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Articles 9571 - 9600 of 12027
Full-Text Articles in Law
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because the …
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as …
The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford
The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Introduction to Symposium on Feminist Judgments: Rewritten Tax Opinions.
Magical Thinking And Trusts, Bridget J. Crawford
Magical Thinking And Trusts, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
At a time of monumental economic inequality in the United States, wealthy individuals and their tax-motivated behavior have come under significant scrutiny from all corners. In 2019, the Supreme Court issued its first major ruling in over sixty years on the state income taxation of trusts. In North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the Court declined to close what some critics consider to be a major loophole that benefits the trusts that wealthy individuals create for family members. This Article makes two principal claims—one interpretative and the other normative. This Article explains why the …
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Faculty Scholarship
Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech, “terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …
The Self-Delegation False Alarm: Analyzing Auer Deference’S Effect On Agency Rules, Daniel E. Walters
The Self-Delegation False Alarm: Analyzing Auer Deference’S Effect On Agency Rules, Daniel E. Walters
Faculty Scholarship
Auer deference holds that reviewing courts should defer to agencies when the latter interpret their own preexisting regulations. This doctrine relieves pressure on agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary. But according to some leading scholars and jurists, the doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation of powers norms in the process. The claim that Auer perversely encourages agencies to “self-delegate”—that is, to create vague rules that can later be informally interpreted by agencies with latitude due to judicial deference—has helped …
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne Barnes
Faculty Scholarship
The advent of the Internet has brought innumerable innovations to our lives. Among the innovations is the meteoric rise in the volume of e-commerce conducted on the Internet. Correspondingly, consumer-posted information about merchants, goods, and services has also begun to be a rich source of information for consumers researching a purchase online. This information takes many forms, but a major category is the narrative review describing the purchase and experience. Such reviews are posted on websites such as Yelp, Amazon and TripAdvisor, on apps, and on social media such as Facebook and Twitter. The amount and volume of reviews has …
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Faculty Scholarship
This Article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed offhand by immigration judges simply because removal proceedings are technically civil, not criminal. Yet many common-law defenses may be raised in civil cases. Additionally, immigration proceedings have become increasingly intertwined with the criminal system. After examining how judges already rely on federal common law to fill in gaps in the Immigration and Nationality Act (INA), this Article proposes three categories of …
India Moves One Step Further Towards “Arbitration-Friendly” Jurisdiction, Xinyi Shen
India Moves One Step Further Towards “Arbitration-Friendly” Jurisdiction, Xinyi Shen
Arbitration Law Review (2009 - Present)
No abstract provided.
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth
Arbitration Law Review (2009 - Present)
No abstract provided.
Save Your Breath: A Constitutional Analysis Of The Criminal Penalties For Refusing Breathalyzer Tests In The Wake Of Birchfield V. North Dakota, Kylie Fisher
Washington Law Review Online
Statutes that criminally penalize suspected drunk drivers who refuse to submit to testing of their blood alcohol concentration emerged in a number of states as a way to better enforce implied consent statutes that require drivers submit to such testing. In Birchfield v. North Dakota, the Supreme Court held that statutes that criminally punish individuals for refusing a blood test were unconstitutional but upheld criminal refusal statutes regarding breath tests. Much of the reasoning in the majority’s opinion stemmed from a shallow perception of the invasion that breath tests pose to individual privacy interests. Justice Sotomayor’s dissenting opinion noted …
Cyber Pickpockets: Blockchain, Cryptocurrency, And The Law Of Theft, Henry S. Zaytoun
Cyber Pickpockets: Blockchain, Cryptocurrency, And The Law Of Theft, Henry S. Zaytoun
North Carolina Law Review
No abstract provided.
Toward The "Fullest Freedom": Defining Section 7 Stakeholders In Nlrb Unit Determinations, Thomas J. Zamadics
Toward The "Fullest Freedom": Defining Section 7 Stakeholders In Nlrb Unit Determinations, Thomas J. Zamadics
North Carolina Law Review
No abstract provided.
Contents, North Carolina Law Review
Liberty's Limits & Editing Humanity, Alexandra L. Foulkes
Liberty's Limits & Editing Humanity, Alexandra L. Foulkes
North Carolina Law Review
No abstract provided.
Tully V. City Of Wilmington: A Fundamental Right To Be Treated Reasonably At Work, James W. Whalen
Tully V. City Of Wilmington: A Fundamental Right To Be Treated Reasonably At Work, James W. Whalen
North Carolina Law Review
No abstract provided.
Calls For Speculation: An Experimental Examination Of Juror Perceptions Of Attorney Objections, Krystia Reed
Calls For Speculation: An Experimental Examination Of Juror Perceptions Of Attorney Objections, Krystia Reed
Buffalo Law Review
Should attorneys object during trial? Does preserving the record outweigh the potential costs of objections, such as upsetting the jury or drawing attention to the evidence? Legal scholars have opined on the delicate balance attorneys must strike in their decisions to object, but researchers have offered little to guide attorneys making these in-the-moment decisions. I discuss results from two empirical studies that provide evidence that attorneys have less to fear from objections than legal scholars suggest. Based on these results, I provide suggestions for practicing attorneys.
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Buffalo Law Review
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …
When Alternative Dispute Resolution Works: Lessons Learned From The Bashingantahe, Alexander J. Buszka
When Alternative Dispute Resolution Works: Lessons Learned From The Bashingantahe, Alexander J. Buszka
Buffalo Law Review
No abstract provided.
The Effect Media Has On Juror Bias, Tia Fasano
The Effect Media Has On Juror Bias, Tia Fasano
Honors College Theses
The purpose of the study was to illustrate the problems associated with juror bias and how the media contributes to it. The way the media portrays individuals, the language they use, and the pictures seen as affecting potential jurors when they determine verdicts of the people they hear about on the news. The study further investigates whether or not these jurors are influenced enough by the media to cause a bias detrimental to the defendant. The design of the study used multiple peer-reviewed sources, documentaries, and semi-structured interviews. Through these, information was gathered and analyzed. I found through the interviews …
The Constitutionalization Of Fatherhood, Dara E. Purvis
The Constitutionalization Of Fatherhood, Dara E. Purvis
Case Western Reserve Law Review
No abstract provided.
When Stop And Frisk Comes Home: Policing Public And Patrolled Housing, Alexis Karteron
When Stop And Frisk Comes Home: Policing Public And Patrolled Housing, Alexis Karteron
Case Western Reserve Law Review
No abstract provided.
Law And Norms And Will & Grace, Christine Corcos
Law And Norms And Will & Grace, Christine Corcos
Journal Articles
No abstract provided.
Nova Law Review Full Issue Volume 43, Issue 2
Nova Law Review Full Issue Volume 43, Issue 3
A Rising Florida Epidemic: Big Business Controls Florida's Recovery Residence Crisis, Hunter Scharf
A Rising Florida Epidemic: Big Business Controls Florida's Recovery Residence Crisis, Hunter Scharf
Nova Law Review
No abstract provided.
Lowering The Floor: The Consequences Of Competition-Based Education Reform For Low-Income Students & Families, Richard Sena
Lowering The Floor: The Consequences Of Competition-Based Education Reform For Low-Income Students & Families, Richard Sena
Nova Law Review
No abstract provided.
Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano
Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano
Nova Law Review
No abstract provided.
Punishing Bad Actors: The Expansion Of Morals Clauses In Hollywood Entertainment Contracts In The Wake Of The #Metoo Movement, Jihad Sheikha
Punishing Bad Actors: The Expansion Of Morals Clauses In Hollywood Entertainment Contracts In The Wake Of The #Metoo Movement, Jihad Sheikha
Nova Law Review
No abstract provided.
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
Nova Law Review
No abstract provided.