Law Commons^™

A Study Of Water Use By Casinos In Las Vegas, Nevada: The Transformation Of A Desert Into An Oasis, Sam Bruketta

UNLV Gaming Law Journal

No abstract provided.

The Feminizing Of The Nevada Gaming Industry - Conditions And Consequences, Abigail Stanley

UNLV Gaming Law Journal

No abstract provided.

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand what …

Open Access: An Analysis Of Publisher Copyright And Licensing Policies In Europe, 2020, Chris Morrison, Jane Secker, Brigitte Vézina,, Ignasi Labastida I Juan, Vanessa Proudman

Copyright, Fair Use, Scholarly Communication, etc.

This report investigates the copyright retention policy amongst publishers, self-archiving policies and records publisher policies on open licensing, also as relating to the Plan S requirements on rights and licensing. It should be understood as a snapshot in time informing on the current policy status. It also provides policy development guidance to funders, institutions, publishers and their authors for positive change towards immediate OA.

Over the past decade, Europe has seen a significant growth in activity to establish and advance Open Access (OA) policies, this includes the relatively recent formation of the funder coalition, cOAlition S, and its Plan S …

Covid-19 And Us Tax Policy: What Needs To Change?, Reuven Avi-Yonah

Articles

The COVID-19 Pandemic already feels like a historical turning point akin to Word Wars I and II and the Great Depression. It may signal the end of the second period of globalization (1980-2020) and a change in the relative positions of the US and China. It could also lead in the US to significant changes in tax policy designed to bolster the social safety net which was revealed as very porous during the pandemic. In what follows I will first discuss some short-term effects of the pandemic and then some potential longer-term effects on US tax policy.

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli

Faculty Scholarship

This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

Faculty Publications

Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.

A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Development And Validation Of A Multidimensional Scale For Measuring Public Confidence In The Criminal Justice System, Jimin Pyo

Dissertations, Theses, and Capstone Projects

Two studies were conducted with an aim of developing multidimensional measures of public confidence that are conceptually integrated, psychometrically sound, and useful in predicting individuals’ law related behaviors. Study 1 involves two-phased construction of scale in which a preliminary inventory was generated (Phase 1) and then finalized after evaluating psychometric properties based on 304 US adults recruited through Amazon’s Mechanical Turk (MTurk) (Phase 2). As a result, six multidimensional scales were constructed respectively for measuring efficiency-, finality-, fairness-, strictness-, accuracy-, and transparency-oriented confidence. Despite more complexity of factor structures than originally expected, results of psychometric evaluation six scales of confidence …

Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon

Dissertations, Theses, and Capstone Projects

Rigorous academic research into prosecutorial and judicial decision making has been taking place for over three decades, but a great deal remains unknown about the mechanics of prosecution. A majority of the work done by prosecutors occurs outside of public view, and most research focuses on the ‘back end’ of the adjudication process, leaving unanalyzed numerous decision points made upstream of the final plea and sentencing outcomes. Using unique data from the New York County District Attorney’s Office that tracks 43,971 felony complaints, this research examines racial and ethnic disparity at multiple decision points during case processing, with a focus …

Black Parental Involvement In A Suburban School District, Walter L. Fields

Dissertations, Theses, and Capstone Projects

Since the historic decision of the United States Supreme Court in Brown v. Board of Education in 1954, Black parents in the United States have been in a continual search for public school districts in which their children would receive an education that would allow them to be productive citizens and economically self-sufficient. From the period of the Great Migration to present day, the movement of Blacks in America has been driven by a quest for opportunity. Black parents have made tremendous sacrifices in the hope of securing a good education for their children, including movement away from families, longtime …

Wrongful Conviction Documentaries: Influences Of Crime Media Exposure On Mock Juror Decision-Making, Patricia Y. Sanchez

Dissertations, Theses, and Capstone Projects

Psychology and law researchers have urged colleagues to collaborate with the makers of popular media, such as documentary filmmakers, in efforts to educate the general public about wrongful convictions (Kassin, 2017; Wells et al., 2000). Recently, programs depicting wrongful convictions, such as Making a Murderer (Demos & Ricciardi, 2015) and When They See Us (DuVernay, 2019) have garnered substantial viewership. Research on general and case-specific pretrial publicity (Daftary-Kapur et al., 2014; Kovera, 2002) and the effects of crime media (Baskin & Sommers, 2010; Schweitzer & Saks, 2007) demonstrate that although consuming crime-related media and being exposed to information about a …

Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.

A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao

Research Collection Yong Pung How School Of Law

China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understanding, contracts, and trade and investment treaties, supported by an indigenous innovation policy that is transnational in its reach. In this way, China could create a vast, Sino-centric, legal order in which the Chinese state plays the nodal role. It is a hub and spokes model, with China at the hub. In this article, we first examine China’s export of an infrastructure-based development model, implemented through Chinese state-owned and private enterprise investments and commercial contracts (Part B), …

Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh

Research Collection Yong Pung How School Of Law

In our previous note: Cryptocurrencies and Code before the Courts ((2019) 30(3) King’s Law Journal 331 - 337), we discussed the Singapore International Commercial Court (High Court)’s decision in B2C2 Ltd v Quoine Pte Ltd. The case subsequently went on appeal, and the Singapore International Commercial Court (Court of Appeal), by a majority, affirmed the decision of the lower court in Quoine v B2C2 (“Quoine”). The case of Quoine represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software. In our recent case note: Rethinking Mistake …

Revisiting The Precedential Status Of Crown Court Decisions, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

The binding authority of substantive decisions made by the Crown Court in the exercise of its criminal jurisdiction is often assumed to be negligible. In 2013, the Court of Appeal appeared to confirm the correctness of that assumption. Yet there was little in the way of explanation or case law that was cited in support by the court. This article suggests that a re-evaluation of the place and treatment of such decisions within the doctrine of precedent is overdue, and considers that they should be recognised to have some binding effect if there is able to be established a reasonably …

Online Advocacy: Views From A Moot Coach, Siyuan Chen

Research Collection Yong Pung How School Of Law

Taking part in an international moot court competition can be one of the most exciting things a law student can do. Months are spent bunkering down with team mates and coaches analysing, researching, producing written submissions on a wide range of issues that seldom have obvious answers; more months are spent refining the oral submissions before they are presented to the judges at the competition. Mooters never had to grapple with the prospect of presenting the arguments using an online platform. The most recent coronavirus changes that. In this piece, I identify some of the issues and drawbacks of making …

Tax Implications Of Covid-19 In Singapore, Vincent Ooi

Research Collection Yong Pung How School Of Law

As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been …

The Year Of Covid-19: Personal Reflections On How Traditional Pedagogy Can Be Informed By Online Teaching Methods (Aka How I Changed My Mind About Online Teaching), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Reflections on lessons learnt during online teaching during COVID-19. Despite the difficulties of the term, I realized that online teaching had certain strengths that traditional face-to-face teaching formats lacked. This started me on the path to adapting online teaching practices to improve our current modes of teaching, such as using online tools to improve interactivity, and reduce bias in interacting with students. I also started reconsidering whether our traditional classroom structures are indeed the best way to teach. While my experiences are based on teaching law, I believe that these points are also applicable to teaching in other disciplines.

Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu

Research Collection Yong Pung How School Of Law

This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.

Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political …

The Value Of Insolvency Law In The Covid‐19 Crisis, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic not only has generated a social, humanitarian and public health crisis but it has also led to the worst recession the world’s economy has experienced since the Great Depression.283 As a response to the economic challenges generated by the COVID-19 crisis, many countries are responding with a variety of legal and economic measures that seek to support businesses, employees, and households

Covid‐19 And The Spotlight On Stakeholderism, Pearlie Koh

Research Collection Yong Pung How School Of Law

The global disrupter that is COVID-19 has profoundly impacted human life on earth. Lives and livelihoods have been lost. But even for those amongst us fortunate enough to escape such calamity, significant adjustments have had to be made to the ways in which we live, play and work. As the United Nations noted, “[t]his is much more than a health crisis. It is a human, economic and social crisis. The coronavirus disease … is attacking societies at their core”.

Can International Economic Agreements Combat Covid‐19?, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has significantly disrupted the international economic order. According to the World Trade Organization (WTO), the unprecedented health crisis may sink global trade by 32% in 2020.236 As an island state highly dependent on trade, Singapore is expected to encounter a 5.8% contraction in gross domestic product, marking its “worst recession since independence.”237 The number of confirmed COVID-19 cases in Singapore surpassed the 45,000 mark on July 7, 2020.238 Most cases have occurred in foreign worker dormitories, whereas the spread of the disease in the rest of the community has been limited. To gradually resume economic activities and …

Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …

Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.

Private Liability For Public Health, Jerrold Soh

Research Collection Yong Pung How School Of Law

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …

Reflections On The Use Of Facial Recognition Technology During Covid-19, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

During the COVID-10 pandemic, infected persons have been quarantined in segregated facilities. Individuals who have been in contact with the infected persons may be subject to self-isolation measures or stay-home notices. Technological tools such as proximity and contact tracing apps are used to identify those who have been in close contact with infected persons. The contact tracing QR code used in Singapore's SafeEntry requires the submission of personal information (including names and identification numbers) prior to entry into certain public places such as malls, factories and restaurants. Robots, in addition to designated human officers, have been delpoyed to maintain social …

The Year Of Covid-19: Personal Reflections On How Traditional Pedagogy Can Be Informed By Online Teaching Methods (Aka How I Changed My Mind About Online Teaching), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Reflections on lessons learnt during online teaching during COVID-19. Despite the difficulties of the term, I realized that online teaching had certain strengths that traditional face-to-face teaching formats lacked. This started me on the path to adapting online teaching practices to improve our current modes of teaching, such as using online tools to improve interactivity, and reduce bias in interacting with students. I also started reconsidering whether our traditional classroom structures are indeed the best way to teach. While my experiences are based on teaching law, I believe that these points are also applicable to teaching in other disciplines.