Law Commons^™

Second Mode Inclusion Claims In The Law Schools, Kenneth W. Mack

Fordham Law Review

During the past half-decade, law school student demands for changes in legal education to address issues of diversity and inclusion have both proliferated and grown insistent. Although the demands are somewhat varied, they have sometimes stretched far beyond the admission and hiring of more students and faculty from minority groups. Students have advocated for basic changes in the way that law schools operate in order to make them more inclusive of groups that have been historically marginalized within these institutions.

Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico

Fordham Law Review

Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in its judgment and …

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves …

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …

Too-Big-To-Fail Shareholders, Yesha Yadav

Vanderbilt Law School Faculty Publications

To build resilience within the financial system, post-Crisis regulation relies heavily on banks to fund themselves more fully by issuing equity. This reserve of value should buttress failing banks by providing a mechanism to pay off creditors and depositors and preserve the health of financial markets. In the process, shareholders are wiped out. Scholars and policymakers, however, have neglected to examine which equity investors, in fact, are purchasing bank equity and taking on the default risk of U.S. banks. This Article addresses this question. First, it shows that five asset managers - BlackRock, Vanguard, State Street Global Advisors, Fidelity and …

The Pregnancy Penalty, Jennifer Bennett Shinall

Vanderbilt Law School Faculty Publications

Despite the renaissance of pregnancy-related scholarship over the past decade, 322 very little has been documented empirically regarding the status of pregnant women in the labor market. As such, scholars and advocates have been constrained in their ability to assess both the adequacy of current legislation and the relative urgency for new legislation. Furthermore, in the absence of labor market data, they have been limited in their ability to propose reform measures that can target the pregnant women most in need of assistance. This Article has taken an initial step towards filling these critical gaps in the literature, utilizing a …

Decision Irrationalities Involving Deadly Risks, W. Kip Viscusi, Scott Deangelis

Vanderbilt Law School Faculty Publications

This article provides an experimental analysis of two-armed bandit problems that have a different structure in which the first unsuccessful outcome leads to termination of the game. It differs from a conventional two-armed bandit problem in that there is no opportunity to alter behavior after an unsuccessful outcome. Introducing the risk of death into a sequential decision problem alters the structure of the problem. Even though play ends after an unsuccessful outcome, Bayesian learning after successful outcomes has a potential function in this class of two-armed bandit problems. Increasing uncertainty boosts the chance of long-term survival since ambiguous probabilities of …

Where Are The Gatekeepers? Challenging Utah’S Threshold Standard For Admissibility Of Expert Witness Testimony, Samuel D. Hatch

Utah Law Review

Utah’s Rule 702 on the admissibility of expert witness testimony is far too low. Utah trial courts cannot to fulfill their role as gatekeepers because the threshold standard forces them to admit almost everything without ensuring reliability. Accordingly, Utah evidence law will benefit from amending Rule 702 whether it reverts to the federal rule or elects the Minnesota approach. Either is preferred to the almost nonexistent standard currently in place, which has drifted far from the “inherent[ly] reliab[le]” tradition and is no longer “the touchstone of admissibility” in Utah. The State should amend Rule of Evidence 702 to allow judges …

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue Ann Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.

Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis

Faculty Publications

Modern medical innovations are blurring the line between medical practice and medical devices and drugs. Historically, many techniques have been developed in medicine, without any interference from the federal government, as medical practice is (and has historically been) an area of state jurisdiction. Over the past two decades, however, the U.S. Food and Drug Administration (FDA) has been exerting jurisdiction over the human body and the practice of medicine by targeting new medical techniques for oversight and subjecting the continued use of those treatments to onerous and legally questionable regulatory requirements that hinder the use of those treatments in practice. …

All That Glitters Is Not Gold: Media Coverage Of The Golden State Killer, Lasherica Thornton

Honors Theses

This thesis focused on the media’s extensive coverage of serial killers and, thus, how it could propel them to a state of fame. It discusses that no matter a serial killer’s circumstance, the media typically finds a story. For example, a serial killer can be on a rampage or can be dormant, but in subsequent stories, the media will center a story around the killer’s first and/or recent crimes, his identity, or his possible next move. The New York Times and Los Angeles Times coverage of the Golden State Killer frames the analysis of this manuscript. The purpose was to …

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

Faculty and Staff 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).

Selling Fish To Restaurants And The Public: A Fisher's Guide, Marine Affairs Institute, Roger Williams University School Of Law, Brynae Riggins

Sea Grant Law Fellow Publications

No abstract provided.

Superior Court Of Arizona In Maricopa County: Commercial Court Evaluation, Final Report, Paula Hannaford-Agor

Faculty Publications

On July 1, 2015, the Superior Court of Arizona in Maricopa County (“Superior Court”) implemented a specialized commercial court (“Commercial Court”) as a pilot project. The goal of the Commercial Court was to meet the unique needs of business cases by assigning them to judges with substantial commercial and civil case management experience. Specialized rules governing the assignment and management of Commercial Court cases were developed by the Superior Court and implemented as Experimental Rule 8.1 of the Arizona Rules of Civil Procedure. Three judges were initially assigned to the Commercial Court. The Commercial Court was authorized to conduct a …

Winter 2018

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editors in Chief: Emma Chapple, Joel Tichinoff

Editors: Sydeny Hull, Matt Gruchey

Graphic Design & Layout: Max Waterman

Photography: Luke MacGillivray

Tracking Colorado Legislation, Robert Linz

Other Faculty Publications

When the 72nd General Assembly commences in January 2019, many researchers will want to follow the developing legislation. In the Second Regular session of the 71st General Assembly, the House considered 441 bills and the Senate considered 280 bills on a wide range of subjects, both controversial and mundane.1 Researchers need a way to sift through this large amount of legislation so they can track legislation pertinent to them through the legislative process. h e General Assembly’s website offers one approach. So too do commercial services, which of er not only access to the status of legislation and documents created …

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. …

Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Chemical, Biological, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck

Cardozo Law Review

The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI). DHCI is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by chemical, biological, radiological, and nuclear (CBRN) attacks. Key elements of our proposal include the use of the government's Other Transaction Authority to simplify procurement arrangements, the establishment …

Ip Rights And Indigenous Rights: Between Commercialization And Humanization Of Traditional Knowledge, Julie Yassine

San Diego International Law Journal

The relevance of traditional knowledge is undeniable, but the only question that remains is how to protect it. Does IP law provide adequate and sufficient protection for traditional knowledge? Can it accommodate the particularities of indigenous groups without affecting their aspirations and inspirations? Applying IP law to traditional knowledge is highly contested by indigenous communities, as it can effectively lead to a community’s partial or total commercialization, which requires some efforts to “humanize” it for further adaptation to the context of indigenous rights.

Can He Do That?: A Constitutional Analysis Of President Trump’S Withdrawal From The Paris Agreement, David Hubinger

San Diego International Law Journal

This Article is structured to give context as to the history of United Nations-sponsored, climate change centered, international agreements from the early 1990s to the present. The Article also shows how the goals and responsibilities placed on the United States as a part of the Paris Agreement may still be realized even without full party membership. Additionally, the Article discusses the structural framework of the Paris Agreement and the significance of its legal classification when deciding how President Trump can leave the agreement in accordance with international law. The Article will also discuss how President Trump’s actions regarding the Paris …

Net Neutrality, Antitrust, And Startups In The European Union, Megan Sacher

San Diego International Law Journal

The problem of internet traffic has now entered the personal sphere for individual users, and has gained attention in popular culture and politics. This was inevitable: from fitness tracking, to sending emails, automated surgeries, social media, and everything in between, more and more is happening on the internet. There are so many people using the internet that controlling the traffic and maintaining manageable speeds for users has become a real problem…For years, the European Union and the United States have found themselves in an uphill battle to maintain the open nature of the Internet, or as it was coined in …

Pursuing Accountability For Perpetrators Of Intimate Partner Violence: The Peril (And Utility?) Of Shame, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

This Article explores the use of shame as an accountability intervention for perpetrators of intimate partner abuse, urging caution against its legitimization. Shaming interventions—those designed to publicly humiliate, denigrate, or embarrass perpetrators or other criminal wrongdoers—are justified by some as legitimate legal and extralegal interventions. Judges have sentenced perpetrators of Intimate Partner Violence (“IPV”) to hold signs reading, “This is the face of domestic abuse,” among other publicly humiliating sentences. Culturally, society increasingly uses the Internet and social media to expose perpetrators to public shame for their wrongdoing. On their face, shaming interventions appear rational: perpetrators often belittle, humiliate, and …

دعوى الإلغاء على ضوء التعديلات الجديدة لقانون الإجراءات المدنية وقضاء المحكمة الاتحادية العليا "دراسة مقارنة", عبدالعزيز حسن محمد المرزوقي

Theses

Administration Authority has exclusive power and authority according to the applicable law, administration authority is entitled to take decisions aimed at public interest. However, such decisions will be valid only if they are based on valid and reasonable grounds and do not breach the laws and requirements of validity thereof. Any of the persons having such power and authority maybe by taking such decisions biased and prejudiced in favors of their own personal interest at the expense of the work interest, which constitute a breach of the laws. As result, the UAE laws have provided for methods of quashing the …

The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein

Capstone Projects and Master's Theses

The Arab Springs were a series of revolutions that took place in the Middle East which first came about in the country of Tunisia. Tensions over governmental corruption, poor economic standings, unemployment, lack of political freedom, and little progress for women’s rights. From the fall of the Ben Ali Regime to the rise of the Ennahda Islamist Party, it has truly impacted Women’s Rights in such a unique way that has shaped a great revolution. These tensions also created a domino effect throughout the Arab World which affected countries such as Egypt, Libya, Yemen, and Syria. The role of women …

Stamp Duty Relief And Anti-Avoidance Provisions, Vincent Ooi

Research Collection Yong Pung How School Of Law

Reliefs from stamp dutyIn certain circumstances, stamp duty reliefs may be applicable to instruments that would otherwise be dutia-ble, provided that the reliefs are claimed within specified statutory time limits. Such reliefs are distinct from stamp duty remissions, which may be granted by the Minister through the exercise of his powers under Sec-tion 74 of the Stamp Duties Act (Cap 312, 2006 Ed.). Under Section 74 of the Stamp Duties Act, the Minister has the discretion to prospectively or retrospectively reduce or remit duties subject to such conditions as he may impose. This power may be exercised on a general …

Mediation, Dorcas Quek Anderson, Sabiha Shiraz

Research Collection Yong Pung How School Of Law

No abstract provided.

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson’s …

True Colors: Crime, Race And Colorblindness Revisited, Itay Ravid

Faculty Publications

TRUE COLORS: CRIME, RACE AND COLORBLINDNESS REVISITED Itay Ravid* The violent, racially motivated events of the Charlottesville rally unleashed demons that many Americans believed were long buried. Old Jim Crow-inspired racism came straight through the front door. Yet critics of colorblind policies were not surprised. For them, such an eruption of racial hatred manifested what they had repeatedly argued: colorblind policies neither alter racial predispositions nor affect the unequal treatment of minorities in the United States. In fact, colorblindness has given rise to a modern, latent type of racism. This Article empirically investigates this claim in an unexplored context—the media’s …

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Faculty Scholarship

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues that …