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2018

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Articles 811 - 840 of 14564

Full-Text Articles in Law

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter Dec 2018

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

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Gst Contract Review, Vincent Ooi Dec 2018

Gst Contract Review, Vincent Ooi

Research Collection Yong Pung How School Of Law

GST contract review—overviewTax lawyers are often asked to review a commercial contracts from a Goods Services Tax (“GST”) perspec-tive. This note focuses on contracts for the supply of services or goods, and not a contract for the sale and purchase of a business.Understanding the GST consequences of the contractThe contract that you are asked to review will usually contain a GST clause, but it is insufficient to look only at that clause. As further explained in Practice Note: How to review a commercial contract for GST purposes, you should also review the whole contract so that you can establish:• What …

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Comment On 'Error And Regulatory Risk In Financial Institution Regulation', Keith N. Hylton Dec 2018

Comment On 'Error And Regulatory Risk In Financial Institution Regulation', Keith N. Hylton

Faculty Scholarship

I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …

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Standing A Chance: Does Spokeo Preclude Claims Alleging The Violation Of Certain State Data Breach Laws?, Taryn Elliott Dec 2018

Standing A Chance: Does Spokeo Preclude Claims Alleging The Violation Of Certain State Data Breach Laws?, Taryn Elliott

Seton Hall Law Review

No abstract provided.

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Prophylactic Merger Policy, Herbert J. Hovenkamp Dec 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

All Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there …

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Alaska’S Merit Selection Of Judges: The Council’S Role, Past And Present, Teri White Carns, Susie Mason Dosik Dec 2018

Alaska’S Merit Selection Of Judges: The Council’S Role, Past And Present, Teri White Carns, Susie Mason Dosik

Alaska Law Review

Delegates to Alaska's Constitutional Convention adopted a Judiciary Article that called for the state's judges to be selected and retained in a merit selection system. Modeled after the "Missouri Plan," attorneys applying for judgeships are reviewed by the Judicial Council; two or more candidates are nominated to the governor; the governor appoints from the Council's list; and all judges periodically stand for retention in the general elections. Alaska's Judicial Council is composed of three non-attorneys appointed by the governor and confirmed by the legislature, three attorneys appointed by the Alaska Bar Board of Governors, and the Chief Justice who serves …

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Racing To Regulation: A Comparative Analysis Of Virtual Currency Regulation In Alaska And The Proposed Alaska Money Services Act Carlos Manzano, Carlos Manzano Dec 2018

Racing To Regulation: A Comparative Analysis Of Virtual Currency Regulation In Alaska And The Proposed Alaska Money Services Act Carlos Manzano, Carlos Manzano

Alaska Law Review

The emergence of virtual currencies has revolutionized the financial industry by creating an alternative form of payment that seeks to insulate individuals from government and bank influence. Yet, federal regulation of virtual currency has remained limited. Many state legislators have rushed to fill the gap by enacting laws regulating virtual currency use and transmission. This state-by-state approach has led to significant variation between state regulatory regimes, creating a regulatory spectrum of lenient to strict regulatory approaches. In March 2017, Alaska House Representatives Zach Fansler and Sam Kito proposed the Alaska Money Services Act to require licensing for virtual currency activity. …

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Journal Staff Dec 2018

Journal Staff

Alaska Law Review

No abstract provided.

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Note From The Editor Dec 2018

Note From The Editor

Alaska Law Review

No abstract provided.

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Alaska, The Last Statehood Constitution, And Subnational Rights And Governance, Robert F. Williams Dec 2018

Alaska, The Last Statehood Constitution, And Subnational Rights And Governance, Robert F. Williams

Alaska Law Review

No abstract provided.

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Keynote Address: The Alaska Constitution And The Future Of Individual Rights, Erwin Chemerinsky Dec 2018

Keynote Address: The Alaska Constitution And The Future Of Individual Rights, Erwin Chemerinsky

Alaska Law Review

No abstract provided.

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Of Time, Place, And The Alaska Constitution, G. Alan Tarr Dec 2018

Of Time, Place, And The Alaska Constitution, G. Alan Tarr

Alaska Law Review

This Article places the Alaska Constitution in historical perspective by comparing it with other state constitutions. It first considers how the convention delegates’ need to satisfy four audiences—Congress, Alaska residents who would ratify the constitution, those who would live under the constitution, and posterity—affected the constitution’s design. It next shows how the Alaska Constitution reflects the fact that it is the state’s first constitution, that it is a western constitution, and that it is a mid-twentieth-century constitution. Finally, it compares the Alaska Constitution with the Hawaii Constitution, which was drafted at the same time.

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Alaska Native Perspectives On The Alaska Constitution, William L. Iggiagruk Hensley, John Sky Starkey Dec 2018

Alaska Native Perspectives On The Alaska Constitution, William L. Iggiagruk Hensley, John Sky Starkey

Alaska Law Review

No abstract provided.

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Merit Selection Of Judges In Alaska: The Judicial Council, The Independence Of The Judiciary, And The Popular Will, Walter L. Carpeneti, Brett Frazer Dec 2018

Merit Selection Of Judges In Alaska: The Judicial Council, The Independence Of The Judiciary, And The Popular Will, Walter L. Carpeneti, Brett Frazer

Alaska Law Review

The judicial selection and retention provisions of the Alaska Constitution, found in Article IV, achieve a delicate and remarkably successful balance between competing interests. The purposes of this article are to describe this constitutional plan (called “merit selection” because it begins with nomination based on merit alone), explain why the founders adopted it, examine historical challenges to it, and assess its performance on the 60th anniversary of Alaska statehood.

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Banishment Of Non-Natives By Alaska Native Tribes: A Response To Alcoholism And Drug Addiction Halley Petersen, Halley Petersen Dec 2018

Banishment Of Non-Natives By Alaska Native Tribes: A Response To Alcoholism And Drug Addiction Halley Petersen, Halley Petersen

Alaska Law Review

Since 2015, at least a dozen tribal court banishments have been reported in Alaska, mainly involving alleged bootleggers and drug dealers in rural communities. Rural Alaska communities, which are predominantly Alaska Native, face high rates of alcoholism, drug abuse, and related crime. Faced with these drug and alcohol issues and insufficient access to law enforcement, it is not surprising that some communities have decided to banish offenders. However, banishment is not currently legal, at least when imposed upon non-Native citizens. Tribal courts lack sufficient jurisdiction over non-Natives to banish them for bootlegging or dealing drugs. Tribal governments are sovereigns with …

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Preparing The Way: Tom Stewart’S Recollections On The Alaska State Constitutional Convention, Thomas Metzloff Dec 2018

Preparing The Way: Tom Stewart’S Recollections On The Alaska State Constitutional Convention, Thomas Metzloff

Alaska Law Review

One of the most important figures in the successful effort for Alaska statehood was Tom Stewart. Born into an established Juneau family headed by Ben Stewart, founder of the Alaska Territorial Department of Mines, Tom was raised in Juneau. After earning his B.A. at the University of Washington, he attended Yale Law School. Following graduation, he clerked for United States District Court Judge George Folta in Juneau in 1951 and became a member of the Alaska Bar. After clerking, he served as Assistant Attorney General for Alaska from 1951 to 1954. He was then elected to the House of Representatives …

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Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene Dec 2018

Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Promulgated in 2007, the Charter of the Association of Southeast Asian Nations (ASEAN) reaffirms ASEAN’s longstanding policy of non-interference in member-states’ internal affairs and the retention of consultation and consensus as fundamental tenets of decision-making in ASEAN. This essay considers the role of soft law in the interpretation and development of the ASEAN Charter. It also considers whether the Charter will help ASEAN achieve integration as well as promote democracy, human rights and development in an immensely diverse region comprising half a billion people. The essay argues that although the Charter is a binding legal instrument, the text enables a …

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Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip Dec 2018

Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip

Research Collection Yong Pung How School Of Law

At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.

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The War(S) On Christmas In The Law Books, Kurt Metzmeier Dec 2018

The War(S) On Christmas In The Law Books, Kurt Metzmeier

Faculty Scholarship

This piece takes a reference to a December 25, 1823, session of the Kentucky Senate as a starting point to discuss the legal history of Christmas in America and specifically Kentucky from the Puritan era when it was banned, to the early 1800s when it was officially ignored, to the late 19th century when it was raised to a legal holiday (and when many of the day's tradition were created).

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Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries Dec 2018

Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …

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Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly Dec 2018

Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly

Faculty Scholarship

Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal district …

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Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth Dec 2018

Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth

The US Army War College Quarterly: Parameters

No abstract provided.

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Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz Dec 2018

Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

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Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein Dec 2018

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …

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The Private Insurance Market: Not Very Big And Not Insuring Much, Either, Jacqueline R. Fox Dec 2018

The Private Insurance Market: Not Very Big And Not Insuring Much, Either, Jacqueline R. Fox

Faculty Publications

Creating a single national health insurance pool is not likely to destabilize the economy by supplanting the private health insurance industry. This industry insures a relatively small percentage of the population and holds very little of the risk such insurance implies. In effect, insurance companies function as middlemen, bundling risk packages to distribute to other, larger companies and so serve a limited purpose. Were insurers to handle claims for a national pool as they do for the Medicare program, any destabilization to the economy more broadly would be further minimized.

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Plea Agreements As Constitutional Contracts, Colin Miller Dec 2018

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal cases …

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Differences In Psychopathy And Associated Traits By Police Officer Rank, Rosanne Libretti Dec 2018

Differences In Psychopathy And Associated Traits By Police Officer Rank, Rosanne Libretti

Student Theses

Most psychopathy research focuses on its manifestation in forensic populations, however these results may not generalize onto noncriminal, or “successful,” psychopaths. Lykken (1995) conjectured that socialization may enable “heroes,” like law enforcement, to utilize the interpersonal and affective aspects of psychopathy in a manner that benefits society. Previous research (Falkenbach et al., 2018a) suggests that psychopathy and its correlates differ between police recruits and individuals in the community. It is necessary to continue this work with other groups in the police force to see if the patterns found in these studies generalize to veteran officers who have worked in law …

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How To Create A Stunning Video Orientation By Hand, Rachel S. Evans Dec 2018

How To Create A Stunning Video Orientation By Hand, Rachel S. Evans

Articles, Chapters and Online Publications

This article describes the multi-faceted approach UGA Law Library took with their fall 2018 first year student orientation. It describes the process of the creating a virtual tour experience, pairing it with a hybrid face-to-face event, and assessing the impact of all aspects of the orientation. The creation of the video itself involved a multi-media approach using a combination of visual arts and technology to animate a product that has a longer expiration than traditional video or in-person library orientations offer.

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The Case For An International Court Of Civil Justice, Maya Steinitz Dec 2018

The Case For An International Court Of Civil Justice, Maya Steinitz

Books

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. …

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The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg Dec 2018

The Affordable Clean Energy Rule And The Past, Present And Future Of Climate Change Regulation Of The U.S. Power Industry, David Zilberberg

Fordham Environmental Law Review

No abstract provided.

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