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2023

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Full-Text Articles in Law

Introduction, Georgia Criminal Law Review Editors Aug 2023

Introduction, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.


Table Of Contents, Georgia Criminal Law Review Editors Aug 2023

Table Of Contents, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.


The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough Aug 2023

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.


Cardozo Law News Brief: August 25, 2023, Benjamin N. Cardozo School Of Law Aug 2023

Cardozo Law News Brief: August 25, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

  • Andrea Schneider
  • Betsy Ginsberg
  • Edward Zelinsky

Campus News:

Events:


Urban Resistance To Occupation: An Underestimated Element Of Land Warfare, Kevin D. Stringer, Jelle J. H. Hooiveld Aug 2023

Urban Resistance To Occupation: An Underestimated Element Of Land Warfare, Kevin D. Stringer, Jelle J. H. Hooiveld

The US Army War College Quarterly: Parameters

With the world trending toward urbanization, and Russia and China acting aggressively toward Ukraine and Taiwan, respectively, the conduct of irregular warfare in built-up environments—specifically, urban resistance to occupation—merits greater study. The authors’ Dutch-language and primary source research on the Netherlands’ World War II urban resistance to German occupation makes this article unique. It provides deeper insights into the occupation experiences of a highly urbanized, densely populated country in which clandestine underground and auxiliary elements played paramount roles in resistance efforts for most of the occupation period. It also illustrates the feasibility of overt, guerrilla-based activity in urban environments during …


The Impact Of Antarctic Treaty Challenges On The Us Military, Ryan J. Bridley, Kevin W. Matthews Aug 2023

The Impact Of Antarctic Treaty Challenges On The Us Military, Ryan J. Bridley, Kevin W. Matthews

The US Army War College Quarterly: Parameters

While the Antarctic Treaty of 1961 largely prevented conflicts on the continent, growing challenges to the treaty system could affect the United States and the global community. Through historical documents and press reports, this article examines ice deterioration, unreported and unregulated fishing, resource extraction preparation, hostilities between treaty members, and the roles of China and Russia in the region. It provides recommendations for policymakers and military strategists on how the United States can maintain global security and treaty interests—and the potential request for intervention—within the guidelines of the National Security Strategy.


The Chechen Kadyrovtsy’S Coercive Violence In Ukraine, Wilson A. Jones Aug 2023

The Chechen Kadyrovtsy’S Coercive Violence In Ukraine, Wilson A. Jones

The US Army War College Quarterly: Parameters

Russia pioneered exploiting civilian inequalities to maximize military effectiveness in Chechnya, contributing to the Kadyrovtsy blocking detachments observed in Ukraine. Kadyrovtsy, pro-Russian Chechens, are drawn from a unique political order enabling this specialized military role. Military inequality literature typically ignores how minority-ethnic forces often serve in specialized combat roles. Understanding the Chechen Wars, the Kadyrov regime, and living standards in Russia helps explain these minority-ethnic blocking detachments in Ukraine. Analysis of this vital section of Putin’s regime offers actionable recommendations for Western actors to undermine Russian military efforts and identifies the potential risks of those actions.


Janette Corn, Appellee V. Blake Groce, Appellant : Reply Brief, Utah Court Of Appeals Aug 2023

Janette Corn, Appellee V. Blake Groce, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable Ronald Russell, District Court No. 194700657

Emily Adams, Freyja Johnson, Attorneys for Appellee Janette Corn

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Blake Groce


Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho Aug 2023

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …


Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala Aug 2023

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …


From The Acting Editor In Chief, Conrad C. Crane Aug 2023

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2023 issue of Parameters. This issue includes two In Focus special commentaries, a Strategic Challenges forum, a Historical Studies forum, and the SRAD Director’s Corner.


A Historical Perspective On Today’S Recruiting Crisis, Brian Mcallister Linn Aug 2023

A Historical Perspective On Today’S Recruiting Crisis, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

This article analyzes the US Army’s successive recruiting crises, identifying their consistent patterns and the efforts to resolve them, and makes three provocative arguments. First, there is a long-standing institutional tension between recruiting personnel for the combat arms and technical and administrative specialists. Second, many of today’s talent management problems were first identified in a 1907 General Staff report and reiterated in subsequent studies. Third, the Army has pursued innovative recruitment strategies, but much of their success depended on factors outside the service’s control. The essay concludes with four history-based recruiting lessons and an affirmation that the 2019 Army People …


A Call To Action: Lessons From Ukraine For The Future Force, Katie Crombe, John A. Nagl Aug 2023

A Call To Action: Lessons From Ukraine For The Future Force, Katie Crombe, John A. Nagl

The US Army War College Quarterly: Parameters

Fifty years ago, the US Army faced a strategic inflection point after a failed counterinsurgency effort in Vietnam. In response to lessons learned from the Yom Kippur War, the United States Army Training and Doctrine Command was created to reorient thinking and doctrine around the conventional Soviet threat. Today’s Army must embrace the Russo-Ukrainian conflict as an opportunity to reorient the force into one as forward-thinking and formidable as the Army that won Operation Desert Storm. This article suggests changes the Army should make to enable success in multidomain large-scale combat operations at today’s strategic inflection point.


Us-Russia Foreign Policy: Confronting Russia’S Geographic Anxieties, Caitlin P. Irby Aug 2023

Us-Russia Foreign Policy: Confronting Russia’S Geographic Anxieties, Caitlin P. Irby

The US Army War College Quarterly: Parameters

The United States must place Russia’s focus on geographic concerns at the center of future strategy development to build a constructive relationship with Russia and achieve US regional goals. This article analyzes Russia’s geography and historical impact on Russian foreign policy, outlines Moscow’s current foreign policy goals, and highlights underlying concerns for US policymakers and military practitioners. By pursuing policies that support Russian goals of economic integration, mitigation of demographic concerns, and security of national borders, the United States can set the foundation for productive engagement on critical issues.


Srad Director's Corner: Us Army War College Russia-Ukraine War Study Project, Eric Hartunian Aug 2023

Srad Director's Corner: Us Army War College Russia-Ukraine War Study Project, Eric Hartunian

The US Army War College Quarterly: Parameters

The Strategic Studies Institute at the US Army War College is analyzing the operational events and activities of the Russia-Ukraine War to understand the war’s strategic implications for the US Army and its role within the NATO Alliance. Analysis will further inform theater and national US strategy and may benefit Army doctrine and concepts vis-à-vis the Russian threat. It will also examine how US and allied defense policies should adjust to the current character of war. Lessons learned from Ukraine are relevant to the evolving challenge in the Pacific in the near term and are opportunities for the United States …


Contributor Guidelines, Usawc Press Aug 2023

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi Aug 2023

The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi

The US Army War College Quarterly: Parameters

Taiwan has become increasingly important to the United States and its allies as the Russia-Ukraine War has united democracies against authoritarian expansionism and indeed has developed an international democracy-authoritarianism dynamic in global affairs. Part one of this article clearly outlined the geopolitical, economic, and soft-power reasons why Taiwan is strategically important. Part two reviews the development of US and allied policy statements on Taiwan—from the invasion of Ukraine in 2022 to the present—and provides policymakers and military strategists with incremental but realistic recommendations for understanding the current dynamic of the region and fashioning responses to deter further authoritarian aggression.


Parameters Autumn 2023, Usawc Press Aug 2023

Parameters Autumn 2023, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Autumn Book Reviews, Usawc Press Aug 2023

Autumn Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous Aug 2023

All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous

Scholarly Works

Roughly half of Americans get some of their news from social media, and nearly two-thirds get some of their news from search engines. As our modern information gatekeepers, these internet companies bear a special responsibility to consider the impact of their platform and site policies on users’ access to high-quality news sources. They should adopt policies that clear the digital pathway between the public and press by facilitating such access. To that end, the companies must first, address the threshold issue of how best to identify high-quality news sources. This article examines factors that would be useful, drawing from legal …


Cardozo Welcomes Its Newest Students, Benjamin N. Cardozo School Of Law Aug 2023

Cardozo Welcomes Its Newest Students, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo welcomed the J.D. Class of 2026 and the largest LL.M. class in its history during a busy and festive Orientation that concluded this week. Students came from all over the country and around the globe, including South Korea, Ghana, France and Israel, to study in New York.


Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham Aug 2023

Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham

Journal Articles

Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …


Penerapan Doktrin Fair Use Pada Penayangan Cuplikan Film Tanpa Izin Dalam Video Ulasan Film Pada Platform Youtube Di Indonesia, Fadhilah Pijar Ash Shiddiq Aug 2023

Penerapan Doktrin Fair Use Pada Penayangan Cuplikan Film Tanpa Izin Dalam Video Ulasan Film Pada Platform Youtube Di Indonesia, Fadhilah Pijar Ash Shiddiq

Technology and Economics Law Journal

No abstract provided.


Kejahatan Siber Terhadap Individu: Jenis, Analisis, Dan Perkembangannya, Russel Butarbutar Aug 2023

Kejahatan Siber Terhadap Individu: Jenis, Analisis, Dan Perkembangannya, Russel Butarbutar

Technology and Economics Law Journal

No abstract provided.


Analisis Yuridis Terkait Perlindungan Hak Kekayaan Intelektual Dalam Hak Cipta Oleh Penyelenggara Marketplace Token Nft, Bagas Darmawan, Agus Sardjono Aug 2023

Analisis Yuridis Terkait Perlindungan Hak Kekayaan Intelektual Dalam Hak Cipta Oleh Penyelenggara Marketplace Token Nft, Bagas Darmawan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.


Brief Of Amici Curiae Eugene Volokh, Richard W. Garnett, & Michael Stokes Paulsen In Support Of Petitioner, Brian D. Schmalzbach, Richard W. Garnett Aug 2023

Brief Of Amici Curiae Eugene Volokh, Richard W. Garnett, & Michael Stokes Paulsen In Support Of Petitioner, Brian D. Schmalzbach, Richard W. Garnett

Court Briefs

No. 23-74
Debra A. Vitagliano v. County of Westchester, New York

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam- dunk simple” yet the Court got it “slam-dunk wrong.”

Pro-choice …


From Lau To Now: A Phenomenological Study Of The Experiences Of Secondary Educators With Monolingual Driven Language Laws, Brooke Elizabeth Boutwell Aug 2023

From Lau To Now: A Phenomenological Study Of The Experiences Of Secondary Educators With Monolingual Driven Language Laws, Brooke Elizabeth Boutwell

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine the influence of monolingually biased federal language policies on English language learners and secondary educators in a middle school in the Oceana School District. The theory guiding this study was Richard Ruiz’s Orientations in Language Planning as it pertains to ideology behind language policy. The transcendental phenomenological study was conducted in the Oceana School district at Waves Middle School. Participants included seven middle school content teachers, a school administrator, and two English as a second language specialists. All participants were chosen based on the criteria of having worked in the Oceana …


"What Makes Law? Dworkin, Fish, And Koskenniemi On The Rule Of Law", David Lefkowitz Aug 2023

"What Makes Law? Dworkin, Fish, And Koskenniemi On The Rule Of Law", David Lefkowitz

Philosophy Faculty Publications

What makes Law? So formulated, the question is an ambiguous one. On what I will call the micro-level, it asks for the successful conditions for an assertion of law, what justifies or provides the truth conditions for claims such as ‘ I have a legal right to ϕ ’ or ‘ you broke the law ’. Much of the debate between Ronald Dworkin and Stanley Fish concerns this question; for example, the role that theory plays in actors’ identification of the law, or the constraints, if any, that legal materials themselves impose on what counts as an interpretation of them. …


Civil Rights Clinic Reaches Settlement For Those Subjected To Polar Vortex Conditions In Federal Jail, Cardozo Civil Rights Clinic Aug 2023

Civil Rights Clinic Reaches Settlement For Those Subjected To Polar Vortex Conditions In Federal Jail, Cardozo Civil Rights Clinic

Cardozo News 2023

Professor Betsy Ginsberg and her Civil Rights Clinic worked with Professor Alexander Reinert and the law firm Emery Celli Brinckerhoff Abady Ward & Maazel to come to a settlement with the federal government after people incarcerated at Metropolitan Detention Center, a Brooklyn federal jail, were subjected to a week without heat or electricity during a 2019 polar vortex.


Pembatasan Hak Cipta Terkait Remix Lagu Berdasarkan Doktrin Fair Use Dan Undang- Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Anastasia Theresia Puspasari, Agus Sardjono Aug 2023

Pembatasan Hak Cipta Terkait Remix Lagu Berdasarkan Doktrin Fair Use Dan Undang- Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Anastasia Theresia Puspasari, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.