Law Commons^™

Interrogation Or Experimentation? Assessing Non-Consensual Human Experimentation During The War On Terror, William J. Aceves

Duke Journal of Comparative & International Law

The prohibition against non-consensual human experimentation has long been considered sacrosanct. It traces its legal roots to the Nuremberg trials although the ethical foundations dig much deeper. It prohibits all forms of medical and scientific experimentation on non-consenting individuals. The prohibition against non-consensual human experimentation is now well established in both national and international law.

Despite its status as a fundamental and non-derogable norm, the prohibition against non-consensual human experimentation was called into question during the War on Terror by the CIA’s treatment of “high-value detainees.” Seeking to acquire actionable intelligence, the CIA tested the “theory of learned helplessness” on …

What Makes For More Or Less Powerful Constitutional Courts?, Stephen Gardbaum

Duke Journal of Comparative & International Law

It is sometimes suggested that one or another constitutional or supreme court (for example, the U.S., Indian, or German) is the “most powerful in the world.” And yet it is often far from clear what the measure of power is or should be, what the sources of judicial power are under the given measure, and what explains why some courts are more powerful than others. Is strength mostly a function of formal powers, so that, for example, a court with the authority to invalidate a constitutional amendment on substantive grounds is ipso facto more powerful than one that may only …

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law, Edward Fitzpatrick

Featured News Story

Third-year law student Michaela Bland will work with Rhode Island Center for Justice to find legal solutions to “school-to-prison pipeline”.

Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman

Testimony Before Congress

Virtually every major international gathering of world leaders recently has ended in failure—or at least failure to reach enough agreement to issue a concluding statement or communique. These failures come at a time when many have been looking for signs that world leaders would come together to address the most pressing problems facing the world—including climate change, the breakdown in the rules of the international trading system, the need everywhere for good jobs that pay a living wage, and rapidly growing income inequality.

The failure of these meetings to produce formal agreements—or even specific paths to reaching agreements in the …

Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

How Mlb Teams Can Protect Themselves From Cheaters, Evan Friedman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Saturday, October 13, 2018, a man claiming to be a Houston Astros employee was removed from an area near the Boston Red Sox dugout during the American League (AL) Championship Series opener at Fenway Park. According to a Metro report, “the man had a small camera and was texting frequently, but did not have a media credential.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 27, 2018. The original post can be accessed via the Archived Link button above.

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …

Examining Internet Usage Patterns On Socio-Economic Benefits Of Marginalised Communities: The Case Of Community Information Centres In Ghana, Stephen Bekoe, Kodjo Atiso, Daniel Azerikatoa Ayoung, Lucy Dzandu, Kennedy Kubuga Kumangkem

Library Philosophy and Practice (e-journal)

In this paper, we explore the socio-economic effects of internet use at the community information centres (CICs) on livelihoods in three regions of Ghana. Sustainable livelihood framework was used as a lens to understand the phenomena being studied. Primary and secondary data collection methods were used. Three CICs in three regions were purposively selected and qualitative research method was adopted for the study. The data were analysed using Nvivo. The findings showed that sending email information was largely the reason why people used the Internet. We found that through the Internet, people learn, develop new business ideas and expand the …

"I'Ve Always Been Outspoken On What I Think Can Be Improved": An Interview With Dr. Garry J. Smith, Fiona Nicoll, Mark R. Johnson

Journal of Law and Social Policy

Dr. Garry J. Smith has spent many years at the forefront of critical gambling research in Canada. In this interview he talks about the genesis of the Alberta Gambling Research Institute, how sociology brings a different lens to gambling studies than psychology, why he speaks out against certain aspects of commercial gambling, the relationship between fun and fairness, and the critical gaps in research that need to be added to address the inherent conflicts of interest that occur with self-regulated gambling.

The interview was conducted by academics Fiona Nicoll and Mark R Johnson on 29 November, 2017. A transcript of …

Ongoing Debates About Gambling Regulation In Brazil: Between Current News And Prospective Laws, An Uncertain Future Ahead, Maria Luiza Kurban Jobim

Journal of Law and Social Policy

Brazil, one of the countries covered by the Bingo Project, has been travelling an intricate path towards gambling regulation. When we presented our completed research at the final Bingo Project conference in 2016 , we mentioned the existence of two simultaneous processes towards gambling regulation, one initiated in the Senate and the other in the Chamber of Deputies. Unsurprisingly, when this volume went to print, both drafts were still in the Congress, waiting for further discussions and final approval.

Playing Bingo With Mum - And Dad!, Ruth Cherrington

Journal of Law and Social Policy

This is a personal account of playing bingo with my parents at various stages of our lives at our local working men’s club in Coventry – the Canley Social Club and Institute. I know these memories will resonate with those who have any experience of club life. They also touch upon wider issues such as the local community that used the club and the rules, both official and unofficial, related to bingo and other forms of low-level gambling in social clubs.

Fifty Years Of Legal Gambling In Canada: So What?, Colin S. Campbell

Journal of Law and Social Policy

As most of my published papers on gambling in Canada have tended to declare at the outset, a 1969 amendment to the Canadian Criminal Code opened the door to a major transformation in the legal status of gambling in Canada. Prior to this amendment, pari-mutuel wagering on horse racing at race tracks was the only form of gambling legally permitted. Nonetheless, other forms of gambling such as charitable bingos and raffles for the purpose of raising funds for worthy community causes were operated in a grey and fuzzy area of criminal law. Thus, policing authorities through the 20th century often …

First Nations Gaming In Canada: Gauging Past And Ongoing Development, Yale Belanger

Journal of Law and Social Policy

Canada's First Nations gaming industry, now entering its third decade of operations, includes sixteen for-profit casinos operating in British Columbia, Alberta, Manitoba, and Ontario (two charity casinos also operate in Ontario) and eleven Nova Scotia First Nations operating just under six hundred Video Lottery Terminals (VLTs) annually generating approximately one billion dollars gross revenues. Each of these sites was constructed with the goal of generating revenue for economically struggling communities, but in most cases, they quickly became the lightning rod of a complex sovereignty discourse underlined by First Nations claims that they possessed the inherent right to control on-reserve economic …

All About That Place: The Curious Case Of Bingo Liberalisation In Brazil, Toni Williams

Journal of Law and Social Policy

Bingo is a form of gaming that is often associated with good works, social services, low stakes entertainment, and working-class sociality. In many parts of the world bingo halls are the province of charities, veterans’ clubs, older women, and families: But not in Brazil. Commercial bingo grew rapidly in Brazil during a decade of legality that ended in 2004. Legal bingo halls employed tens of thousands of people and the game was widely played by middle-class and well-educated Brazilians as well as older working-class women and men. However, the game, or more precisely the bingo halls in which it was …

Beyond The Figure Of The Problem Gambler: Locating Race And Sovereignty Struggles In Everyday Cultural Spaces Of Gambling, Fiona Nicoll

Journal of Law and Social Policy

As gambling has become a ubiquitous feature of many neoliberal capitalist societies, the problem gambler has become a familiar cultural figure, invoked in regulation, popular culture and everyday life. This article brings critical research on governmentality together with cultural studies and critical Indigenous scholarship on whiteness, race and sovereignty to understand the racial biopolitics of gambling beyond the individual subject of problem gambling. I argue that, for settler-colonial states, gambling plays a role in maintaining tropes of cultural representation and securing legal and political power within an overarching system of white racial entitlement. An investigation of cultural spaces and products …

Online Gambling, Regulation, And Risks: A Comparison Of Gambling Policies In Finland And The Netherlands, Alan Littler, Johanna Järvinen-Tassopoulos

Journal of Law and Social Policy

The purpose of this article is to compare the different regulatory approaches taken by Finland and the Netherlands in response to the pressures of European Union law, unlicensed gambling, and the harmful effects which can arise from gambling. The two Member States represent two different models of gambling regulation. According to Kingma, the models refer to different attitudes and concerns towards gambling in different timeframes. We argue that Finland fits the “alibi model” of gambling regulation, whereas the Netherlands aligns with the “risk model”. Both countries have decided to restrict the cross-border movement of gambling services, even though Finland has …

A Tale Of Two Casinos: Unequal Spaces Of Local Governance, Alexandra Flynn

Journal of Law and Social Policy

Local actors, including resident and business associations, do not simply influence decision-makers, but can also reshape the purportedly neutral governance model within which decision-making takes place. In big cities like Toronto, this reshaping exacerbates the existing geographic and socio-economic unevenness. The work of James Scott, Mariana Valverde, and Cheryl Teelucksingh helps to explain how local actors interface with seemingly neutral governance bodies to have their interests heard, particularly in relation to locally undesirable land uses. The paper considers two case studies detailing the governance practices at work in differing decisions about casinos in the City of Toronto. A 2012-2013 debate …

Law, Judges And Authorized Gambling In Italy: A Tale Of Contradictions, Nadia Coggiola

Journal of Law and Social Policy

To date, notwithstanding the large number of scholarly investigations into the legal implications of gambling, little attention has been paid to the interaction between contract law, and the negative moral or social labelling which traditionally affects gambling contracts in many Western countries. The purpose of this article is to investigate how Italian civil courts have applied Civil code and Consumer code rules on abusive clauses to cases involving authorized gambling and betting contracts. These rules should apply to authorized gambling and betting contracts, which generally involve an individual player and a professional service provider, either because the player adheres to …

Risk, Charity, And Boundary Disputes: The Liberalisation And Commercialisation Of Online Bingo In The European Union, Donal Casey

Journal of Law and Social Policy

Land-based bingo has traditionally been perceived as a low-risk social form of gambling. The game is often run for purposes of charitable fundraising, and in many countries bingo is associated in good causes and community rather than risk or profit. These distinguishing characteristics have shaped bingo’s regulation in many jurisdictions. However, technological advances have changed the nature of the game as it moved online and challenged traditional approaches to regulation. In this paper, I document the evolution of online bingo regulation in order to explore what we can learn about the changing ways in which states govern speculative play through …

Regulation And Resistance In Canadian Bingo Halls: A Socio-Legal Account, Kate Bedford

Journal of Law and Social Policy

Bingo is a key lens through which to explore how regulation shapes (or fails to shape) different meanings of gambling, and by extension the different meanings attached to speculation in everyday life. In Canada, bingo is played in a highly distinctive gambling environment that is now being subjected to more standardised rules, often drawn from casinos. In this article, I consider how workers and players in Canadian bingo halls are affected by shifting landscapes of provincial bingo regulation. By exploring smoking bans and new rules on touching cash, I ask: what is happening to bingo and its distinctive player demographic …

Keeping Chance In Its Place: The Socio-Legal Regulation Of Gambling, Kate Bedford, Donal Casey, Alexandra Flynn

Journal of Law and Social Policy

In the winter of 2010, driving through a blizzard to a research interview outside of Ottawa, one of the co-editors of this special issue—Kate Bedford—slid and spun off the road in her rental car. The interviewee—an 80-year-old man who organized a small weekly bingo game—helped dig her out. Sitting in the community centre with him afterwards, thawing, there was ample opportunity for Bedford to reflect on the diverse meanings attached to gambling and the complex ways in which it is regulated. The interviewee talked about ‘use of proceeds’ forms and validating expenses payments for volunteers, describing a gambling landscape that …

Tbeish V. Attorney General, Yosef Elron, David Mintz, Isaac Amit

Translated Opinions

The Petitioner claimed that he was tortured in the course of interrogation by the Israel Security Agency (ISA) (formerly the General Security Service (GSS)), and petitioned the Court to order the Attorney General to rescind his decision not to open a criminal investigation of the interrogators, and to annul the Attorney General’s guidelines entitled: “ISA Interrogations and the Necessity Defense – Framework for the Attorney General’s Discretion” (hereinafter: the AG’s Guidelines) that provide the basis for the Internal Guidelines of the ISA (hereinafter: the Guidelines). The Petitioners argued that the Guidelines unlawfully permit interrogators to consult with more senior officials …

Costs And Consequences Of Wake Effects Arising From Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. Duvivier, D. Kaffine, J.M. Tomaszewski

Sturm College of Law: Faculty Scholarship

Optimal wind farm locations require a strong and reliable wind resource and access to transmission lines. As onshore and offshore wind energy grows, preferred locations become saturated with numerous wind farms. An upwind wind farm generates ‘wake effects’ (decreases in downwind wind speeds) that undermine a downwind wind farm’s power generation and revenues. Here we use a diverse set of analysis tools from the atmospheric science, economic and legal communities to assess costs and consequences of these wake effects, focusing on a West Texas case study. We show that although wake effects vary with atmospheric conditions, they are discernible in …

Week Of November 26, 2018 - November 30, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Environmental Law Society (CELS)
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Office of Student Services & Advising
• Chabad at Cardozo
• Innocence Project Clinic
• Muslim Student Association

Gus H. Small Et Al., Order Regarding Expert Discovery Dispute, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Julio Ayala, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 151901249

SEAN REYES (7969), Utah Attorney General, Counsel for Appellee

CHERISE BACALSKI (15084), Bacalski Legal PLLC, EMILY ADAMS (14937), Adams Legal LLC, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Julio Ayala, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 151901249

SEAN REYES (7969), Utah Attorney General, Counsel for Appellee

CHERISE BACALSKI (15084), Bacalski Legal PLLC, EMILY ADAMS (14937), Adams Legal LLC, Counsel for Appellant

Mmu: 11/26/18–12/02/18, Student Bar Association

Monday Morning Update

Political Science Dept Seeks TAs

Graduate Student Network to Host Winter Formal

Mass Schedule

Announcement - Weekly Bible Study

Legal Voices for Children & Youth Christmas Drive

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Song of the Week

Meme of the Week

1L of the Week: Peter McKeon

#3LOL of the Week

Long Reads of the Week

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.