Law Commons^™

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

“Bending The Law” – Weimar Judiciary And The Political Bias Paradox Of The Legal System, Irit Bloch

Dissertations, Theses, and Capstone Projects

This interdisciplinary, microhistory project which draws on historical, legal and sociological methodologies, examines the relationship between a new and unstable democracy and a hostile judicial system in the Weimar Republic (Germany, 1919-1933). In particular, it asks how Weimar judges who were bound to codes of law and adhered to the rule of law were able to manipulate laws and to produce judgments along ideological lines while keeping a semblance of legality. By analyzing judicial decisions in three non-political, criminal cases, this research explains the mechanism of subversion and offers a nuanced explanation for the judiciary's motivations to abuse the law. …

Breaking Down Bias: A Comparative Analysis Of General Public And Police Officer Attitudes Toward Mental Illness And Officer Decision-Making In Mental Health Crises, Therese L. Todd

Dissertations, Theses, and Capstone Projects

Police responses to persons with mental illness (PMIs) compared to those without appear to be more likely to result in negative outcomes, underscoring the importance of understanding these interactions and the factors that may influence them. Relatively little research has examined officer attitudes toward mental illness, and no study has examined implicit bias toward mental illness among police officers or how police culture may impact outcomes in mental health crises. The present study sought to: 1) measure explicit and implicit bias toward PMIs among the general public and police officers to understand how these constructs may vary among these populations; …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …

Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang

Dissertations, Theses, and Capstone Projects

This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.

Observers' Perceptions Of Rapport In Accusatorial Interrogations, Gabriela Rico

Dissertations, Theses, and Capstone Projects

Rapport is widely regarded as a necessary precondition for interrogations and is thought to lay the foundation for the success of later interrogation techniques. In accusatorial contexts in which suspects are often resistant to disclose potentially self-incriminating information, rapport enables interrogators to gain the suspect’s trust, respect, and cooperation. Although the specific psychological mechanisms by which rapport achieves these effects are largely understudied, rapport-building techniques resemble principles of social influence (Goodman-Delahunty & Howes, 2014), specifically persuasion. Techniques such as establishing common ground, engaging in active listening, demonstrating empathy, and disclosing personal information may serve as impression management strategies, which allow …

The Myth Of Debtor-Friendly Or Creditor-Friendly Insolvency Systems: Evidence From A New Global Insolvency Index, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

This article seeks to test the validity of the traditional classification of insolvency systems as debtor-friendly or creditor-friendly jurisdictions. For that purpose, the article develops a novel Global Insolvency Index (“GII”) that seeks to measure the attractiveness of reorganization procedures from the perspective of debtors, secured creditors and general unsecured creditors. After assessing the attractiveness and evolution of reorganization procedures in 53 jurisdictions around the world, it will be shown that insolvency systems can be pro-debtor and pro-creditor, anti-debtor and anti-creditor, or somewhere in the middle. Hence, the GII developed in this article shows that the traditional classification of insolvency …

Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

After nearly fifty years of the mandatory death penalty for drug offences, Singapore amended its law in 2012 to give judges a choice in certain situations to impose a sentence of death or life imprisonment instead. However, this change should not be misunderstood as an alteration in Singapore’s zero-tolerance approach towards illegal drugs. Escaping the mandatory death penalty regime under the new law requires fulfilment of strict conditions. This article reviews the exceptional circumstances that are required before judges are given the discretion to impose the death penalty or not and the application of the new law by the Singapore …

A Non-Contractual Approach To Smart Contracts, Florian Gamper

Research Collection Yong Pung How School Of Law

This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, …

Effect Of Amended Claim On A Warrant Of Arrest In An Admiralty Action In Rem, Ming En Tor

Research Collection Yong Pung How School Of Law

Suppose I have filed my statement of claim endorsing the writ in rem, and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to execute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This …

Rethinking Acting In Concert: Activist Esg Stewardship Is Shareholder Democracy, Dan W. Puchniak, Umakanth Varottil

Research Collection Yong Pung How School Of Law

In May 2021, Engine No. 1, an investment fund, was lauded by the responsible investment community for successfully placing three dissident independent directors on ExxonMobil’s board. It achieved this by being a catalyst for institutional investors to become backers of environmental shareholder activism. The unprecedented success of Engine No. 1’s campaign has spurred calls for a new, more sustained, activist engagement model by institutional investors, now known as “activist stewardship”.However, there is a significant legal hurdle that has been almost entirely overlooked by those calling for this new approach for institutional investors to become activist stewards: acting in concert rules. …

The Authoritativeness Of Electronic Administrative Decision, Badr Abdullah Al-Matroudi Dr.

UAEU Law Journal

Recent years witnessed great and noticeable development at all levels as a result of the information revolution and the development of means of communication and technology that had a great impact in changing the lifestyle. Accordingly, it is requisite and even necessary for the government departments and agencies in the Kingdom to keep pace with this advancement to absorb the new developments revealed by the changing reality of life. We are well aware that traditional administration has become useless in keeping pace with the times, in the light of the civilizational renaissance the Kingdom is witnessing in the pursuit of …

The Legal Nature Of The Right Of Palestinian Refugees To Housing Units In The Of The West Bank And Gaza Strip, Hussein Ayaseh Dr.

UAEU Law Journal

Until the end of 2018, about (768130) Palestinian refugees reside in 27 camps in West Bank and Gaza Strip, which recognized by the UNRWA, as housing units established by the Agency on lands granted by the Jordanian government in the West Bank and Egyptian government in the Gaza Strip. The importance of the research was evident in the matter, to show the legal system of housing units and the right of a refugee in them in light of the multiplicity of rights and the different types and their names that are on housing units, such as the right of housing …

Narrowing The Scope Of Public Order Payment Under Uae Private International Law: A Critical Study, Mariam Ahmed Alsandal Dr.

UAEU Law Journal

Private international relations are the legal relations of a foreign component, for which the legislator has permitted the application of foreign law to their disputes, which is approved by the Emirati legislator in the Federal Civil Transactions Law No. 5 of 1985 and its amendments, through a set of legal rules known as the rules of attribution contained in texts 10 to 28 of this law. The Emirati legislator also approved the application of the foreign law in the Federal Personal Status Law No. 28 of 2005 and its amendments, stipulating that the litigants or one of them must adhere …

Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.

UAEU Law Journal

public law. Which makes his access to private law and getting closer of contractual freedom impossible, if we recall "Rohm": “The wall separating the two branches of law is more robust than the Berlin Wall”.

It should also be recognized that the encounter between "contractual freedom" and "fundamental right" is not a simple matter because of a spice-time difference. The "fundamental right" (the young man) - in contrast to contractual freedom, which was likened to the old woman - is a modern concept.

But transcending the barriers of time and space seems to be an urgent need, perhaps because this …

The Impact Of Assigning Legislative Jurisdiction To The Competent Court In Disputes Concerning Inheritance And Estate Related Lawsuits, Bashayer Alghanim Dr.

UAEU Law Journal

disputes and estate related lawsuits having a foreign element. In this respect, the jurisdiction This research determines the court jurisdiction concerning inheritance disputes and estate related lawsuits having a foreign element. In this respect, the jurisdiction connecting factors adopted by the legislator are diverse like personal, regional or qualitative. However, we have dealt in detail with the qualitative jurisdiction connecting factor. As this is the first step, beyond doubt, that affects the determination of choice of law, does choice of law affect jurisdiction under estate related inheritance cases having a foreign element? Accordingly, we have studied the influence contained in …

The Commitments To Exercise Care And Achieving A Result Within The Scope Of Smart Contracts: A Comparative Study, Dr. Abdul-Rahman Mohamed Salem

UAEU Law Journal

Smart contracts didn't receive yet the proper attention of legal jurisprudence until the recent time. There is a noticeable delay in addressing its provisions, especially among the studies of Arab Jurisprudence. The legal frameworks of any topic are determined only by its completion. Perhaps the topic of smart contracts hasn't ripened yet in our Arab societies.

It was necessary to conduct research on the aspects of this topic to support the values of development and keep pace with the fourth-generation technology.

It is necessary to define the smart contract that combines the legal aspect, the technical aspect and the style …

Legal Protection For The Rights Of The Commercial Store Creditors Under Uae Law: A Comparative Study, Dr. Omar Fares Dr.

UAEU Law Journal

The UAE Commercial Transactions Law has included provisions for the protection of the rights of the shop seller creditors who have debts related to its exploitation. Considering that the sale of the shop poses a threat to their rights because through this sale they lose the most important security for their debts, which is the “shop”. In order to achieve this goal, the UAE legislator approved the principle of the transfer of rights and obligations from the seller to the buyer in violation of the general rules, and obligated the two parties of sale contract to publish the summary of …

New Firstgen Student Organization Uniting Path-Breaking Students, James Owsley Boyd

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

Barbara Bernal Monnroy arrived in the United States from her native Venezuela at the age of 16, with no practical English language knowledge or skills. “Generation Zero,” as she puts it. Though she was a year behind because of the language barrier, Monnroy worked tirelessly to succeed, eventually graduating from a Florida high school with strong enough credentials to earn a place at Davis & Elkins College. She succeeded there, too, in rural West Virginia, earning valedictorian honors and serving as the college’s graduation speaker.

Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita

Indonesia Law Review

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …

Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman

Indonesia Law Review

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia

Indonesia Law Review

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …

The Franchise Era: Hollywood’S Reuse Of Ip, Cardozo Intellectual Property Law Society, Cardozo Entertainment Law Society, Cardozo Fame Center

2023–2024 Flyers

Join the IP Law Society and the Entertainment Law Society for the first panel of the semester! After a summer that started with the Super Mario Bros. movie and ended with the Barbie movie, this panel examines if Hollywood’s obsession with franchises is killing creativity, the movie star, the writers’ room, and the industry at large. Led by lawyers in the TV/film and branding industries, this panel aims to teach about the legal framework that allows for these franchises and how lawyers can provide for protections and allowances in contracts.

State Of Utah V. Joshua Clayton Nelson, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Jennifer A. Mabey presiding, District Court No. 211500195 Mr. Nelson is not incarcerated

Scott H. Sweat (6143) S. Case Wade (14829) Wasatch County Attorneys Counsel for Appelleе

Benjamin Miller (17720) Debra M. Nelson (9176) Utah Indigent Appellate Defense Division Counsel for Mr. Nelson

Erda Community Association, Inc., Eta L. Appellants V. Grantsville City, Skywalk Development, Lc Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 210200450

Robert Keller Nathanael Mitchell Snow Christensen & Martineau Brett Coombs Attorneys for Appellee, Grantsville

Janet M. Conway (#7488) Attorney for Appellants

Maurer Federalist Society Chapter Honored With National Award, James Owsley Boyd

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

The Indiana University Maurer School of Law’s Federalist Society chapter has received the 2023 Benjamin Franklin Award for Spring Breakout Chapter. The award was accepted last month by the chapter’s co-presidents, Nick Clifford and Claudia Eder, at the Federalist Society’s National Leadership Conference in Washington, D.C.

2023-2024 Executive Board Announcement, Cardozo Environmental Law Society

2023–2024 Flyers

No abstract provided.