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Articles 1 - 30 of 12040
Full-Text Articles in Law
Narrative Justice: Somebody Delivers The Answers That Police Will Not, Neroli Price
Narrative Justice: Somebody Delivers The Answers That Police Will Not, Neroli Price
RadioDoc Review
By investigating Courtney Copeland’s 2016 murder, the podcast series Somebody (2020) does the work that should be done by police. Narrated by Courtney’s mom, Shapearl Wells, the series not only decentres the official police narrative, but also opens up alternative paths towards seeking justice. Situated within the Black Lives Matter movement, calls to defund the police and questions about the usefulness of “objectivity” in journalism, Somebody attempts to put systemic violence on trial and hold those in power to account. Challenging extractive forms of journalism, Somebody moves towards a model of shared authority between producers and their sources. This review …
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
BYU Education & Law Journal
This article first reviews the Sixth Circuit panel decision, settlement agreement, and en banc appellate court action. Then, it explores related recent cases that also address a constitutional right to some level of education. The final section analyzes the viability of arguments asserting a federal right to access to a minimum education under the Fourteenth Amendment and implications of establishing such a federal right.
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
Seattle Journal of Technology, Environmental & Innovation Law
In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …
Lending Innovations, Xuan-Thao Nguyen
Lending Innovations, Xuan-Thao Nguyen
Brooklyn Law Review
This article is about innovations. Startups and their founders in the innovation intensive sectors cannot reach their dreams without financing. They cannot turn to banks for loans. Banks, from community to commercial banks, shun startups due to antiquated banking law, business model and high risks associated with tech lending. But there are outlier banks who disrupt the banking business model with lending innovation, fueling startups with loans that allow tech innovations to occur from Silicon Valley to Route 128 of the northeast corridor, and from Shanghai, China to Herzliya, Israel. With qualitative and quantitative patent data, this article demonstrates how …
Going Gunless, Dru Stevenson
Going Gunless, Dru Stevenson
Brooklyn Law Review
Firearm policy in the United States is subject to longstanding political gridlock. Up to now, most of the legal academic literature has focused on the constitutionality of various—or any—regulations regarding firearm possession, sales, or usage. This article inverts the problem and proposes a system for voluntary registration and certification of nonowners, those who want to waive or renounce their Second Amendment rights as a matter of personal conviction. The proposed system is analogous to both the registration of conscientious objectors during wartime conscriptions, and the newer suicide prevention laws whereby individuals can add their names to a do-not-sell list for …
Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang
Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang
Brooklyn Law Review
After the Cuban Revolution, the Castro government nationalized the property of many American nationals, which served as a justification for the Kennedy administration’s decision to institute a general economic embargo on Cuba. This embargo was officially codified in the late 1990s in the Cuban Liberty and Democratic Solidarity (Libertad) Act, enacted by President Bill Clinton. Title III of this Act was suspended since its enactment. By creating a private cause of action for American nationals to sue “traffickers” of their improperly nationalized Cuban property, Title III aims to deter foreign investment into Cuba and compensate American citizens whose Cuban property …
Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court
Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA
Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013
State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court
State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Reply Brief of Appellant
Appeal from Order Denying Motion to Reinstate Defendant’s Right to
Appeal with Commensurate Right to Effective Assistance of Counsel
Fourth Judicial District, Provo Division,
the Honorable Christine Johnson presiding
Oral Argument Requested
Defendant is Currently Incarcerated
Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Response Brief Of Appellee, Utah Supreme Court
Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Response Brief Of Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Review of Question of Law Certified by theUnited States Court of Appeals, Tenth CircuitCase No. 19-4052
RESPONSE BRIEF OF APPELLEORAL ARGUMENT REQUESTED
Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Brief Of Appellant/Cross-Appellee Kelly Laws, Utah Supreme Court
Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Brief Of Appellant/Cross-Appellee Kelly Laws, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
< p>Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah
Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Reply Brief Of Appellant, Utah Supreme Court
Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Reply Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Reply Brief of Appellant
Review of a Certified Question from the United States Tenth Circuit Court of Apeals, Case No. 19-4052
Between Control And Empowerment: Local Government And Acknowledgement Of Adat Villages In Indonesia, Tine Suartina
Between Control And Empowerment: Local Government And Acknowledgement Of Adat Villages In Indonesia, Tine Suartina
Indonesia Law Review
The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official …
Book Review The Spectra Of Authoritarianism In Southeast Asia, Ghunarsa Sujatnika
Book Review The Spectra Of Authoritarianism In Southeast Asia, Ghunarsa Sujatnika
Indonesia Law Review
This book results from of a collaboration between SHAPE-SEA and academics/experts who focus on variants of authoritarian practices that hit countries in ASEAN. The discussion presented by the authors aims to identify, understand, and analyze the effects of authoritarian regimes on democratic life in ASEAN. In this regard, this book attempts to present how human rights and fundamental freedoms can be compromised, as well as how vulnerable groups are increasingly marginalized.
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Fordham Environmental Law Review
No abstract provided.
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Fordham Environmental Law Review
No abstract provided.
Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal
Fordham Environmental Law Review
No abstract provided.
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Fordham Environmental Law Review
No abstract provided.
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
Brooklyn Journal of International Law
Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation …
Keynote Address: Alaskan Election Law In 2020, Erwin Chemerinsky
Keynote Address: Alaskan Election Law In 2020, Erwin Chemerinsky
Alaska Law Review
No abstract provided.
Alaskan Exceptionalism In Campaign Finance, Chad Flanders
Alaskan Exceptionalism In Campaign Finance, Chad Flanders
Alaska Law Review
This article argues that Alaska’s efforts in campaign finance reform are closely tied to a philosophy of “Alaskan Exceptionalism”: the view that Alaska is fundamentally different from other states. A recent decision from the Supreme Court, Thompson v. Hebdon , may, however, weaken Alaska’s right to justify its reforms through an “exceptionalist” lens. The same decision suggests the Supreme Court is further narrowing its campaign finance jurisprudence more generally. Without these campaign finance limits, Alaskan politics may continue to be dominated by the oil and gas industry, the very problem those limits sought to address in the first place
Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar
Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar
Alaska Law Review
Since statehood, Alaska’s Constitution has included the right of the people to enact legislative change by direct democracy. The state’s initiative process as governed by the Alaska Constitution, statutes, and caselaw reflects a delicate balance of citizen participation within carefully crafted guardrails meant to ensure the efficacy of the process and the role of the legislature. Alaska courts have developed a still-evolving body of caselaw interpreting the restrictions on the subject and scope of ballot initiatives, the role of the executive and judicial branches in the initiative process, and the timing and procedural features of the process. Navigating the initiative …
The Top-Four Primary And Alaska Ballot Measure 2, Brendan Mcguire
The Top-Four Primary And Alaska Ballot Measure 2, Brendan Mcguire
Alaska Law Review
This Primer provides an overview of the debate surrounding non-partisan ranked primaries. In the November 2020 election, Alaskan voters decided whether to adopt Ballot Measure 2 which, among other reforms, would introduce a top-four primary system. Under this system, the top-four vote-getters in the primary election, regardless of partisan affiliation, would advance to the general election. Supporters of the reform argue it offers voters more choices, fosters competition, creates a more representative pool of candidates, and avoids vote splitting. Opponents contend that such a system reduces representation by possibly preventing political parties from participating in general elections. Alaska will not …
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Alaska Law Review
Racial oppression in American democracy is older than America itself. While most existing scholarship focuses on the historical disenfranchisement of Black and Latinx voters, this Note tells the story of the voting rights of a smaller, but still noteworthy marginalized American community: Alaska Natives. By contextualizing the history of Alaska Native disenfranchisement within the broader national landscape, this Note seeks to illuminate the ways in which the Alaska Native experience is similar to, and unique from, the experiences of other marginalized American communities. Although this history and present are rife with troubling discrimination, inequity, and non-compliance, this Note is ultimately …
How Should Alaskans Choose?: The Debate Over Ranked Choice Voting, Angela Sbano
How Should Alaskans Choose?: The Debate Over Ranked Choice Voting, Angela Sbano
Alaska Law Review
In November 2020, Alaskan voters will decide whether or not they will adopt a Ranked Choice Voting system for elections within their state. While the move would be an unprecedented one for the state, the state of Maine and cities across the country have already adopted Ranked Choice Voting in recent years. The electoral system of Ranked Choice Voting in the United States has seen city-wide adoption, mass repeal, and renewed interest and support over the last century. Proponents hail its ability to improve representation and campaign civility, while opponents point out its complexity and potential to decrease voter turnout. …
When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray
When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray
Alaska Law Review
In 2010, the Alaska supreme court held that a legally deficient petition summary of a ballot initiative could be corrected and put on the ballot without being recirculated for signatures. The Parental Involvement Initiative at the root of the litigation would prohibit doctors from performing abortions for unemancipated minor women who had not provided notice to or obtained consent from a parent. After the petition was circulated for signatures, the supreme court determined that omissions of fact in the petition summary rendered the summary inaccurate and therefore deficient. However, the court refused to require that the initiative sponsors recirculate the …
Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski
Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski
Alaska Law Review
While the judicial merit system in Alaska has effectively balanced accountability with the competing need for independence in the judiciary, the growing trend of politicized retention elections threatens that independence. This Note examines the threat to the Alaskan judicial merit system, argues for the importance of protecting an independent judiciary, and proposes a number of potential solutions to reform or replace the current retention election system.
Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes
Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes
Duke Journal of Comparative & International Law
A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry’s housing needs. Although this reorientation reflects decisions from the European Court of …