Law Commons^™

Department Of Managed Health Care, William Espinosa, Hunter W. Collins, Yusra Serhan, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mackenzie Mccoy, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Clinic In Support Of Plaintiffs-Appellants, John A. Meiser, Francesca Genova Matozzo

Court Briefs

No. 22-11674
Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama

Appeal from the United States District Court for the Southern District of Alabama No. 1:16-cv-00395

From the Summary of the Argument

This Court already corrected the district court’s errant understanding of RLUIPA’s substantial-burden analysis once in this case. Unfortunately, a second correction is needed now.

In Thai Meditation Association’s first appeal, this Court explained that “the district court misread our opinion in Midrash” and, as a consequence, had erroneously required the Association to show that the government “completely prevent[ed]” its religious exercise in order to demonstrate …

Europe And The Federal Conceit, Paul Linden-Retek

Book Reviews

Reviewing The constitutional theory of the federation and the European Union, by Signe Rehling Larsen.

Crisis can obscure and confuse. The past decade’s tribulations of the European Union and its structures of governance have left theorists grappling to comprehend the precise terms of Europe’s political and constitutional transformation. But crisis also can occasion a return to first principles—often those forgotten or themselves obscured by political transformations—that clarify thinking about political form and might even illuminate the contours of crisis itself. This is what Signe Rehling Larsen has done in her remarkable book on federation and European Union. In what follows, …

Committee Of Bar Examiners, James Lanham, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Hamdy M. Masri, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Frannie Winters, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez

Qualitative Criminology (QC)

"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …

"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé

Qualitative Criminology (QC)

"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and …

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

International Law Studies

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …

The Changing Landscape Of Intermediary Liability For E-Commerce Platforms: Emergence Of A New Regime, Vasundhara Majithia

Indian Journal of Law and Technology

As India becomes the fastest growing market for e-commerce in the world, it is also grappling with the issue of proliferation of counterfeits on e-commerce portals. India’s judicial system has awakened to this predicament and in a spate of judgements, has sought to evolve a mechanism balancing the rights of e-commerce platforms as intermediaries via-a-vis the rights of brand owners and public interest at large. This article explores the evolution of intermediary liability in India by examining its legal framework, as well as the jurisprudence developed by Indian courts in this regard. It traces the shift in this jurisprudence from …

The Conundrum Of ‘Relevant Market’: Market Definition In India’S Complex Tv Distribution Business, Vibodh Parthasarathi

Indian Journal of Law and Technology

The universal problematic of market definition poses peculiar challenges in multi-lingual and fragmented media markets, like in India. This article engages with this problematic by taking up the case of the TV distribution market in India. Here, the rapidly expanding TV distribution business consists of two segments. The larger, wired Cable distribution segment, driven by over 1,000 large cable companies and over 50,000 last mile operators, accounts for 70 percent market share, or around 100 million TV homes. The rest 30 percent is occupied by the wireless segment, comprising 6 Direct to Home TV distributors. Amidst the heightened expansion of …

Trust Me: Combining Online Dispute Resolution, Law And Blockchain Technology, Tina Van Der Linden

Indian Journal of Law and Technology

This piece focuses on the unsettled relationship between online dispute resolution, law and smart contracts (and the ‘trust’ provided by them). It first introduces the ways in which smart contract applications on a blockchain provide the trust required to deal with unknown business partners – trust in the network rather than in an old-fashioned trusted third party. A distinction is also drawn between calculated trust and institutional trust. The piece then attempts to reconcile the trust provided by smart contracts with the demands of business and concludes that some gaps remain. Finally, it examines what online dispute resolution and the …

Competition Law Limits On Ride Sharing Enterprises – Taking Into Account The Experience In India, Max Huffman

Indian Journal of Law and Technology

New economy competition policy is on the forefront of enforcers’ minds across the globe, with numerous competition agencies engaged in competition advocacy efforts regarding the sharing economy generally or ride sharing specifically. In a sharing economy firm, extra-firm contracting may be as efficient as that occurring intra-firm. By reducing search and transaction costs, the sharing economy enables transactions that could not occur in a pre-internet economy. The sharing economy grew strongly in developed economies, all of which were burdened with legacy permitting systems such as taxicab medallions or zoning regulations and other oversight limiting public lodging. The promise in economies …

It’S Raining Crypto: The Need For Regulatory Clarification When It Comes To Airdrops, Carol R. Goforth

Indian Journal of Law and Technology

Worldwide regulatory restrictions have pushed crypto entrepreneurs to take creative and novel approaches in their struggle to create viable user networks for new tokens. One of the most interesting vehicles for dispersing tokens is the ‘airdrop’, a process by which a developer essentially ‘gives away’ tokens. The developers’ motives in these airdrops are typically not completely altruistic. Instead, the goal is to increase the ‘buzz’ about new forms of crypto, and to encourage recipients to voluntarily promote the token that they now also own. The regulatory reaction to this technique has been mixed. A few nations, most notably China, have …

The Case For Regulating Crypto-Assets, Jaideep Reddy

Indian Journal of Law and Technology

In July 2019, the Ministry of Finance, Government of India announced that an Inter-Ministerial Committee (the ‘Committee’) had submitted its report (the ‘Committee Report’) recommending that possessing or dealing with cryptocurrency be banned and made a criminal offence. This article examines whether such a ban is justified under our constitutional scheme. The article finds that the right to carry on various kinds of crypto-asset activities can be traced to various enumerated fundamental rights under the Constitution of India. Analyzing the Committee Report, the article finds that its recommendation of an outright ban is unlikely to be a reasonable restriction on …

Regulators Nurturing Fintech Innovation: Global Evolution Of The Regulatory Sandbox As Opportunity-Based Regulation, Deirdre Ahern

Indian Journal of Law and Technology

The regulatory sandbox is a real-world alternative to regulatory lag. Its emergence as a novel regulatory development responds to challenges faced by FinTech innovators in navigating an unwieldy regulatory landscape not designed with FinTech in mind. Regulatory sandboxes are in operation in developed countries including Australia, Canada, Denmark, Hong Kong, Singapore, Switzerland, the Netherlands, the United Arab Emirates, the United Kingdom, and the United States. Within the European Union they are seen in Denmark, Hungary, Lithuania, Poland and the Netherlands. The concept has also gained traction with regulators in developing countries such as India, Indonesia, Malaysia, Mauritius and Thailand. Not …

Legal And Taxation Issues Concerning E-Commerce, Gopal Saxena

Indian Journal of Law and Technology

The Internet has evolved from a network of computers to a global social phenomenon. Once a medium that offered access only to a few, the smartphone and mobile network revolution has thrown it open to a much wider and more varied audience. In the process it is transforming itself from a place where people exchange information to a place where people conduct business as well. The convenience provided by online business transactions – e-commerce – is the reason why more and more users are turning to the Internet for their buying and selling. This is not only changing the face …

Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng

Indian Journal of Law and Technology

This article examines the patentability of human genes by evaluating where the balance should lie between the protection of private rights and public access for the promotion of further innovation and public health. The author investigates this issue by providing a comparative study on the approaches adopted in India and the United States – two highly divergent nations that offer unique contrasts in a comparative analysis of their patent regimes. The outcome of the appraisal discerns a potential convergence in the Indian and US approaches on certain aspects of human gene patent-eligibility. This interesting result reveals that contrary to intuition, …

Surveying The Damage: A Study Of Damages Payouts By The Delhi High Court In Trademark Infringement Cases (2005-2014), Eashan Gosh

Indian Journal of Law and Technology

A comprehensive ten year study of damages awarded by the Delhi High Court in trademark infringement cases reveals the remarkable extent to which the quantum of damages can be correlated to the presence of certain factual criteria. It brings into sharp focus exactly how far the reasoning behind awarding and quantifying damages – often the biggest takeaway and most powerful deterrent in trademark infringement cases – has been rendered an afterthought. Commencing with a critical commentary on the headline damages payouts by the Delhi High Court in 1, I break down the significant statistical outcomes of damages awarded based on …

Inside The Machine: Constitutionality Of India’S Surveillance Apparatus, Bedavyasa Mohanty

Indian Journal of Law and Technology

(This article was published prior to the Puttaswamy judgement) This paper seeks to analyse the nuances of some of those laws and tools that enable the State to keep a constant watch over its citizens’ activities. It also attempts to test the validity of the State’s surveillance powers against the principles of liberty and justice enshrined in the Indian Constitution. In doing so, the author aims to challenge the archaic foundations of Indian surveillance laws while drawing attention to areas that are in need of re-examination or, in some cases, complete overhaul. Part II of the paper is a brief …

Free And Open Source Software And The Twin Tragedies, Ananth Padmanabhan

Indian Journal of Law and Technology

The past decade has seen the rise and rise of free and open source software (FoSS). Part I of this paper surveys the FoSS movement from its early days to the present, including its fundamental philosophy. This part also looks into the different factors that have contributed to the growth of FoSS, such as the motivations of coders to be part of a “free” creative endeavor, the relatively flexible hierarchical structures that give considerable space for “free play”, and the shared values that integrate coders completely into the movement thus nurturing new creative activity from time to time. Part II …

How To Design An Indian Net Neutrality Law, Chaitanya Ramachandran

Indian Journal of Law and Technology

The past two years have seen net neutrality rise to prominence as a topic of public debate in India. Multiple policy development processes have been instituted within the executive and legislative branches of the government to formulate policies and regulations protecting net neutrality. While proponents demand robust legal protection for net neutrality, opponents have tended to focus on broadening the scope of exceptions to net neutrality. It is conceivable that, as the various policy development processes continue to unfold, a consensus will emerge amongst policymakers in favour of protecting net neutrality through law (regardless of the extent of that protection). …