The database provides access to constitutional development documents, which is very important and critical, especially when researching smaller economies and jurisdictions. It serves as a one-stop shop for materials that may not necessarily be easily available anywhere else.

A Proposal For The International Law Commission To Study Universal Criminal Jurisdiction, Charles C. Jalloh

Articles

The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the …

Wage And Inequalities In Canada (2018), Eric Tucker, Isaac Handley

Articles & Book Chapters

Canada is a federal state and, pursuant to its constitution, labour and employment law is principally a matter of provincial jurisdiction. The federal government’s powers in this field are limited to the federal public service and federally regulated businesses, which is estimated to cover about 10% of the labour force. Therefore, there are no nationally applicable laws governing the minimum wage or employment discrimination. In the discussion that follows, we refer to the common features that can be found in all or most Canadian jurisdictions, but draw principally upon the Province of Ontario, Canada’s most populous province, for specific examples.

Innovative Approach To Anti-Beps And The Coherence Of International Tax Law, Haiyan Xu

SJD Dissertations

This dissertation is comprised of three articles:

• Avi-Yonah, Reuven,. co-author. "Evaluating BEPS: A Reconsideration of the Benefits Principle and Proposal for UN Oversight." H. Xu, co-author. Harv. Bus. L. Rev. 6, no. 2 (2016): 185-238
• Reuven S. Avi-Yonah & Haiyan Xu, A Global Treaty Override? The New OECD Multilateral Tax Instrument and Its Limits, 39 Mich. J. Int'l L. 155 (2018).
• Avi-Yonah, Reuven S. "China and BEPS." Haiyan Xu, co-author. Laws 7, no. 1 (2018): 4-30.

Epilogue: Indigenous Research: Future Directions, Deborah Mcgregor

Articles & Book Chapters

Indigenous research is often viewed as a novel and recently conceived research paradigm with the aim of explicitly and actively supporting the self-determination goals of Indigenous peoples (National Aboriginal Health Organization [NAHO], 2005). While it may be “new” to academia, engaging in Indigenous inquiry, along with its resultant knowledge production and mobilization, is actually far from new. Indigenous societies, like any autonomous and sovereign nations, required regularly updated knowledge to meet existing and emerging challenges. Indigenous peoples have thus been seeking knowledge to support their existence as peoples and nations for millennia (Absolon & Willet, 2004; Cardinal, 2001; Castellano, 2000; …

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.

Crypto Securities: On The Risks Of Investments In Blockchain-Based Assets And The Dilemmas Of Securities Regulation, Schlomit Azgad-Tromer

American University Law Review

No abstract provided.

"Natural Born Citizen", Thomas H. Lee

American University Law Review

No abstract provided.

Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda

American University Law Review

No abstract provided.

The Trans Athlete Dilemma: A Constitutional Analysis Of High School Transgender Student-Athlete Policies, Michael J. Lenzi

American University Law Review

No abstract provided.

Democracy, Justice And Legitimacy Of International Courts, Mortimer N.S. Sellers

Book Chapters

No abstract provided.

2017 Master Of The Game Award

Marquette Sports Law Review

None

Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow

Marquette Sports Law Review

None

Table Of Contents

Marquette Sports Law Review

None

The Anomalous Connection Between Athletics And Academics, Lewis Kurlantzick

Marquette Sports Law Review

None

Examining Value, Measuring Engagement: A National Study Of The Long-Term Outcomes Of A Law Degree, Accesslex Institute, Gallup

Commissioned Research

By 2019, over 3 million Americans will be enrolled in a graduate program. This is an important and difficult choice for most students, given the time, money and uncertain job prospects associated with advanced degrees. The decision to attend law school is particularly challenging, as student loan burden and job market competitiveness have increased significantly since the end of the Great Recession. Furthermore, as noted by the National Task Force on Lawyer Well-Being, the legal profession is “at a crossroads” caused by a dwindling market share, waning public confidence and mental health issues among lawyers. These challenges call for a …

Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia

Student Works

No abstract provided.