Law Commons^™

For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance

Touro Law Review

No abstract provided.

Gun Control: Republican Views For Common Ground, Ruth Yazmin Molina

Walden Dissertations and Doctoral Studies

AbstractPublic and political opinion regarding gun regulation in the United States are sharply split across the political divide. The purpose of this research was to determine the common ground among the Republican Party supporters concerning gun control legislations in the United States. The frame for the study poised into determining in what ways does an affiliation to the Republican Party influence a supporters’ views on state and federal gun laws and if members of the Republican Party believe that a common ground may exist with Democrats for passable gun control legislation. Partisan motivated reasoning theory was used to frame the …

Table Of Contents

Touro Law Review

No abstract provided.

Rethinking Appeals, Uri Weiss

Touro Law Review

This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …

Protest Art And Copyright Law: Weaponizing Intellectual Property Against Systemic Inequality And Social Injustice, Alina Ladyzhinskaya

Touro Law Review

The death of George Floyd ignited a powerful modern-day Civil Rights movement that spread across the globe. While some protesters took to the streets to demand change, creators amplified the message of hope and unity through protest street art. Murals of police brutality victims like George Floyd, Breonna Taylor, and Ahmaud Arbery, among many others, appeared in most large cities in the United States and were widely spread on social media. From cave art to modern protest street art, graffiti continues to be a generational medium of expression of the human experience. However, while a handful of artists like Banksy, …

Keeping The Lights On Through Dark Times: How Subchapter V Bankruptcy Should Protect Small Businesses Decimated By The Pandemic, Daniel Lebrun

Touro Law Review

Small to mid-market, independent businesses are at the heart of our economy and play a pivotal role in job creation. While it’s estimated by the House of Representatives that these companies account for over half of overall U.S. employment, they have been traditionally underserved in bankruptcy law. Historically, the resources necessary to complete a chapter 11 bankruptcy are not within reach for these small to mid-market businesses. Passed in 2019, the Small Business Reorganization Act has modified the Bankruptcy Code to provide new avenues for these small businesses in need. Impactful in its own right, it has emerged as a …

Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro

Touro Law Review

Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …

Slapps Across America, Jack Toscano

Touro Law Review

The Supreme Court’s landmark decision in New York Times v. Sullivan was meant to protect our fundamental right to free speech from defamation lawsuits. However, Strategic Lawsuits Against Public Participation, known as SLAPPS, continue to chill free speech through weak but expensive to defend defamation lawsuits. In response to SLAPPs many states have passed anti-SLAPP statutes that are meant to identify SLAPPs, quickly dismiss SLAPPS, and punish plaintiffs who bring SLAPPs. A difficult issue for federal courts throughout the country is whether these state anti-SLAPP statutes should apply in federal courts. This Note examines the Supreme Court opinions in Shady …

Genetic Villains, Alexandra L. Foulkes

South Carolina Law Review

No abstract provided.

Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic

South Carolina Law Review

No abstract provided.

The Dangers Of Free Speech In The Modern World, Katie Yoak

Williams Honors College, Honors Research Projects

In our modern day individuals often feel safe being able to say whatever they want from behind a computer. The ability to say whatever we want online has both positive and negative effects. This digital form of communication can bring out both the best and worst in us. Many people in our modern age take this technology and use it to engage in aggressive behavior that may not normally occur or be seen by as many people. In this modern day of internet aggression I wish to explore how the ability to speak freely online and through social media services …

If You Build It, Will They Come? An Empirical Study Of The Voluntary Use Of Mediation And Its Implications, Dwight Golann

Cardozo Journal of Conflict Resolution

A generation ago, American litigants did not often go to mediation voluntarily. Advocates of the process predicted, however, that as lawyers and parties became more familiar with mediation, they would opt to use it more often. But, is this true? Virtually no data exists about how often litigants voluntarily choose to mediate legal disputes, whether use varies in different kinds of cases, and what motivates litigants' decisions whether to mediate or not. This Article presents data about each of these issues and analyzes its meaning.

Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice, Heather Heavin, Michaela Keet

Cardozo Journal of Conflict Resolution

For the lawyer-client relationship to work effectively, lawyers need to provide clients with competent, understandable, and relevant legal advice. This proposition is so central to the lawyer's role that it is difficult to challenge. Yet, we suggest, this proposition belies the complexity of the responsibility, given the decision-making process that clients are going through (or should be going through) when deciding to litigate or to settle through negotiation or mediation. The educational literature contains much advice for lawyers on the benefits of dispute resolution processes, how to select and navigate through them, but much less on how lawyers should guide …

The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo

Cardozo Journal of Conflict Resolution

The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 22, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

But Is It Good: The Need To Measure, Assess, And Report On Court-Connected Adr, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

We know that very few civil matters reach disposition through trial-but what do we really know about how civil cases DO reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected "alternative" dispute resolution (ADR)? Do we know enough about the results of court-connected ADR to be able to detect potential patterns of systemic discrimination? This Article examines what we know from federal and state court systems' public reporting and finds: 1) only a minority of federal district courts and state court systems report regarding dispositions through settlement; 2) there …

Reimagining Adr In New York Courts, Edwina G. Mendelson, Diana Colón, Thomas V. O'Neill

Cardozo Journal of Conflict Resolution

In March 2020, the COVID-19 pandemic made a swift and devastating impact in New York State. Virtually all of life's routines-working, socializing, commuting-were affected, subject to mask mandates, strictly reduced occupational capacities, and widespread working from home for those fortunate to do so. The state court system was no exception to the pandemic's reach. Constitutional guarantees and the preservation of essential legal rights necessitated that the courts always remain available to court users, but the protection of public health mandated that court processes that were traditionally conducted in-person could only remain operational by adapting those processes to new virtual formats.

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

Providing Relief After A Natural Disaster Through Credit Reports, Katherine Wecker

Seattle University Law Review

The COVID-19 pandemic forced the world to re-think systems that have been in place for decades, quickly adapting—at least temporarily— to the new normal. Among those systems was the credit reporting system. In response to the pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act; an act that, among other things, amends the Fair Credit Reporting Act in regard to how credit reporting agencies should respond to delinquencies resulting from the pandemic.

This Note argues that to adapt to the increasing occurrence of natural disasters, the U.S. government must implement a system in which a consumer can …

Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella

Seattle University Law Review

One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …

Is The Irish Immigration Policy Delivering The Best For Its Economy Through Its Non-Eu Dependent Immigrants. An Empirical Study, Pai M.J Arjun

Masters

The Emerald Isle is fast becoming the next big hotspot for highly skilled migrants aspiring to relocate to the last English-speaking nation within the European Union [EU]. The transition from the state of being an emigrant country to an immigrant nation poses complex opportunities for the country, its people, and the immigrants who relocate in making Ireland their home. Despite a consistent inflow of skilled immigrants migrating into the country since the last few decades, policy reforms adopted in Ireland towards dependent immigrants remain reactive, lacks the backing of studies in evaluating the utilization of available skilled dependent immigrants in …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 16 (2021).

Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell

Intercultural Human Rights Law Review

This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.

The (Joseph) Stories Of Newmyer And Cover: Hero Or Tragedy?, Jed H. Shugerman

Faculty Scholarship

Kent Newmyer’s classics Supreme Court Justice Joseph Story: Statesman of the Old Republic and John Marshall and the Heroic Age of the Supreme Court are important stories about the architects and heroes of the rule of law in America. In Newmyer’s account, Story played a crucial role preserving the republic and building a legal nation out of rival states, and Newmyer’s Story is fundamentally important for students of American history. But in Robert Cover’s account in Justice Accused on northern judges’ deference to slavery, Story is an anti-hero. Sometimes Story stayed silent. In Prigg v. Pennsylvania, Story overvalued formalistic comity. …

No Name, Lawrence M. Friedman

SMU Law Review

No abstract provided.

“A World Of Difference”? Law Enforcement, Genetic Data, And The Fourth Amendment, James W. Hazel, Christopher Slobogin

Duke Law Journal

Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene DNA with DNA profiles in a database in an attempt to identify a suspect or a family member of a suspect. Neither of these efforts implicates the Fourth Amendment, because the Supreme Court has held that a Fourth Amendment “search” does not occur unless police infringe “expectations of privacy society is prepared to recognize as reasonable” and has construed that phrase narrowly, without reference to …

Unbalanced: The Case For Removing Title Ix’S Private College Admissions Exemption, Katie Lew

Duke Law Journal

Title IX prohibits any federally funded educational program from discriminating on the basis of sex—except when it comes to private undergraduate admissions decisions. This exemption is the result of lobbying during the 1970s by private colleges that resisted being subject to Title IX out of concern that admitting more women would lower their academic standards, hurt future alumni contributions, and deprive them of the ability to choose the ratio of male to female students. However, nearly fifty years later, the exemption is having unforeseen consequences as many private liberal arts colleges are using their exemption to give admissions preference to …

Journal Staff

Duke Law Journal

No abstract provided.

Pay To Play? Campaign Finance And The Incentive Gap In The Sixth Amendment’S Right To Counsel, Neel U. Sukhatme, Jay Jenkins

Duke Law Journal

For nearly sixty years, the U.S. Supreme Court has affirmed that the Sixth Amendment to the U.S. Constitution guarantees felony defendants the right to counsel, regardless of their ability to pay. Yet nearly all criminal procedure scholars agree that indigent defense as practiced today falls far short of its initial promise. These scholars frequently cite a lack of political support, insufficient public funding, and a failure to address instances of inadequate legal representation, among other things, as causes for the underlying systemic dysfunction.

This Article contends that these conventional critiques are incomplete. Rather, indigent defense systems often fail due to …

The Rise Of Decentralized Autonomous Organizations: Opportunities And Challenges, Aaron J. Wright

Articles

The article explores the rise of Decentralized Autonomous Organizations (DAOs), highlighting their potential to transform traditional organizational structures through blockchain technology and smart contracts. DAOs offer operational efficiencies, such as decentralized governance and transparent decision-making, but face significant legal challenges, including lack of recognition, liability concerns, and regulatory uncertainties. The article argues that U.S. business law, with its emphasis on private ordering, could accommodate DAOs, but legal adaptations are necessary to address their unique characteristics and ensure widespread adoption.