Law Commons^™

Building Infrastructure For African Human Genomic Data Management, Ziyaad Parker, Suresh Maslamoney, Ayton Meintjes, Gerrit Botha, Sumir Panji, Scott Hazelhurst, Nicola Mulder

Copyright, Fair Use, Scholarly Communication, etc.

Human genomic data are large and complex, and require adequate infrastructure for secure storage and transfer. The NIH and The Wellcome Trust have funded multiple projects on genomic research, including the Human Heredity and Health in Africa (H3Africa) initiative, and data are required to be deposited into the public domain. The European Genome-phenome Archive (EGA) is a repository for sequence and genotype data where the data access is controlled by access committees. Access is determined by a formal application procedure for the purpose of secure storage and distribution, and must be in line with the informed consent of the study …

The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Everything You Ever Wanted To Know About The Law Library (But Were Afraid To Ask), Heather Simmons, Rachel S. Evans, Marie Mize, Szilvia Somodi

Presentations

There's more to the library than books and a pretty view! Come learn about the useful and not-so-obvious services the law library has to offer. Topics covered will include:

• Navigating the library facility, browsing the shelves by subject, and emergency prep info
• Other items (other than books!) that are available for checkout
• How to find and request items in Course Reserves or through Interlibrary Loan
• How to search GAVEL (the library catalog) and use subject headings to discover related items by topic
• What our most popular databases are (other than Westlaw and Lexis Nexis) and how to use our A …

Void And Idol: A Critical Theory Analysis Of The Neo-Fascist "Alt-Right", Joan Braune

Journal of Hate Studies

This article’s critique of the neo-fascist “alt-right” employs philosophical methods located at a point of intersection between humanist Marxist and spiritual existentialist frameworks, by relying on two radical twentieth-century philosophers of Jewish descent: Erich Fromm (1900-1980) and Simone Weil (1909-1943). What could a Marxist Critical Theorist (Fromm) and a Christian mystic (Weil) share in common, that could somehow help explain what is going on with a bunch of rebranded fascists (the “alt-right”) today? This peculiar convergence is born in part of a surprising synchronicity, revolving around a single term: “the void.”

Introductory Notes On Engaging With Communities For Justice, Kem Gambrell, Lazarina Topuzova

Journal of Hate Studies

Since the 2016 U.S. Presidential election, the rise in hate around the country has increased dramatically. According to the Southern Poverty Law Center (SPLC), in the days immediately following the election of President Trump, a wave of hate crimes and lesser hate incidents swept the country- 1,094 bias incidents in the first 34 days (Potok, 2017). More than a third of these incidents directly referenced Trump, his “Make America Great Again” slogan, or his infamous misogynistic, racist, xenophobic or other demeaning remarks.

Curbing Hatred: The Ethnic Diehards' Agitations And 2015 Presidential Election Campaign In Nigeria, Abigail Odozi Ogwezzy-Ndisika, Babatunde Adeshina Faustino, Kelechi Okechukwu Amakoh

Journal of Hate Studies

Nigeria witnessed bouts of hate speeches during the buildup to the March 28, 2015 Presidential election. Politicians and their allies made use of acerbic words, half-truths and outright lies during their electioneering campaigns. The election was regarded as a ‘do-or-die’ affair by the politicians. Their activities were alarming and apprehensions were rife about the success of the election and peaceful transition of power. Hence, the two major contestants, Goodluck Jonathan and Muhammadu Buhari along with nine party leaders signed the ‘Abuja Accord’ on January 14, 2015.Furthermore, the country experienced a season of acerbic comments, issuance of quit notices and calls …

"So Much For Darwin" - An Analysis Of Stormfront Discussions On Race, Dianne Dentice

Journal of Hate Studies

Even though people who actively participate in the white nationalist movement appear to be a relatively small percentage of the global population, it appears that racist and anti-Semitic attitudes continue to inform a new generation of white nationalists, many of whom populate discussion forums on Stormfront, online since 1995 and billed as the first Internet site in the hate genre. Membership in extremist groups and support for sites like Stormfront embody specific attitudes about race, the importance of the existence of biological races, intellectual superiority of whites, and justification for these beliefs that is sometimes framed with a religious perspective …

The Perpetuation Of Online Hate: A Criminological Analysis Of Factors Associated With Participating In An Online Attack, James Hawdon, Matthew Costello, Rebecca Barrett-Fox, Colin Bernatzky

Journal of Hate Studies

Online extremism, or the use of information technology to profess attitudes devaluing others based on a characteristic such as race, religion, gender, or sexuality, is a growing problem. This has led to myriad harmful effects for some who are exposed to online hate. A critical first step toward stemming the tide of online hate is understanding factors associated with its creation and spread. To that end, this analysis examines factors associated with joining an ongoing attack against a targeted group online. We use insights from four leading criminological theories – routine activity theory, social control theory, general strain theory, and …

Engaging With The Media In A Pre And Post Brexit World: Racism, Xenophobia And Regulation: A United Kingdom Perspective, Kim Mcguire

Journal of Hate Studies

This paper engages with the perception that the UK media was instrumental in promoting racism and xenophobia in the period before the UK EU referendum. Furthermore, that this promotion led to actual hate crimes within the UK: How and why this occurred are central research issues. However, a further question is why no prosecution took place of either individuals within the media, or media companies themselves, promoting such rhetoric. Primary data analysis consisted of surveying newspaper content, online or otherwise, and particularly the tabloid press, but also EU reports, legislation, including Article 10 and 10.2 European Convention on Human Rights …

Flashpoint: The Church And Law Enforcement In Poor Black And White Communities, Samuel K. Atchison

Journal of Hate Studies

This paper seeks to “connect-the-dots,” linking recent police shootings of African Americans, including several in suburban communities, with emerging research linking the migration to the suburbs of poor, mostly black and Latino urban dwellers with “suburban poverty” and crime. Also discussed are the increase in poverty, crime and incarceration among whites in rural communities. Contrary to popular belief, poor white communities contain the fastest growing segment of the U.S. prison population. Poor whites are also the victims of police violence more often than blacks. As one civil rights leader has written, “While African-Americans are at disproportionate risk from the structural …

Lgbt Hate Crime: Promoting A Queer Agenda For Hate Crime Scholarship, James Pickles

Journal of Hate Studies

Hate crime laws in England and Wales have emerged as a response from many decades of the criminal justice system overlooking the structural and institutional oppression faced by minorities. The murder of Stephen Lawrence highlighted the historic neglect and myopia of racist hate crime by criminal justice agencies. It also exposed the institutionalised racism within the police in addition to the historic neglect of minority groups (Macpherson, 1999). The publication of the inquiry into the death of Stephen Lawrence prompted a move to protect minority populations, which included the lesbian, gay, bisexual, and transgender (LGBT) community. Currently, Section 28 of …

The Pink Triangle As An Interruptive Symbol, Marnie Rorholm, Kem Gambrell

Journal of Hate Studies

The Pink Triangle is a symbol of collective memory and meaning for two very different, but similarly marginalized groups: gay male prisoners held in concentration camps in Nazi Germany, and the modern LGBTQAI+ (lesbian, gay, bisexual, transgender, queer/questioning, asexual/allied and intersexed) community. Since the liberation of the Nazi concentration camps in the mid 1940’s, many memorials to the Holocaust, as well as several for the Pink Triangle victims have sprung up around the world. While there are a number of reasons for these memorials, one premise is that these monuments serve as a way to create a collective memory, with …

Hate, Conflict, And Public Space: Stand Your Ground Laws And Potential Immunity For Hate Crimes, Jennifer N. Grimes

Journal of Hate Studies

Statistics reveal that hate crimes in the United States have increased for the past two years in a row. From 2014 to 2016, the number of reported hate crimes has increased from 5,479 in 2014, to 5,850 in 2015, to 6,121 in 2016. These numbers do not include crimes that were not shared with the FBI by local law enforcement, or crimes that were not reported to the police at all. Early indicators reveal that the number of hate crimes in 2017 is expected to further continue this upward trend. The current social and political climate has raised much concern …

Ministering To Other People's Fears: Effects Of Anti-Muslim Hostility On American Muslim Participation In Public Life, Caleb Elfenbein

Journal of Hate Studies

This article explores the manifestations and effects of anti-Muslim hostility in the United States, asking how anti-Muslim hostility affects the nature of American Muslim participation in public life. It argues that cultural trauma among American Muslim communities, resulting from an expectation of routine harm, conditions the nature of participation in public life undertaken by many American Muslims. Drawing on original datasets documenting anti-Muslim hostility and outreach efforts undertaken by American Muslim communities, we can see that ministering to non-Muslim fears has become a central element of participation in public life. This burden of “humanization” pushes us to consider central elements …

Learning The Language Of Justice Through Play, Carolyn M. Cunningham, Heather M. Crandall

Journal of Hate Studies

Video games are often seen as a medium for entertainment. However, there is an emerging genre of video games that are designed to raise awareness about important social issues like poverty, immigration, and war. These games use persuasive strategies for engaging communities in conversations about human rights issues. This paper provides analyses of the educational strategies of twenty-one human rights video games on the Games For Change website. Our analysis reveals that the ways these games increase cognition, increase empathy and teach affective responses, as well as teach players how to participate in social change processes, serve to educate for …

Establishing Climate Change Standing: A New Approach, Ian R. Curry

Pace Environmental Law Review

Climate change is one of the thorniest political, legal, and economic issues of our time. Therefore, a new legal approach to the issue is required. This Note proposes a streamlined approach for climate change standing, one that assumes injury in fact and causation for a class of discernible climate change harms. A streamlined approach will enable litigants harmed by climate change to seek redress in court, providing an outlet for redress where there has previously been none. Part II of this Note discusses the constitutional doctrine of standing. It begins with a summary of Article III and the logic behind …

Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga

Pace Environmental Law Review

No abstract provided.

Preemption, I Think Not: Evaluating California’S Stored Energy Procurement Law Against Ferc Order 841, Raymond Richards

Pace Environmental Law Review

California’s Energy Storage Systems procurement mandate is a groundbreaking measure designed to supply more clean and reliable energy to the state by allowing the capture of power produced now to be used later. While this technology is still developing, a ready market for such resources will help advance capabilities and bring down cost. Federal Energy Regulatory Commission (“FERC”) Order 841 will springboard storage technology in regions covered by Regional Transmission Organizations (“RTOs”) by allowing storage providers non-discriminatory and accommodating access to the FERC wholesale markets. Although FERC’s new Order speaks directly to the issue of storage technology, it should not …

Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming

Pace Environmental Law Review

This Article analyzes the attacks on a state constitutional conservation lands program since the election of a governor and state legislature opposed to environmental regulation in 2010 – a precursor to current happenings at the federal level under the Trump administration. Former Florida Governor Rick Scott and his administration have spent an average of over $40 million a year in taxpayer money to defend and, in most cases, pay judgments, in lawsuits challenging mandates of the Florida Constitution.

I examine this issue of ignoring or deliberately violating constitutional requirements through the lens of state constitutional provisions that protect natural resources, …

Law Professor Comment Letter On Harmonization Of Private Offering Rules, Elisabeth D. De Fontenay, Erik Gerding, John Coffee, Jr., James D. Cox, Stephen F. Diamond, Merritt B. Fox, Michael Guttentag, Colleen Honigsberg, Renee M. Jones, Donald Langevoort, Saule T. Omarova, James Park, Jeff Schwartz, Andrew F. Tuch, Urska Velikonja

Research Data

Comment letter filed on Sept. 24, 2019.

"File No. S7-08-19"

"We are fifteen law professors whose scholarship and teaching focuses on securities regulation. We appreciate the opportunity to comment on the U.S. Securities and Exchange Commission’s (“SEC” or the “Commission”) Concept Release on Harmonization of Securities Offering Exemptions (the “Concept Release”)."

Concept Release On Harmonization Of Securities Offering Exemptions; File Number S7-08-19, Robert Anderson, Samantha J. Prince, John Neil Conkle, Sarah Zomaya

Faculty Scholarly Works

No abstract provided.

Telling Our Stories At Ifla’S 2019 Meeting In Athens, Greece, Anne Burnett

Articles, Chapters and Online Publications

Anne Burnett summarizes the 85^th World Legal Information Congress (WLIC) and the International Federation of Library Associations and Institutions’ (IFLA) annual meeting held at the Megaron Convention Center, located in the Kolonaki neighborhood of Athens, Greece. Specially Burnett reviews two IFLA sponsored programs held August 26 - 27, 2019.

DipLawMatic Dialogues is the official blog of the Foreign, Comparative, and International Law Special Interest Group of the American Association of Law Libraries. The FCIL-SIS serves as a forum for the exchange of ideas and information on foreign, comparative and international law and legal research. This blog is intended …

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …

No Treatment, No Hope, No Future: Decriminalization Of Heroin And Creation Of A Medical Dependent Standard, Alexander Mangano

Journal of Civil Rights and Economic Development

(Excerpt)

This Note will analyze the current ways heroin users are treated, stigmatized, and left with very little options upon recovery to support themselves and live a normal, productive life. Specifically, this Note will focus on how New York handles heroin users and their experiences with the criminal justice system. This Note proposes the decriminalization, not legalization, of only heroin use. To help addicts with recovery, diversionary courts and programs should be removed from the criminal justice system and instead act as a civil court. Additionally, the creation of a “medical dependent” classification will allow families to effectively force the …

Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak

Journal of Civil Rights and Economic Development

(Excerpt)

This Note brings attention to the New York Legislature’s failure to consider the unique vulnerability and harms of pregnant victims of domestic violence and proposes a statutory amendment. This Note proposes that Section 827(a)(vii) of New York’s Family Court Act be amended to include an additional aggravating circumstance with language to the effect of “any physical injury or psychological, emotional or sexual abuse to a pregnant woman.” This addition is necessary to ensure the list of aggravating circumstances is thorough, and more complete in encompassing all serious and heinous domestic abuse.

Part II of this Note will offer a …

Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos

Journal of Civil Rights and Economic Development

(Excerpt)

Therefore, this Note proposes that New York and other states enact legislation similar to that of the California Family Code, which enacted statutes that prevent someone from obtaining spousal support if they attempted to murder their spouse, committed a violent sexual felony against their spouse, or were convicted of a domestic violence offense against their spouse. The reformed legislation would prohibit judges from awarding spousal support to individuals convicted of attempting to murder their spouse, and would require courts to look carefully at the facts surrounding each case where a spouse has been indicted or convicted of a violent …

Striking The Balance: Search Warrants And Encryption Protected Smartphones, Nicholas A. Oliva

Journal of Civil Rights and Economic Development

(Excerpt)

This note’s analysis of searches of encrypted cell phone will be broken down into in three parts. Part I of this note provides context for the balance between individual privacy and law enforcement by reviewing general Fourth Amendment principles and then Supreme Court rulings that apply these principles to cell phones. Part II then details the advancements in cell phone technology, specifically encryption. These new technologies render the data on cell phones inaccessible and lead law enforcement to go beyond search warrants and seek special orders pursuant to the All Writs Act. Part II provides an overview of the …

Implementing A Clinical Research Program In Long Term Care Facilities: Experiences From The University Of Louisville Center Excellence For Research In Infectious Diseases [Cerid], Ruth Carrico, Dawn Balcom, Kuldeep Ghosh, Bilal Abaid, Vidyulata Salunkhe, Bibodh Jung Karki, Simra Kiran, Stephen Furmanek, Senen Pena, Julio A. Ramirez

Journal of Refugee & Global Health

Background: According to the US Census Bureau International Report, in 2015, almost nine percent of the world’s population was aged 65 and over. As the worldwide population ages, there is a need to understand how to best care for those individuals. Developing clinical research programs focusing on long term care (LTC) will be critical to defining best practice.

Objectives: The objectives of this manuscript are to: 1) outline the challenges identified in performing clinical research in long term care facilities (LTCF), and 2) offer solutions for future clinical research in the LTC environment based upon our experiences.

Methods: A research …

Mmu: 09/23/19–09/29/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Tabor Hill Winery Tour Tickets
• Free Speech, Same-Sex Marriage, and Anti Discrimination Laws
• CDO Resume Workshop 10
• CDO Mentorship Program Information Session
• CDO Resume Workshop 11
• Daily Commons Menu Specials
• SBA Store Hours
• Daily Mass Schedule
• Education Law Forum Introductory Meetins
• CDO's U.S. Army JAG Info Session
• CO Resume Workshop 12
• STMS Event: "Cardinal Pell's Unsuccessful Appeal–and Reason for Hope"
• Fall Ball 2019 Tickets on Sale
• SCELF Event: USA Gymnastics Counsel, Mark Busby
• Civility: Searching for the Better Angels of our Future
• A Different Kind of Lawyer 10 Years Out
• Legal Observer Training
• Women's Legal Forum …

Vol. 57, No. 05 (September 23, 2019)

Indiana Law Annotated

No abstract provided.