Law Commons^™

Unreliable Forensic Science, Sarah Ciuffetelli

Quest

The Effectiveness of Forensic Science

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

Sarah Ciuffetelli uses critical thinking to examine the effectiveness of forensic sciences during criminal investigations. The assignment requires students to find the most prominent scholarly research in forensic sciences and discuss its efficacy. Further, the research leads students to discuss the potential limitations investigators must consider when examining forensic evidence. Lastly, students find at least six scholarly sources to provide an in-depth analysis of the research.

Sarah begins by discussing the history of forensic science and the ever-increasing technology used in …

Byu Journal Of Public Law Volume 37 Number 1

Brigham Young University Journal of Public Law

No abstract provided.

Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp

Brigham Young University Journal of Public Law

No abstract provided.

Recapturing The Orphan Drug Act: An Analysis Of Proposals, Rajdeep Trilokekar

Brigham Young University Journal of Public Law

No abstract provided.

Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin

Brigham Young University Journal of Public Law

No abstract provided.

Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole

Brigham Young University Journal of Public Law

No abstract provided.

The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law, Tilman Rodenhäuser

International Law Studies

“Information operations” or “psychological operations” have long been part of armed conflicts. Among Western militaries, they are commonly understood as the employment of communication or other means to influence the views, attitudes, or behavior of adversaries or civilian populations to achieve political and military objectives. Chinese military strategy describes “psychological offense and defense” as “a combat action that uses specific information and media to influence the psychology and behavior of the target object through rational propaganda, deterrence and emotional guidance based on strategic intentions and combat missions.” Likewise, Russian military doctrine elaborates on concepts such as “psychological warfare” and on …

When Is Enough, Enough?, Dominique Williams

Writing Beyond the Prison Living Archive

Essay

Ndls Communicator: Week Of 09.05.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Nell Jessup Newton returns to ND Law after serving as interim law dean at Miami and Wake Forest
• ND Law Professor Derek Muller elected to American Law Institute
• In his chapter for his upcoming book "Methodology in Private Law Theory, Paul Miller examines the relationship between formalist interpretive methodology and ideals of legality and the rule of law.
• Sam Bray has written a new chapter for the upcoming work "Interstitial Private Law" set to be released later this year. Bray's chapter examines the history and current state of the "equity will not" doctrines in law.
• Should religious …

Mmu: 09/04/23–09/10/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 65, No. 03 (September 4, 2023)

Indiana Law Annotated

No abstract provided.

Week Of September 4, 2023 - September 8, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Deconstructing Business Law Center Design, Mission, And Innovation, Patricia Hureston Lee

The Business, Entrepreneurship & Tax Law Review

This article identifies the mission, goals, and objectives in Law Centers and provides insights and a taxonomy on the distinct types of Law Center offerings. Next, the article offers a toolkit of ideas to advance stakeholder knowledge, skills, and learning outcomes. Further, the article sets forth a Law Center case study, dis-cussing the Loyola University Chicago Center for Business Law’s design, mission, goals, objectives, and programs. This article recommends that Law Centers reassess their mission, goals and objectives and re-consider enhancing their impact on corporate governance and the emerging local, national, and global issues. There is no better time for …

An Undeserved Bad Rap? Finding The Fairness In Mandatory Employment Arbitration, John G. Browning, Janey Whitney

The Business, Entrepreneurship & Tax Law Review

“As many frustrated empirical scholars have noted, it is [difficult] to obtain data regarding claims brought in either litigation or arbitration, and even when data is obtained, it is very [difficult to] compare the two sets of information.” Given the private nature of arbitration proceedings, not all data is readily available. Congress enacted the Federal Arbitration Act (“FAA”) in 1925, governing and providing for “judicial facilitation of private dispute resolution through arbitration.” Since 1925, the use of mandatory employment arbitration clauses has grown dramatically. With such exponential growth has come heightened attention to the practice, resulting in robust debate on …

Tables Turning: How Companies Should Respond To The “Mass Arbitration” Phenomenon And Abernathy V. Doordash, Inc., Isaac Keller

The Business, Entrepreneurship & Tax Law Review

Over the last four decades, mandatory pre-dispute arbitration has become an increasingly common method for resolving disputes between corporations and consumers or employees. Despite its harm to smaller and disadvantaged parties, the Supreme Court’s pro-arbitration stance and legislative inaction have allowed this trend to continue. Following the Supreme Court’s 2011 decision in Concepcion, this practice has expanded to include class action waivers. However, a new strategy known as “mass arbitration” is empowering plaintiffs and forcing companies to settle disputes more quickly. This article aims to advise businesses on how to respond to this development, ultimately recommending that businesses reject the …

Finding The Goldilocks Of Employment Discrimination: The Confusing Approaches To Temporal Proximity., Jordan Roling

The Business, Entrepreneurship & Tax Law Review

There has been substantial discourse between federal circuit courts in determining causality for employment discrimination cases. The article begins with a real-life case of a woman diagnosed with potentially cancerous tumors who, after filing an Equal Employment Opportunity Commission (EEOC) complaint, faced adverse actions by her employer. The central question is how temporal proximity, the time between the complaint and adverse actions, plays a role in determining causality. The article examines the varying approaches of different circuit courts, some of which rely solely on temporal proximity to establish a causal connection, while others demand additional evidence. It also discusses the …

The Wealth Of Our Commonwealth: Money, Capital, And Finance In A Productive Commercial Republic, Robert Hockett

The Business, Entrepreneurship & Tax Law Review

There is a share of the investment capital available in any society that is generated by the public. In contemporary societies with well-developed payment systems and effective public governance, this share tends to grow large in comparison to that originated by non-public sources, the latter is intermediated and thus must be pre-accumulated, while the former is generated and is the source of what is accumulated. In spite of these truths, the US outsources management of its public capital stock to private sector financial institutions. This is a practice that a host of underappreciated collective action predicaments endemic to decentralized market …

Permitting The Highs Without Addressing The Lows: Options For Struggling State-Legal Marijuana Businesses Barred From Bankruptcy, Rachel Owings

The Business, Entrepreneurship & Tax Law Review

An increasing number of states are permitting marijuana sales, and an increasing number of individuals are seizing the opportunity to start businesses in an exciting new industry. Though exciting, it is also an industry with an abundance of headwinds: complicated regulatory schemes, high tax rates, and the oversupply of marijuana products as many rush into the industry has led to some firms struggling financially. This Article will summarize the law that prevents such firms from accessing the federal bankruptcy system, analyze some relevant cases pointing at potential routes to bankruptcy for unique situations, and then address state law alternatives to …

Note From The Editor

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

The End Of An “Eras?” Antitrust Law And Policy Making A Drastic Change In Live Entertainment Ticketing?, Tyler J. Miller

The Business, Entrepreneurship & Tax Law Review

Disaster struck for many Taylor Swift fans as Ticketmaster’s system crashed, causing turmoil amongst consumers searching for tickets to Swift’s Eras Tour. This crash led to an outcry for change to create a better live entertainment industry. Congress, courts, consumers, competitors, and legal scholars have responded by proposing numerous potential solutions. Bipartisan and public perception have pointed primarily in one direction: antitrust law and policy. In the wake of over 100 years of antitrust legislation and jurisprudence, Live Nation Entertainment, Inc. has sparked a call for the use of Title 15 of the United States Code to remedy problems in …

Legal Tests And The Object – Effect Dichotomy Under Article 102 Tfeu, Ioannis Apostolakis

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Despite the adoption of the “more economic approach” in the assessment of unilateral conduct, the object – effect dichotomy is still relevant under Article 102 TFEU, as it is under Article 101 TFEU. This article examines the tripartite classification of abusive conduct under Article 102 TFEU, namely “restrictions by object”, “restrictions by effect”, and “naked restrictions”, as a specific form of restrictions “by object”. It analyses the implications of this classification for the allocation of the burden of proof between the dominant undertaking, on the one hand, and the competition authority or private plaintiff, on the other.

The Road To Prosperity. Reflections On Polish Antitrust In Turbulent Times, Jan Polański

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The “end of history”, which was once speculated, did not happen. In international politics, this resulted in much turbulence, in particular in 2022. In antitrust, in turn, there is a renewed interest in discussing its goals and assessment methods. When it comes to international politics and military reforms, Poland has taken important actions to ensure that in spite of the turbulent times, it will still take further steps on the road to prosperity, on which it had embarked in 1989. Less has been said about economic policy. Yet, it is economic policy that provides a solid base for an active …

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Rights Of Nature: What Are They?, Stepan Wood

Centre for Law and the Environment

This guide is one in an evolving series of guides intended to provide a general introduction to RON laws in plain language. They are intended for anyone curious about the subject, from ordinary citizens to community organizers, business people, scientists, politicians, government officials and Indigenous leaders.

Rights Of Nature: Who Holds Them?, Stepan Wood

Centre for Law and the Environment

This guide is one in an evolving series of guides intended to provide a general introduction to RON laws in plain language. They are intended for anyone curious about the subject, from ordinary citizens to community organizers, business people, scientists, politicians, government officials and Indigenous leaders.

Neurodiversity And The Legal Profession, Kala Mueller, Stefanie S. Pearlman

Nebraska College of Law: Faculty Publications

This article discusses ways to make the legal profession in Nebraska more accessible and inclusive for neurodivergent attorneys, beginning in law school and continuing through licensing, and hiring practices.