Law Commons^™

Pubfair: A Framework For Sustainable, Distributed, Open Science Publishing Services, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Azucena V. State Of Nevada, 135 Nev. Ad. Op. (Sep. 5, 2019), Mia Mallette

Nevada Supreme Court Summaries

The Court determined that the trial judge’s actions during jury selection rose to the level of judicial misconduct in response to a prospective juror indicating she could not be unbiased. These actions could have impeded Azucena’s right to a fair trial with an impartial jury as the court feared that the potential jurors would not have been able to answer candidly about any biases they may have had.

Nevada State Engineer V. Happy Creek, Inc., 375 Nev. Adv. Op 41 (Sep. 12, 2019), Paige Silva

Nevada Supreme Court Summaries

In water rights permit cancellation cases, the Nevada courts have long-standing and well-supported authority to grant equitable relief from the new priority date that NRS 533.395 requires the State Engineer to assign.

Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Crude Bargain: Great Powers, Oil States, And Petro-Alignment, Inwook Kim

Research Collection School of Social Sciences

Petro-alignment, a quid pro quo arrangement whereby great powers offer security in exchange for oil states’ friendly oil policies, is a widely used and yet undertheorized energy security strategy. One consequential aspect of this exchange is that great powers choose different levels of security commitment to keep oil producers friendly. With what criteria do great powers rank oil states? How do we conceptualize different types of petro-alignments? What exactly do great powers and oil producers exchange under each petro-alignment type? I posit that a mix of market power and geostrategic location determines the strategic value and vulnerability of individual client …

International Trade, Fdi And Agency Problems, Yuting Chen

Dissertations and Theses Collection (Open Access)

This dissertation comprises three papers that separately study product quality in international trade, the governance’ effect on FDI and the agency problems in firms’ exporting decisions.

The first chapter quantifies the contribution of differences in quality preferences to the differences in gains from trade across countries. The quantification demonstrates that variations in the strength of quality preferences across countries add to heterogeneities across countries in market competitiveness. If the quality channel is shut down, countries with stronger preferences for quality have larger degrees of underestimations in their losses from the trade barrier. Finally, gains from a universal rise in quality …

The Prison-Televisual Complex, Allison Page, Laurie Ouellette

Communication & Theatre Arts Faculty Publications

In 2016, the A&E cable network partnered with the Clark County Jail in Jeffersonville, Indiana, to incarcerate seven volunteers as undercover prisoners for two months. This article takes the reality television franchise 60 Days In as a case study for analyzing the convergence of prison and television, and the rise of what we call the prison-televisual complex in the United States, which denotes the imbrication of the prison system with the television industry, not simply television as an ideological apparatus. 60 Days In represents an entanglement between punishment and the culture industries, whereby carceral logics flow into the business and …

International Recognition Of Singapore´S New Restructuring Framework, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

In the past years, Singapore has modernized its insolvency framework with the purpose of becoming an international hub for debt restructuring. One of the most significant reforms has affected the Singapore Scheme of Arrangement (SSoA). Under the new SSoA, debtors are allowed to remain in possession leading the restructuring process while enjoying the protection of an automatic moratorium with worldwide effects as well as a variety of tools imported from the US Chapter 11, including the availability of DIP financing, the restriction of ipso facto clauses, and a cross-class cramdown. Therefore, the new SSoA differs significantly from the typical scheme …

Rethinking Police Rulemaking, Maria Ponomarenko

Northwestern University Law Review

For more than sixty years, prominent policing scholars have argued that the way to address the many problems of policing is to treat police departments like all other agencies of government—and to require that they set policy through something like notice-and-comment rulemaking. This paper argues that despite its intuitive appeal, rulemaking is not a particularly apt solution to policing’s various ills. Although policing scholars have been right to look to administrative law for ideas on how to govern policing, they have been focused on the wrong set of administrative tools. Instead of looking to the public to regulate the police …

Forgotten Limits On The Power To Amend State Constitutions, Jonathan L. Marshfield

Northwestern University Law Review

There seem to be no limits on what can pass through state constitutional amendment procedures. State amendments have targeted vulnerable minorities, deeply entrenched specific fiscal strategies, and profoundly restructured institutions. The malleability of state constitutions is significant because in many states there are legitimate fears that special interests dominate amendment politics, and that fundamental change is occurring with minimal opportunities for constructive deliberation or inclusive participation. The state doctrine of “referendum sovereignty” is a key condition fueling this dynamic. The doctrine holds that there are no substantive limits on any state amendment processes so long as amendments comply with federal …

The Character Of Law: A Normative Critique Of Social-Emotional Learning Laws, Meredith R. Aska Mcbride

Northwestern University Law Review

This Note examines a widespread but barely acknowledged phenomenon within education law: the recent enactment, in all fifty states, of statutes and standards regarding students’ social and emotional learning within public schools. Despite significant empirical evidence that curricular and disciplinary interventions targeting students’ social and emotional skills are effective at building these skills and, in turn, enhancing students’ academic and long-term outcomes, this Note argues that social and emotional learning should not be legislated. Drawing on James Scott’s seminal critique of processes of state rationalization and Jal Mehta’s application of this critique to education policy, this Note shows that the …

Bounding Forward, Robert L. Fischman

Articles by Maurer Faculty

In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.

Steering Science Through Output Indicators And Data Capitalism, Ulrich Herb

Copyright, Fair Use, Scholarly Communication, etc.

Since the mid-1920s, a scientist's performance was tracked by using bibliometric information such as the number of publications or their citations. Today, there are unprecedented possibilities for controlling science by analysing data on production and use of scientific information, so that citations only play a subordinate role in the evaluation of science. To illustrate this change, we take a look at the history of the Dutch publishing house Elsevier and its metamorphosis into a research intelligence service provider, because it ideally reflects the new possibilities of logging and controlling science.

Society Publishers Accelerating Open Access And Plan S - Final Project Report, Alicia Wise, Lorraine Estelle

Copyright, Fair Use, Scholarly Communication, etc.

Wellcome, UKRI, and the Association of Learned and Professional Society Publishers (ALPSP) commissioned Information Power Ltd to undertake a project to support society publishers to accelerate their transition to Open Access (OA) in alignment with Plan S and the wider move to accelerate immediate OA. This project is part of a range of activity that cOAlition S partners are taking forward to support the implementation of Plan S principles. 27 business models and strategies that can be deployed by publishers to transition successfully to OA were published. We surveyed society publishers about their experience of and interest in these models, …

Volume 103, Number 3 (Fall 2019)

Judicature

No abstract provided.

Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi

Research Collection Yong Pung How School Of Law

Section 10(1)(g) of the Singapore Income Tax Act is a ‘sweeping-up’ provision which catches all income not falling under sections 10(1)(a)–(f). More than 50 years after its introduction, the application of section 10(1)(g) is still unclear despite the test laid out in IB v CIT. This article notes that the current jurisprudence is limited to cases involving gains or profits from the disposal of assets. It argues that the reliance on the Australian Myer Emporium test in IB v CIT was misplaced and that the section 10(1)(g) test should not have a sole focus on intention. Rather, it proposes a …

The Theoretical Foundations Of Judicial Review In Singapore, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

Thetheoretical foundation of judicial review of administrative action has been thesubject of fierce debate among English scholars: the source jurisdiction ofmuch of public law in Singapore. In contrast, there is comparatively littleattention paid to the question of the particular theoretical foundations ofjudicial review in Singapore. Indeed, there is an inclination in Singapore caselaw and academia towards importing English theories of judicial review. Accordingly,this paper aims to contribute to the formulation of a proper theoreticalfoundation for judicial review in Singapore. It argues that with a proper understanding of the competing Englishtheories of judicial review, it will be apparent that they are …

E-Notice And Comment On Due Process, Sergio J. Campos

Articles

No abstract provided.

Views And News From The 8th Journal Of Private International Law Conference 2019 In Munich, Matthias Weller, Giesela Ruhl, Saloni Khanderia, Rui Dias, Adeline Chong, Apostolos Anthimos, Ivana Kunda, Ekaterina Pannebakker, Tobias Lutzi

Research Collection Yong Pung How School Of Law

From 12 to 14 September 2019, the Journal of Private International Law held its 8th Conference at the University of Munich, perfectly hosted and organized by our Munich-based colleague Anatol Dutta. Nearly 150 colleagues gathered from all over the world, amongst them many of the Conflictoflaws.net editors.

Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan

Research Collection Yong Pung How School Of Law

A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …

The Myth Of Common Law Crimes, Carissa Byrne Hessick

Faculty Publications

Conventional wisdom tells us that, after the United States was founded, we replaced our system of common law crimes with criminal statutes and that this shift from common law to codification vindicated important rule-of-law values. But this origin story is false on both counts. The common law continues to play an important role in modern American criminal law, and to the extent that it has been displaced by statutes, our justice system has not improved. Criminal statutes regularly delegate questions about the scope of criminal law to prosecutors, and judges have failed to serve as a check on that power. …

Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose

Faculty Scholarship

How do we evaluate a Supreme Court that writes more than it decides? Despite having the lowest decisional output in the modern era, the Roberts Court is the most verbose Supreme Court in history. The current Justices are more likely than past Justices to have their individual say in cases, writing more concurring and dissenting opinions than prior Courts. These opinions are longer, often strongly worded, and rarely add clarity to the underlying decision. The Roberts Court has shifted from being a decisional body to becoming an institution that comments on more cases than it decides.

This article critiques the …

Mormon Profit: Brigham Young, Tithing, And The Bureau Of Internal Revenue, Samuel D. Brunson

BYU Law Review

No abstract provided.

The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock

BYU Law Review

No abstract provided.

Intention And Interpretation In Law, Cosim J. Sayid

Dissertations, Theses, and Capstone Projects

I provide a Gricean theory of communication to constitutively explain the basis of duties, immunities, powers, privileges, and rights – the legal profile– possessed by actors within a legal system in virtue of their legally authoritative communicative intentions. This allows me to clearly speak to what is communicated between legal agents and how to interpret – how to figure out – that content, using available evidence. That account is then applied to statutory interpretation and contract law. Using a notion I call creative interpretation, which I develop by analogy to some species of literary and musical interpretation, I …

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura

Dissertations, Theses, and Capstone Projects

In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was forced to retire from his research, and his work was lost in the archives of the Habsburgs. A few years later, in 1598, Alemán published his famous best seller, El Guzmán de Alfarache.

Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative text …

Abolishing Canadian Crown Copyright: Why Government Documents Should Not Be Subject To Copyright, Emily Benton

Master of Studies in Law Research Papers Repository

Section 12 of the Canadian Copyright Act, which assigns the government copyright ownership over all documents produced by the federal government for a period of fifty years, has remained virtually unchanged since being introduced into Canada’s copyright legislation in 1921. This provision is known as Crown copyright, and its continued existence serves as a barrier to the reuse of public sector information by the public, despite the fact that said documents were produced by government employees whose salaries are paid for by the taxpayers. This paper looks at Crown copyright through a global and Charter lens, evaluating how s.12 fits …

August 31, 2019: Is Hallowed Secularism Any Longer The Question?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Hallowed Secularism Any Longer the Question?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.