Law Commons^™

Students For Fair Admissions V. Harvard College And The Future Of Affirmative Action, Cardozo Center For Rights And Justice

2018 Event Invitations

No abstract provided.

Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh

Journal of Islamic Law Studies

The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external.

However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the …

Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani

Journal of Islamic Law Studies

Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- …

Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda

Journal of Islamic Law Studies

This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …

Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya

Journal of Islamic Law Studies

The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid …

Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi

Journal of Islamic Law Studies

The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as …

The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi

Journal of Islamic Law Studies

Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, …

The Devil’S In The Details: The Merits Of The Satanic Temple’S Copyright And Trademark Lawsuit Against Netflix And Warner Bros., Akinyele Jordan

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Sabrina Spellman is a teenage (half-)witch who was originally envisioned to make a one-shot appearance in the Archie Comics universe, but became so popular that she has starred in several of her own titles. She is best known as the protagonist of the sitcom Sabrina The Teenage Witch, which first aired on ABC in 1996.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 25, 2018. The original post can be accessed via the Archived Link button above.

November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman

Grand Valley Journal of History

U.S. covert action from the 1950s onward was shaped, in part, by the success a CIA-orchestrated coup d'état in which the United States deposed the popular Iranian nationalist Mohammed Mossadegh. Ordered by president Eisenhower, the coup in Iran set the precedent for utilizing covert action as a means of achieving State goals. In so doing, President Eisenhower overturned the precedent set by his immediate predecessor, President Truman: that is, the precedent of using the CIA in its intended function, gathering and evaluating intelligence. The coup, then, is an exemplary case of venture constitutionalism. Eisenhower, in ordering the coup, extended his …

November 23, 2018: Thanksgiving 2018, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Happy Thanksgiving: Dickinson Law's History Of Giving, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Historical Perspectives & Reflections On "Matal V. Tam" And The Future Of Offensive Trademarks, Russ Versteeg

Journal of Intellectual Property Law

No abstract provided.

From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith

Journal of Intellectual Property Law

No abstract provided.

Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner

Journal of Intellectual Property Law

No abstract provided.

Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar

Journal of Intellectual Property Law

No abstract provided.

The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert

Journal of Intellectual Property Law

No abstract provided.

Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau

Journal of Intellectual Property Law

No abstract provided.

Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler

Journal of Intellectual Property Law

No abstract provided.

November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Hoynes Code, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations. Requirements for the LL.M. and J.S.D. degree are included in the appendices.

The Hunger Games: Amazon Edition, David Reiss

Cornell Law Faculty Publications

No abstract provided.

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower

Nevada Supreme Court Summaries

The Court determined that Nevada caselaw and NRCP 4(c) give conflicting opinions on whether an attorney or their employee can serve someone for their client. Moreover, the Court clarified that the purpose of the 2004 amendment to NRCP 4(c) was to mirror FRCP 4(c)(2) to interpret the exclusion of counsel as a “party.”

Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer

Popular Media

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality And Aclu Of Washington In Opposition To Plaintiffs' Motion For Summary Judgment And In Support Of Defendant's Cross-Motion For Summary Judgment, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Chong and Marilyn Yim, Kelly Lyles, Eileen, LLC, and Rental Housing Association of Washington v. The City of Seattle

Restoring Unemployment Insurance As Social Insurance, Christopher J. O'Leary

Presentations

No abstract provided.

Assessing The Viability Of Implicit Bias Evidence In Discrimination Cases: An Analysis Of The Most Significant Federal Cases, Anthony Kakoyannis

Florida Law Review

The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals’ subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect decision-making and produce broad societal consequences.

The question that remains unanswered for scholars, attorneys, and judges is whether evidence of implicit bias and its effects can or should be used in legal proceedings. Although the study of implicit bias dates back several decades, only recently have judicial opinions begun …

The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole

Florida Law Review

The past few decades have witnessed a major increase in each successive generation of youth reporting higher levels of mental illness. The detrimental effects of mental disorders, including depression and anxiety, demand a solution that addresses a change in thinking and wellbeing among youth. Research illustrates the substantial impact the teachings of positive psychology have on developing minds. Additionally, positive psychology addresses and attempts to remedy many of the proposed factors contributing to youth depression and anxiety. This Note calls for legislation to introduce positive psychology classes on a statewide level within the K–12 curriculum in all Florida public schools.

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Florida Law Review

This Essay observes that dead patents are not dead. Recent statutory amendments, and U.S. Court of Appeals for the Federal Circuit decisions, allow dead patents to become undead, haunting the living businesses, as seen in Parts I and II, respectively. Notably, the Federal Circuit’s trio of cases has judicially prolonged zombie patents by wrongly eliminating any pathway to challenge improper revivals of dead patents or to raise improper revival as a defense in patent infringement actions. In addition, there is a zombification process that some drug companies have employed on certain patents at the expense of the consuming public, as …