Law Commons^™

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.

The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.

Improving Cooperative State And Federal Species Conservation Efforts, Temple Stoellinger, Michael Brennan, Sara Brodnax, Ya-Wei Li, Murray Feldman, Bob Budd

Wyoming Law Review

No abstract provided.

Between A Rock And A Hard Place: The Wyoming Supreme Court's Approach To Arrestees Taking Controlled Substances Into Jails; Barrera V. State, 2017 Wy 123, 403 P.3d 1025 (Wyo. 2017), Talise Hansen

Wyoming Law Review

No abstract provided.

Requiem For The Sliding Scale: The Quiet Ascent - And Slow Death - Of The Tenth Circuit's Peculiar Approach To Qualified Immunity, Mark D. Standridge

Wyoming Law Review

No abstract provided.

The Historical Justification For Prohibiting Dangerous Persons From Possessing Arms, Joseph G.S. Greenlee

Wyoming Law Review

No abstract provided.

$11 Billion For What?! Incarcerated Organizers With No New Jails Nyc Explain How To Shut Down Rikers Without Building New Jails, Osha Oneeka Daya Brown, Lee Doane, Sterling Fleming, Hakim Trent, Jeremy Valerio, Outside Organizers With No New Jails Nyc

City University of New York Law Review

No abstract provided.

Traumatized To Death: The Cumulative Effects Of Serial Parole Denials, Richard Rivera

City University of New York Law Review

Content warning: discussion of suicide. If you are thinking about suicide, please call the National Suicide Prevention Lifeline at 800-273-TALK (8255).

The Impact Of The #Metoo Movement On Defamation Claims Against Survivors, Shaina Weisbrot

City University of New York Law Review

The #MeToo movement encouraged a collective public sharing of abuse and harassment, with some survivors identifying the individuals that caused them harm. Where accusations increased, defamation lawsuits quickly followed, raising questions about how survivors can share their stories and remain protected legally from the person or institution that harmed them. In anticipation of these claims, this article offers a roadmap for survivors and their advocates to consider when assessing the risk of a lawsuit or in preparation of their defense. It examines past and present defamation claims against gender-based violence survivors to assess the viability of their legal strategies for …

Masthead

Saint Louis University Law Journal

No abstract provided.

Data Battles, Platform Shutdowns, And Digital Rights In Surveillance: Labor Politics In The Online Sex Industry, Winifred R. Poster

Saint Louis University Law Journal

Sex workers are often portrayed as groups with little authority over their jobs. But lately they are making much use of online spaces, both large scale public-facing platforms and their own smaller websites. Taking a deeper ethnographic look into their online activities, I recount a story of highly adept, technologically proficient, and expert digital navigation by sex workers online.

The analysis follows the trajectory of platforms in the online sex industry over the last two decades. First it charts the rise of platforms for matching, reviewing, and identity verification, many of which developed roughly around the 2000s, and their impact …

Species Conservation & Recovery Through Adequate Regulatory Mechanisms, Sandra B. Zellmer, Sam J. Panarella, Oliver Finn Wood

Faculty Journal Articles & Other Writings

The world is experiencing its sixth episode of mass extinction of life. In rhetoric typically used by bloggers rather than scientists, the National Academy of Sciences reports that this "biological annihilation" is more dire than previously believed,' and that the decimation of biodiversity and of the ecosystem services resulting from it is nothing less than a "frightening assault on the foundations of human civilization."2

Unlike previous episodes of mass extinction, this one is caused by human overpopulation, overconsumption, and anthropogenic climate change. The United States has been a world conservation leader for over a century, but its commitment to supporting …

Book Review, Terje Einarsen & Joseph Rikhof, A Theory Of Punishable Participation In Universal Crimes (2018), Mark A. Drumbl, Lauren Hancock

Scholarly Articles

In A Theory of Punishable Participation in Universal Crimes, Terje Einarsen and Joseph Rikhof unpack concepts of liability for individual contributions to universal crimes. Universal crimes – namely genocide, crimes against humanity, war crimes, and acts of aggression – tend to occur when a state or another powerful organization (a non-state actor, for example) collectivizes and channels the involvement of many people to commit the crime. The people who execute the acts are rarely ever the people who coordinate them. This disjuncture renders participation difficult to define and punish – individual acts may elide conventional legal intelligibility. Consequently, only …

Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano

American University Law Review

No abstract provided.

2019 Trademark Law Decisions Of The Federal Circuit, Stephanie H. Bald, Sara Copeland Parker

American University Law Review

No abstract provided.

The Decline And Fall Of Circumstantial Evidence In Antitrust Law, Christopher R. Leslie

American University Law Review

No abstract provided.

A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga

American University Law Review

The legal standard for authenticating photographic and video evidence in court has remained largely static throughout the evolution of media technology in the twentieth century. The advent of “deepfakes,” or fake videos created using artificial intelligence programming, renders outdated many of the assumptions that the Federal Rules of Evidence are built upon.

Rule 901(b)(1) provides a means to authenticate evidence through the testimony of a “witness with knowledge.” Courts commonly admit photographic and video evidence by using the “fair and accurate portrayal” standard to meet this Rule’s intent. This standard sets an extremely low bar—the witness need only testify that …

Strengthening American War Crimes Accountability, Geoffrey S. Corn, Rachel E. Vanlandingham

American University Law Review

The United States needs to improve accountability for its service members’ war crimes. President Donald J. Trump dangerously intensified a growing national misunderstanding regarding the critical nexus between compliance with the laws of war and the health and efficacy of the U.S. military. This Article pushes back against such confusion by demonstrating why compliance with the laws of war, and accountability for violations of these laws, together constitute vital duties owed to our women and men in uniform.

This Article reveals that part of the fog of war surrounding criminal accountability for American war crimes is due to structural defects …

The Aftermath Of Takings, Shelley Ross Saxer

American University Law Review

American society will face monumental challenges as we confront crumbling infrastructure, new technologies, and climate change adaptation. Eminent domain is a powerful tool that necessarily impacts local communities when used for infrastructure such as roads, mass transit, pipelines, the electrical grid, and border walls. We will likely need to rely on both public and private eminent domain to redevelop neighborhoods and make our communities more resilient to climate change by adapting land uses to rising sea levels, drought, wildfires, and severe weather events.

The Sherman Act Is A No-Fault Monopolization Statute: A Textualist Demonstration, Robert H. Lande, Richard O. Zerbe

American University Law Review

The drafters of the Sherman Act originally designed Section 2 to impose sanctions on all monopolies and attempts to monopolize, regardless whether the firm had engaged in anticompetitive conduct. This conclusion emerges from the first ever textualist analysis of the language in the statute, a form of interpretation originally performed only by Justice Scalia but now increasingly used by the Supreme Court, including in its recent Bostock decision.

Following Scalia’s methodology, this Article analyzes contemporaneous dictionaries, legal treatises, and cases and demonstrates that when the Sherman Act was passed, the word “monopolize” simply meant that someone had acquired a monopoly. …

Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia, Margaret Smiley Chavez

American University Law Review

In the interest of the children in the Philadelphia foster care system, the City of Philadelphia prohibits its contracting foster care agencies from discriminating against prospective foster care parents on account of race, religion, and sexual orientation, among other things. Despite this requirement, in 2018, two foster care agencies—Catholic Social Services (CSS) and Bethany Christian Services— that have annual contracts with Philadelphia refused to certify same-sex couples as foster parents for religious reasons. While Bethany Christian Services reached an agreement with the city, CSS did not. As a result, the city froze foster care placement referrals to CSS and did …

Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii

Marquette Sports Law Review

None

Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

Marquette Sports Law Review

None

Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito

Marquette Sports Law Review

No abstract provided.

The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Alexandra Zdunek, Andrew Guzek

Marquette Sports Law Review

No abstract provided.

Kompetencat E Komunave Dhe Krahasimi I Tyre Me Kompetencat E Disa Shteteve Të Rajonit, Burim Sllamniku

Theses and Dissertations

Ky punim i diplomës ka si qëllim të shtjelloj kompetencat e komunave në Republikën e Kosovës, pastaj krahason legjislacionin bazë që rregullonete kompetencat e komunave gjatë periudhës së administrimit të Kosoves nga UNMIK-u, periudhës së bashkëqeverisjes nga UNMIK-u dhe Institucionet e Përkoshme të Vetqeverisjes si dhe legjislacionin aktual pas periudhës pas Pavarsisë së Kosovës, pastaj bënë krahasimin në pika të përgjithshme të kompetencave të komunave në Republiken e Kosovës me vende të rajonit (Shqipërisë, Maqedonisë, Malit të Zi, si dhe Sllovenisë).

Me fjalë të tjera, mund të thuhet se qeverisja lokale promovon kulturën demokratike të shtetit por edhe asaj pjese …

Regjistrimi I Pronës - Kadastri, Mihane Salihu

Theses and Dissertations

Çështja e cila do të trajtohet në këtë punim, është regjistrimi i pronës. Pronësia e tokës është me rëndësi për strukturat e ndryshme, qoftë ato shoqërore, politike apo ekonomike. Sigurimi i pronës është përgjegjësi e shtetit, ndërsa regjistrimi i pronës zbatohet nga Zyra Komunale Kadastrale. Shfrytëzimi dhe posedimi i pronës, mënyrat e transferimit të të drejtave pronësore, regjistrimi i pronarëve të ri, regjistrimi i hipotekave dhe ngarkesave tjera është i garantuar me ligjet në fuqi të Republikës së Kosovës. Në vendin tonë ekzistojnë dy mënyra të regjistrimit të drejtave pronësore, regjistrimi sistematik dhe regjistrimi sporadik.

“Rindërtimi i Kadastrit dhe i …

Business Associations, Stuart E. Walker

Mercer Law Review

This Article surveys a handful of noteworthy cases involving corporations and limited liability companies decided by the Georgia Supreme Court and the Georgia Court of Appeals between June 1, 2018 and May 31, 2019.