Law Commons^™

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

Equitable Allocation Of Covid-19 Vaccines: An Analysis Of The Initial Allocation Plans Of Cdc's Jurisdictions With Implications For Disparate Impact Monitoring, Harald Schmidt, Rebecca Weintraub, Michelle A. Williams, Alison Buttenheim, Emily Sadecki, Helen Wu, Lawrence O. Gostin, Angela A. Shen

Georgetown Law Faculty Publications and Other Works

Major global and national vaccine allocation guidelines urge planners to allocate vaccines in ways that recognize, and ideally reduce, existing societal inequities within countries. However, allocation plans of the US will be determined individually by each of the CDC’s 64 jurisdictions (states, the District of Columbia, five cities, and territories). We analyzed whether jurisdictions have incorporated novel approaches to reduce inequity, based on plans published by the CDC in early November 2020 (63 summaries [98% of all jurisdictions] and 47 full guidance documents [73% of all, including all 50 states]).

Eighteen states adopted a novel proposal to use a disadvantage …

Injustice Is An Underlying Condition, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic.

People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of color who live in poverty are even more likely to suffer from poor health; they face a “double burden” of health disparities associated with both racial and socioeconomic marginalization. Neighborhoods with concentrated poverty and with residents who are primarily people of color have even faced a life …

Artificially Low Salaries And Tax Dodging, Hern Kuan Liu, Vincent Ooi

Research Collection Yong Pung How School Of Law

In the recent case of Wee Teng Yau v Comptroller of Income Tax, the Singapore Supreme Court considered the issue of tax avoidance by professionals for the first time. The case involved a dentist, Dr Wee, who was initially employed by Alfred Cheng Orthodontic Clinic Pte Ltd (ACOC). Subsequently, he incorporated Straighten Pte Ltd (SPL), of which he was the sole director and shareholder. Dr Wee continued to provide the same dental services to ACOC's patients as he had done before. However, instead of paying Dr Wee directly for his services, ACOC paid for his services to SPL, which in …

The Use Of Similar Fact In Criminal Proceedings: An Updated Framework, Siyuan Chen

Research Collection Yong Pung How School Of Law

When confronted with the question of whether to admit similiar fact for criminal cases, courts in Singapore are often faced with balancing potentially competing norms in the form of evidential expediency and fairness to the accused. Specifically, although similiar fact may help establish the ingredients of an offence, there existis a real risk that any resulting conviction of the accused and this potential weakness in inferential reasoning through indirect proof will - to use the word in its broadest sense - predjudice the accused.

Form And Substance In Singapore Constitutional And Administrative Law, Kenny Chng

Research Collection Yong Pung How School Of Law

This paper proposes to study constitutional and administrative law in Singapore through the lenses of Atiyah’s and Summers’ concepts of form and substance in order to discern fruitful avenues for the development of Singapore constitutional and administrative law. While the concepts of form and substance in the context of constitutional law are often associated with constitutional interpretation, they can also be fruitfully applied to other areas of constitutional and administrative law to shed light on the potential trajectories of Singapore law. The intent of this paper is to apply Atiyah’s and Summers’ concepts of form and substance to Singapore constitutional …

Mediation And Appropriate Dispute Resolution, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

2019 was a significant year for mediation. On 7 August 2019, 46 states – an unprecedented number – came together in Singapore to sign the United Nations Convention on International Mediated Settlement Agreements Resulting from Mediation (“Singapore Convention”). The Convention, which comes into force on 12 September 2020, provides a legal framework for the recognition and enforcement of mediated settlement agreements across borders and thereby addresses one of the major criticisms of international mediation, namely, the lack of an internationally recognised expedited enforcement mechanism. The Singapore Convention aims to be for mediation what the Convention on the Recognition and Enforcement …

Seven Keys To Unlock Mediation’S Golden Age: The Introduction, Nadja Alexander, Lela P. Love

Research Collection Yong Pung How School Of Law

Mediate.com has published a series of peer reviewed articles under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage. Each key has between two and four articles, each no more than 1,200 words in length, contributed by some 40 leading authors around the world. Professors Nadja Alexander and Lela P. Love introduce the series with “Imagine.” The Seven Keys articles portray a variety of images and understandings of mediation. …

International Moots And The Demands Of Modern Legal Practice: Relooking The Role Of Firms, Siyuan Chen

Research Collection Yong Pung How School Of Law

The demands of modern legal practice are such that the young law graduate is expected to be as practice-prepared as possible right off the bat: able to analyse, research, draft, write, advise, and even advocate on complex issues that do not always present clear demarcations in doctrines, jurisdictions, and cultures – and this is without mentioning other important soft skills required to thrive in practice. International moot competitions used to be the main means to bridge the school-versus-practice and theory-versus-application divides, but that landscape has transformed radically in the past decade. Considering too the competitiveness of the legal market today …

The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser

Research Collection Yong Pung How School Of Law

For much of the European integration process, local authorities have been on the legal margins. Yet many amongst this group, and cities in particular, consider themselves as important players in realising the Union’s overarching policy objectives. This view is slowly but surely fi nding traction with the EU’s political institutions. This article suggests that the future architecture of the European Union’s (EU’s) operating system will evince a rapprochement between the socio-economic clout of local authorities, notably cities, and their legal-political recognition at Union level. It further suggests that there is room for greater conceptual clarity along two lines when interrogating …

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …

Complex Societies And The Growth Of The Law, Daniel Martin Katz, Corinna Coupette, Janis Beckedorf, Dirk Hartung

Research Collection Yong Pung How School Of Law

While many informal factors influence how people interact, modern societies rely upon law as a primary mechanism to formally control human behaviour. How legal rules impact societal development depends on the interplay between two types of actors: the people who create the rules and the people to which the rules potentially apply. We hypothesise that an increasingly diverse and interconnected society might create increasingly diverse and interconnected rules, and assert that legal networks provide a useful lens through which to observe the interaction between law and society. To evaluate these propositions, we present a novel and generalizable model of statutory …

Populist Nationalism Threatens Health And Human Rights In The Covid-19 Response, Caitlin R. Williams, Jocelyn Getgen Kestenbaum, Benjamin Mason Meier

Articles

COVID-19 demands international cooperation, yet populist nationalism is resurgent, threatening public health, human rights, and global governance. In responding to the pandemic, populist nationalism and global solidarity represent distinct paths, with enduring consequences for health and human rights.

Museum Exhibits Or Ill-Gotten Gains: A Legal And Philosophical Look At Cultural Property Law, Anthony E. Gambino

Fordham Undergraduate Law Review

The foundation of cultural property laws was laid at the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The convention, which usually revolved around the discussions on former laws of warfare, had to switch gears to respond to the Nazi’s new tactic of intentionally stealing or destroying cultural property as a means to demoralize the enemy. The convention’s focus was inclusivity, which defined cultural property as any “movable or immovable property of great importance to the cultural heritage of every people.”

However, that overly simplistic definition that intended to serve as a source of …

The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

A Constitutional Right To A Functioning United States Government? Are Government Shutdowns Unconstitutional?, Allen Shoenberger

Brigham Young University Journal of Public Law

No abstract provided.

Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness

Brigham Young University Journal of Public Law

No abstract provided.

Extending Nepa To Disaster Mitigation, Kevin Alden

Brigham Young University Journal of Public Law

No abstract provided.

The Relationship Between Social Innovation And Active Mobility Public Services, Silvia Stuchi Cruz, Sonia Paulino

Journal of Law and Mobility

This article aims to discuss the relationship between social innovation and public services on active mobility. Two active mobility initiatives are considered in the city of São Paulo, and analyzed based on 11 variables that characterize social innovation. Through the mapping of recent Brazilian regulatory frameworks for active mobility and a low-carbon economy, we can propose the following relationship: the more local (municipal) the public policy, the greater its social influence and participation. However, despite the advances indicated by both experiences of active mobility analyzed (highlighting the role of organized civil society), and by the progress in the regulatory framework, …

International Law And The Legalization Of Abortion In Northern Ireland, Emily Uterhark

Journal of Law and Health

On July 24, 2019, the Parliament of the United Kingdom passed an act that included an amendment requiring Northern Ireland to implement recommendations from the Committee on the Elimination on Discrimination Against Women. The amendment required Northern Ireland to repeal the 1861 abortion act and requires the decriminalization of abortion. The law went into effect on October 22, 2019, since the Northern Ireland power-sharing government (Stormont) did not reconvene before October 21, 2019. Since the law did go into effect, it gave women the right to obtain abortions under the CEDAW recommendations; however, when the Northern Irish government (Stormont) reconvenes, …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Right To Unmarry: A Proposal, Brian L. Frye, Maybell Romero

Cleveland State Law Review

When I say I’m in love, you better believe I’m in love, L-U-V.

[April 2, 2020] BLF: This is a marriage proposal in the form of a law review article. In this Article, I observe that Maybell Romero and I are in love. I want to marry her, and I believe she wants to marry me. At least I’ll find out pretty soon. But we cannot marry each other right now, because we are both currently married to other people. Maybell and I want to end our existing marriages, and our respective spouses have even agreed to divorce. But the …

The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker

Cleveland State Law Review

Courts routinely choose to explicitly dismiss arguments and issues raised by parties, regardless of their merit, based on unexplained determinations that the briefing was bad. This practice, which I call abandonment by poor presentation, is sometimes justified by practicality, by pointing to federal and local rules, by waiver and forfeiture doctrines, and by the norm of party presentation. None of these justifications hold water. I contend that the real reason judges find abandonment by poor presentation is agenda control: judges rely on the practice as a means of retaining control over how they decide cases. This unexplained, poorly justified, and …

No Longer Innocent Until Proven Guilty: How Ohio Violates The Fourth Amendment Through Familial Dna Searches Of Felony Arrestees, Jordan Mason

Cleveland State Law Review

In 2013, the United States Supreme Court legalized DNA collection of all felony arrestees upon arrest through its decision in Maryland v. King. Since then, the State of Ohio has broadened the use of arrestee DNA by subjecting it to familial DNA searches. Ohio’s practice of conducting familial DNA searches of arrestee DNA violates the Fourth Amendment because arrestees have a reasonable expectation of privacy in the information that is extracted from a familial DNA search and it fails both the totality of the circumstances and the special needs tests. Further, these tests go against the intention of the …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Week Of November 30, 2020 - December 4, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Kilpatrick Townsend & Stockton LLP