Law Commons^™

Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman

St. Mary's Law Journal

There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.

The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …

Foster Youth In The Mountain West, Zachary Billot

Undergraduate Research Symposium Lightning Talks

Number of children adopted from foster care vs. waiting to be adopted from foster care in the Mountain West, FY2020

Retroviral Protease (Rvp) Ddi2 Is A Viable Alternative For Full-Length (Fl) Ddi2, Ethan Chi

Undergraduate Research Symposium Lightning Talks

Proteasome inhibitors are drugs used to treat multiple myeloma. Currently, three are approved by the FDA.

Anti-Human Trafficking Training For Law Enforcement: An Assessment Of Practice In A Southern State, Patricia Ann Southerland

Dissertations

Human trafficking, a crime hidden in plain sight, does not answer to civility or the inherent human rights established within societal norms. While several factors influence this heinous crime, the absence of training and the incorporation of best practices among law enforcement personnel impairs the proper identification of victims, as well as the arrest and prosecution of facilitators, traffickers, and buyers (Clawson, Dutch, & Cummings, 2006; Dandurand, 2017; Darwinkel, Powell, & Tidmarsh, 2013; Davy, 2016; Efrat, 2015; Farrell, 2014; Farrell, McDevitt, Fahy, 2010; Farrell, McDevitt, Pfeffer, Fahy, Owens, Dank, & Adams, 2012; Farrell & Pfeffer, 2014, Grubb & Bennet, 2012; …

Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw

Online Publications

The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.

A Way Forward After Dobbs: Human Rights Advocacy And Self-Managed Abortion In The United States, Kelly Keglovits

Duke Journal of Constitutional Law & Public Policy Sidebar

Even in the era before Dobbs, wherein the Supreme Court repeatedly classified abortion as a "fundamental right," the ability to have an abortion was inaccessible in many parts of the United States. The irony that a "fundamental right" was so difficult to exercise results from how Constitutional rights are understood, which left many open-ended avenues for states to bring restrictions. International Human Rights law, however, offers a more optimistic and accountable approach to steps forward in increasing abortion access—illustrating a need to bring a human rights-based approach home. Dobbs has eviscerated any concept of federal protections for abortion, severely worsening …

Book Review Of Common Good Constitutionalism, Wendy E. Parmet

Journal of Legal Education

No abstract provided.

Article 76 Of The Un Convention On The Law Of The Sea: Parties And Non-Parties, Kevin A. Baumert

International Law Studies

One of the foremost contributions of the UN Convention on the Law of the Sea is its Article 76 pertaining to the continental shelf. Article 76 defines the continental shelf and sets forth detailed rules for determining its outer limits. It also introduces the Commission on the Limits of the Continental Shelf, one of the three institutions created by the Convention. This article addresses the universality of Article 76, in particular the degree to which its provisions are legally applicable to all States, including non-parties to the Convention. In doing so, the article considers the recent jurisprudence of the International …

Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto

Indonesian Journal of International Law

The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …

Simulated Problem-Based Learning: Teaching International Law In Exciting Way, Nik Nor Suhaida Ali

Indonesian Journal of International Law

This research aimed to discuss the methods for teaching International Law to non-law students. The subject was offered to second and third-year students of the International Affairs Management program at the School of International Studies, Universiti Utara Malaysia. Since the subject required higher-order thinking skills, it was introduced with Simulated Problem-Based Learning (SPBL), which combines role-playing simulation and problem-based learning (PBL). In western universities, simulations, PBL, and role-playing were popular methods in teaching International Law and International Relations. The methods were shown to improve learning skills but were rarely used in teaching International Law in International Relations programs in Malaysia. …

The Pedagogical Reformulation Of International Human Rights Law Education In Asia: Where Tradition Meets Innovation, Si Chen

Indonesian Journal of International Law

This article explores the feasibility, challenges, and directions for pedagogical reformulation to make international human rights law compelling for Asian law students. Pedagogies are crucial for improving students’ learning effectiveness, achieving the goal of legal education, and supporting students in their career plans. The article underlines that traditional lecture-based pedagogy is insufficient to prepare law students for human rights-related international professional careers. This article argues that pedagogies in international human rights law education need to be reformulated for a better future for legal education in Asia. It builds on three sets of sources concerning teaching, researching, and practicing international law …

Teaching International Human Rights Law In Vietnam: How To Make This Subject Attractive To University Students, Nguyen Thi Ha

Indonesian Journal of International Law

Human Rights is one of the achievements of the historical development of mankind, characteristic of civilized society, and also one of the basic and important legal values of humanity.

In the context of international integration of education in general and higher education in particular, the teaching of human rights, first of all, international human rights law is important for undergraduate students, especially in helping them to identify and understand the responsibility to make human rights become a reality in society. Human rights teaching aims to help learners orient and understand noble human values, common voices, common goals, and common means …

The Influence Of Incorporating Modern Technologies Into The Legal Curriculum As Effective Teaching Approach In Higher Education, Tripti Bhushan

Indonesian Journal of International Law

Higher education has seen a tremendous increase in the use of technology in teaching and learning. In this context, technology would play an important part in the law school curriculum inside and outside the classroom. This would allow students to explore various aspects of the legal world beyond the classroom, and the integration provides law schools with a potent weapon. Therefore, this research focused on using technology in teaching and learning, which would significantly aid in addressing law students’ learning requirements. By examining successful technology, it uncovered the gaps between the usage and understanding of International Law. The curriculum offered …

Teaching Public International Law In Central Asia: Major Challenges, Problematic Issues, Coping Strategies And Useful Methods, Rustam Bakhtiyarovich Atadjanov

Indonesian Journal of International Law

Many of the challenges pertaining to the unique nature of international law that affect its efficient teaching by teachers of public international law to law university and law faculty students are very relevant to the still developing educational systems of the five Central Asian states. The article reviews, with the use of legal analytical and comparative method, those challenges including the ones that flow out of local contextual factors. Furthermore, the existing lack of private universities and availability of resources including library resources in the Central Asian region will be touched upon. The article dwells on local schools and doctrines …

Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni

LLM Theses

On the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained …

Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams

Publications and Research

The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's Adjunct Assistant …

Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson

Honors Projects

The works of William Shakespeare have been referenced many times throughout history, even by Supreme Court justices. Building off of an observation of a mock trial by James Shapiro, this project puts the utilization of Shakespeare from three Court opinions in relation to its context within the play and the opinion to examine what the reference reveals about the authoring justices' ideology. In doing so, this project concludes that the justices utilize Shakespeare's works in their opinions for various reasons, including to infuse their beliefs into their argument. This implies that Supreme Court justices do not base their opinions on …

Lower-Income Countries’ Ongoing Quest For International Tax Justice: A Case Study Of The Oecd’S Tax Allocation Proposal, Okanga Ogbu Okanga, Kim Brooks

Articles, Book Chapters, & Popular Press

The viability of our international tax system hinges on two things: (1) safeguarding the effective flow of international activities and (2) ensuring that countries can adequately collect tax on the income derived from those activities. Each of these fundamentals relies on a defensible/fair allocation of taxing rights between countries with competing tax jurisdiction (inter-nation equity).

The recent Organisation for Economic Co-operation and Development (OECD)-led multilateral effort to transform international tax rules to ensure that countries can adequately tax multinational enterprises (MNEs) operating in the global digital economy (OECD proposal) has reignited inter-nation equity conversations. Although important to all countries, inter-nation …

Book Review Of Plain English For Lawyers, George Mader

Journal of Legal Education

No abstract provided.

Amgen V. Sanofi: The Supreme Court Takes Up The Enablement Requirement In The Context Of Therapeutic Monoclonal Antibodies, Christopher M. Holman

Faculty Works

No abstract provided.

The Swift Completion Of Their Appointed Rounds, Roger Michalski

Other Faculty Publications

No abstract provided.

Appeal No. 1011: John M. Brown & Debra S. Brown V. Division Of Oil & Gas Resources Management And Ascent Resources ---Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-92; Lori NE SMF JF Unit (Ascent Resources -- Utica, LLC)

Appeal No. 0995: Sharon & Jerome Kallay V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-51, Denoon Sourth Unit (EPA Ohio, LLC)

Ethical Implications Of Law Practice Technology, Eliza Boles

Scholarly Works

The following CLE materials were prepared by Eliza Boles for presentation on December 6, 2022. Materials were approved by the Tennessee Commission on Continuing Legal Education for two hours of mandated ethics credit.

Ai And The Regulatory Paradigm Shift At The Fda, Catherine M. Sharkey, Kevin M. K. Fodouop

Duke Law Journal Online

No abstract provided.

U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The United States Senate on Monday (Dec. 5) confirmed an Indiana University Maurer School of Law alumna to the U.S. Court of Appeals for the Seventh Circuit.

The confirmation of the Hon. Doris L. Pryor, who earned her law degree from the Law School in 2003, was historic.

Washington Townhomes, Llc; Homes By Harmony, Inc.; Cotton Meadows, Llc; Salisburty Development Llc; Southern Utah Home Builders Assn.; Ivory Southern, Llc; Perry Homes Utah; Henry Walker Construction Of Southern Utah, Llc, Plaintiffs /Appellees, V. Washington County Water Conservancy District, Defendant /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Judge Jeffrey C. Wilcox, Case No. 130500465

Robert C. Keller, Scott P. Powers, Nathanael J. Mitchell, Attorneys for Appellant

Benson L. Hathaway, Jr., Justin W Starr, Adam D. Wahlquist, Attorneys for Appellees

Three Steps To Stop Citing Slavery, Diane J. Kemker

Journal of Legal Education

No abstract provided.

Agenda Setting And Europe's Common Immigration Policy, Jamie P. Surface

Dissertations and Theses

For over a decade the European Union has been immersed in an immigration crisis. As the desired destination for millions of people fleeing unrest in the Middle East and war in Ukraine, the EU has developed its own social, political, and humanitarian crisis. Lacking policy commonality across its member states on how to accept and manage the mass waves of migrants, the EU continues to struggle with implementing a common immigration policy. This research examines EU immigration issues, policies, and the failures of successful collaboration stymying the implementation of a standard immigration policy. Using the agenda setting model of John …