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2020

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Full-Text Articles in Law

Mmu: 11/02/20–11/08/20, Student Bar Association Nov 2020

Mmu: 11/02/20–11/08/20, Student Bar Association

Monday Morning Update

General Announcements and Reminders

  • Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
  • Free Coffee from the SBA until noon
  • CDO Announcements
  • London Law Program Town Hall
  • Note from Kresge Law Library
  • SBA Store
  • Parliament and the Brexit Process: the battle for constitutional supremacy in the United Kingdom
  • Catholics and the 2020 Election
  • LexisNexis 1L Quick Tips Series: Statutory Research Tips
  • Election Day
  • Mass Schedule
  • LexisNexis 2L/3L Quick Tips Series: Practical Guidance Tools for Transactional Practice
  • Just Global Health: Integrating Human Right and Common Goods
  • Representing Jacob Blake: A Conversation with Patrick Salvi II, ‘07 J.D. & Sunny Hostin, ‘94 J.D. …


Vol. 59, No. 11 (November 2, 2020) Nov 2020

Vol. 59, No. 11 (November 2, 2020)

Indiana Law Annotated

No abstract provided.


The Risk Of Oil Spill In The Exclusive Economic Zone Of Sierra Leone, Duramani K. Sesay Nov 2020

The Risk Of Oil Spill In The Exclusive Economic Zone Of Sierra Leone, Duramani K. Sesay

World Maritime University Dissertations

No abstract provided.


Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama Nov 2020

Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama

World Maritime University Dissertations

No abstract provided.


Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem Nov 2020

Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem

World Maritime University Dissertations

No abstract provided.


Rules Of The Road And The Digital Helmsman : An Analytical Review Of The Colreg In The Context Of Autonomous Ships (Degree-Iii), Akshaya Kumar Mahapatra Nov 2020

Rules Of The Road And The Digital Helmsman : An Analytical Review Of The Colreg In The Context Of Autonomous Ships (Degree-Iii), Akshaya Kumar Mahapatra

World Maritime University Dissertations

No abstract provided.


Abandonment Of Seafarers : Challenges & Prospects Under Maritime Labour Convention, 2006, Anish Joseph Nov 2020

Abandonment Of Seafarers : Challenges & Prospects Under Maritime Labour Convention, 2006, Anish Joseph

World Maritime University Dissertations

No abstract provided.


Parsing The Impact Of Alice And The Peg, Colleen Chien, Nicholas Halkowski, Maria He, Rodney Swartz Nov 2020

Parsing The Impact Of Alice And The Peg, Colleen Chien, Nicholas Halkowski, Maria He, Rodney Swartz

Faculty Publications

Almost two years have passed since the USPTO issued its January 2019 Patent Eligibility Guidance (PEG), itself a response to the Supreme Court’s Alice decision, and what many perceived as its destabilizing impact on the certainty of patent prosecutions. Leveraging new data releases, we report on trends in prosecution following the USPTO’s PEG and the Guidance on 112, finding 1) a decline in subject matter rejections and stabilization of subject matter appeals, 2) no discernable increase in 112 rejections, 3) no evidence that small entities were being left behind in Alice-impacted art units by forum shopping by large entities, …


Implementation And Enforcement Of Imo Instruments In Nigeria : A Case Study Of Marpol Annex Vi, Syntyche Baba Haruna Nov 2020

Implementation And Enforcement Of Imo Instruments In Nigeria : A Case Study Of Marpol Annex Vi, Syntyche Baba Haruna

World Maritime University Dissertations

No abstract provided.


The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome Nov 2020

The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome

World Maritime University Dissertations

No abstract provided.


A Study Of The Impacts Of Covid-19 On Seafarer Rights, Nitin Mukesh Nov 2020

A Study Of The Impacts Of Covid-19 On Seafarer Rights, Nitin Mukesh

World Maritime University Dissertations

No abstract provided.


Agenda-Setting At The Imo : Perspectives On The Threats Of Piracy And Armed Robbery Against Ships, Abraham Akwetey Teye Nov 2020

Agenda-Setting At The Imo : Perspectives On The Threats Of Piracy And Armed Robbery Against Ships, Abraham Akwetey Teye

World Maritime University Dissertations

No abstract provided.


Challenges In Respect To Supply Of Imo 2020 0.5% Sulphur Regulation Compliant Bunker Fuel At The Port Of Colombo : Lessons Learnt And The Way Forward, Ranaweera Mudiyanselage Ariyamanjula Nov 2020

Challenges In Respect To Supply Of Imo 2020 0.5% Sulphur Regulation Compliant Bunker Fuel At The Port Of Colombo : Lessons Learnt And The Way Forward, Ranaweera Mudiyanselage Ariyamanjula

World Maritime University Dissertations

No abstract provided.


Accession To The Convention For The Control And Management Of Ships’ Ballast Water And Sediments 2004 : The Case Of Vietnam, Long Viet Le Nov 2020

Accession To The Convention For The Control And Management Of Ships’ Ballast Water And Sediments 2004 : The Case Of Vietnam, Long Viet Le

World Maritime University Dissertations

No abstract provided.


An Analysis Of International Law Principles In State Practice Of Bilateral Transit Treaties, Anujin Thi Hong Onon Nov 2020

An Analysis Of International Law Principles In State Practice Of Bilateral Transit Treaties, Anujin Thi Hong Onon

World Maritime University Dissertations

No abstract provided.


Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellant, Utah Court Of Appeals Nov 2020

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant


An Incident In The South China Sea, Rob Mclaughlin Nov 2020

An Incident In The South China Sea, Rob Mclaughlin

International Law Studies

This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …


The Use Of Spanish Moss As A Biological Indicator To Examine Relationships Between Metal Air Pollution, Vegetation Cover, And Environmental Equity In Tampa, Florida, Yousif Abdullah Nov 2020

The Use Of Spanish Moss As A Biological Indicator To Examine Relationships Between Metal Air Pollution, Vegetation Cover, And Environmental Equity In Tampa, Florida, Yousif Abdullah

USF Tampa Graduate Theses and Dissertations

Studies of inequality in exposure to less common air pollutants, like metals, are often limited by the costs of high spatial resolution measurements. Spanish moss (Tillandsia usneoides) is a promising bioindicator for measuring air pollution due to its lower cost, enabling capture of time-average environmental concentrations at high spatial resolution. This study had three major aims. First, I aimed to use Spanish moss as a bioindicator to characterize ambient concentrations of selected metals (Ti, Cr, Mn, Co, Ni, Cd, Hg, Pb, As, and Sb) in Tampa, Florida. My second goal was to determine the impact of vegetation cover on metals …


Loots Of Their Labor: Analyzing Wage & Hour Challenges In Gaming’S “Crunch Culture”, Matt Vernace Nov 2020

Loots Of Their Labor: Analyzing Wage & Hour Challenges In Gaming’S “Crunch Culture”, Matt Vernace

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Several industries rely on high volumes of creative input from their labor forces; the legal, accounting, medical, and financial fields are infamous for time demands placed on employees. Tech professionals also confront similar high-volume work periods, typically before a big product release. Yet an underexplored industry featuring this demanding work culture lies within interactive entertainment space: video game development. While most of the listed industries offer long-term benefits like equity, job security, or financial stability, game development studios often do not have the same carrots-and-sticks available to sweeten the pot for overworked employees.

This post was originally published on the …


Apple And The European Commission: A Bleak Future For Competitive Balance In The Eu?, Richard Dacher Nov 2020

Apple And The European Commission: A Bleak Future For Competitive Balance In The Eu?, Richard Dacher

Cardozo International & Comparative Law Review (CICLR) Blog

The European Union has long sought to maintain economic competitive balance in Europe. As the European Union’s enforcement arm, the European Commission (“EC”) is tasked with regulating member-states’ aid regimes and maintaining the competitive balance of the single market. A recent decision in the European General Court, against the EC and in favor of Apple and Ireland, threatens the EC’s ability to maintain that balance through litigation and respond to distorted competition. If the EC loses its appeal, it is unclear if the EC can effectively regulate the single market.

This post was originally published on the Cardozo International & …


The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim Nov 2020

The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim

World Maritime University Dissertations

No abstract provided.


A Comparative Study Of The Combined Maritime Force (Cmf) And The Djibouti Code Of Conduct (Dcoc) Aimed At Maintaining Maritime Security In The Area Of The Western Indian Ocean And The Gulf Of Aden, Abdullah Mohammed Mubaraki Nov 2020

A Comparative Study Of The Combined Maritime Force (Cmf) And The Djibouti Code Of Conduct (Dcoc) Aimed At Maintaining Maritime Security In The Area Of The Western Indian Ocean And The Gulf Of Aden, Abdullah Mohammed Mubaraki

World Maritime University Dissertations

No abstract provided.


Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework : A Case Study Of Uganda, Julliet Zalwango Nov 2020

Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework : A Case Study Of Uganda, Julliet Zalwango

World Maritime University Dissertations

No abstract provided.


A Shift In Environmental Accountability, Nicholas Wolf Nov 2020

A Shift In Environmental Accountability, Nicholas Wolf

Fordham Undergraduate Law Review

When counties and cities across the United States have sought compensation for environmental damages, they have taken legal action against large oil companies and other corporations. The courts have almost exclusively ruled in favor of the defendants. Plaintiffs have often accused the defendants of deliberately spreading inaccurate information regarding climate change. Additionally, plaintiffs have asserted that a variety of infrastructural damages have been directly caused by environmental malpractice from energy corporations.

The expansive legal power that companies such as BP, Chevron, Exxon Mobil, Shell, and ConocoPhillips possess have allowed them to dodge allegations of primordial environmental conduct. These companies’ extensive …


Let’S Pick Up Where We Left Off 25 Years Ago To Expand Access To Civil Justice In Canada, Ab Currie Nov 2020

Let’S Pick Up Where We Left Off 25 Years Ago To Expand Access To Civil Justice In Canada, Ab Currie

Canadian Forum on Civil Justice

The 2020 World Justice Project (WJP) Rule of Law Index ranks Canada 9th overall out of 128 countries on a composite rule of law index made up of 8 factors. In this latest version of the WJP Rule of Law Index Canada ranks 9th on constraints on government powers, 9th on absence of corruption, 9th on open government, 9th on respect for fundamental rights, 9th on order and security, 11th on regulatory enforcement, 10th on criminal justice and, much lower than the other rule of law indicators, 19th globally on civil justice. Canada’s overall score is 0.81 out of 1.00. …


Kelvin Hangandu V Law Association Of Zambia Scz Judgment No. 36 Of 2014, O'Brien Kaaba, Judith Kamoko Nov 2020

Kelvin Hangandu V Law Association Of Zambia Scz Judgment No. 36 Of 2014, O'Brien Kaaba, Judith Kamoko

SAIPAR Case Review

The appellant, Kelvin Hang’andu, had been a member of the Law Association of Zambia (LAZ) since 15 November, 1996, when he was admitted to the Bar. On 24 May 2003, he converted from the Catholic Church to the Seventh Day Adventist (SDA) Church, which considers Saturday as a sacred day set aside for worship and complete abstention from work and other activities unrelated to religious practice. The essence of the appellant’s complaint was that the LAZ held its annual general meetings on Saturday, which was a violation of his religious freedom and discriminatory. His protests to the LAZ yielded no …


Okiya Omtatah Okoiti & 2 Others V Attorney General & 4 Others [2020] Eklr Civil Appeal No 13 & 10 Of 2015, Teddy J.O. Musiga Nov 2020

Okiya Omtatah Okoiti & 2 Others V Attorney General & 4 Others [2020] Eklr Civil Appeal No 13 & 10 Of 2015, Teddy J.O. Musiga

SAIPAR Case Review

Kenya’s Court of Appeal delivered the decision in Okiya Omtata Okoiti & 2 Others v Attorney General & 4 others on the 19th of June, 2020. This decision was an appeal arising from the High Court and it revolved around a dispute regarding the construction of the standard gauge railway in Kenya.


The Rich, Lucas A. Santos Nov 2020

The Rich, Lucas A. Santos

English Department: Research for Change - Wicked Problems in Our World

The rise of the super rich dramatically rose in the 1980’s. The once dominant oil and gas sector was taken over by finance and technology overall. We are able to see a rise of these super rich, or the one percent, and even how quickly they were able to recover from the 2008 Recession. Now, the one percent are making continuous substantial gains in a current world, where a pandemic has struck and many are struggling. I talk about the use of public policy in order to regain this economic gap between the one percent and the rest of the …


Managerial Incentives To Repeatedly Collude: Frequency, Partners And Governance Rules, Catarina Marvao Dr., Chloé Le Coq Nov 2020

Managerial Incentives To Repeatedly Collude: Frequency, Partners And Governance Rules, Catarina Marvao Dr., Chloé Le Coq

Articles

Cartel recidivism has been discovered among many convicted firms and is often perceived as a result of the limited efficiency of competition policy. The incentives for managers to collude have been linked to the firm’s organizational structure, the corporate culture, and the type of executive compensation packages in place.

To the extent that undetected cartels differ from detected ones in relevant dimensions, the current empirical results on illegal cartels are biased. To tackle this issue, we use a novel dataset of a population of cartels, which were legal in Sweden up until 1993. We contribute to the current debate on …


Editor's Note, O'Brien Kaaba Nov 2020

Editor's Note, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.