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Articles 9961 - 9990 of 11451
Full-Text Articles in Law
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Cardozo Journal of Conflict Resolution
No abstract provided.
Beyond Problem-Solving Courts, Erin R. Collins
Beyond Problem-Solving Courts, Erin R. Collins
Cardozo Journal of Conflict Resolution
Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Cardozo Journal of Conflict Resolution
No abstract provided.
Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen
Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen
Cardozo Journal of Conflict Resolution
No abstract provided.
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Cardozo Journal of Conflict Resolution
No abstract provided.
Are The Spratly Islands An Outlying Archipelago Of China? Politico-Legal Implication Of Proclaiming The Spratly Islands As A China’S Outlying Archipelago That International Lawyers Should Know, Youngmin Seo
Emory International Law Review
The issue of the outlying archipelago of continental states under the UNCLOS system has become a serious point of contention among international lawyers. This article shows what rules international lawyers in states possessing outlying archipelagos may have found for their outlying archipelagos, thereby assessing the Chinese claims to the Spratly Islands as an outlying archipelago. This article also explores how a future Chinese proclamation of special baselines for the Spratly Islands as an outlying archipelago negatively influences the development of the South China Sea dispute, harming Chinese national interests as opposed to conventional wisdom in China.
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Emory International Law Review
No abstract provided.
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang
Emory International Law Review
No abstract provided.
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
Emory International Law Review
The Urdu-speaking community in Bangladesh, commonly known as the “Biharis” or “Stranded Pakistanis,” has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces widespread discrimination, primarily because of the Bangladeshi bureaucracy’s systemic neglect and the community’s former refugee and stateless status. This study examines to what extent Urdu-speakers are now able to enjoy full citizenship rights. It also assesses the government of Bangladesh’s existing policies and the relationship between citizenship and the law, comprising of both …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Corruption: A Driving Force For Corporate Complicity In Human Rights Violations, Olayinka Reis
Corruption: A Driving Force For Corporate Complicity In Human Rights Violations, Olayinka Reis
Intercultural Human Rights Law Review
Corruption undermines the legitimacy of institutions and processes, the rule of law, and eventually, the state. Over time, the U.N. Human Rights Council has gradually paid increasing attention to the negative impact of corruption on human rights and made recommendations to states on how to combat corruption. Corruption is an inter-national phenomenon, prevalent in all countries regardless of eco-nomic or political systems, and it requires international attention from all stakeholders. The subset of a population that feels the effects of corruption are those disadvantaged groups, who typically have less opportunities to participate in the implementation of public policies and lack …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 18 (2023).
Endogenous Market Choice, Listing Regulations, And Ipo Spread: Evidence From The London Stock Exchange, Hafiz Hoque, John Doukas
Endogenous Market Choice, Listing Regulations, And Ipo Spread: Evidence From The London Stock Exchange, Hafiz Hoque, John Doukas
Finance Faculty Publications
This study examines the endogenous market choice and its impact on underwriter spread if Alternative Investment Market (AIM) IPOs that meet Main Market (MM) listing requirements had issued equity in the MM during the 1995–2021 period. We find that the spread is 1.33% higher in the AIM than the MM for IPO listings that meet the MM listing requirements. This finding suggests that AIM companies, meeting the MM listing requirements, could have saved more than £100 million by going public through the MM than the AIM market. We also find that this spread differential is attributed to the issuing firms' …
Vested Patents And Equal Justice, Adam J. Macleod
Vested Patents And Equal Justice, Adam J. Macleod
Scholarly Articles
In a time of renewed interest in equal justice, the vested patent right may be timely again. Vested patent rights helped marginalized Americans to secure equal justice earlier in American history. And they helped to make sense of the law. Vested patent rights can perform those tasks again today. The concept of vested rights render patent law coherent. And it explains patent law 's interactions with other areas of law, such as property, administrative, and constitutional law. The vested rights doctrine also can serve the requirements of equal justice, as it has several times in American history. Vested rights secure …
Is, Ought, And The Limited Competence Of Experts, Adam J. Macleod
Is, Ought, And The Limited Competence Of Experts, Adam J. Macleod
Scholarly Articles
The moral innovators whom C. S. Lewis criticized in The Abolition of Man supposed that they could draw imperatives out of their superior understanding of sentiment and instinct. They assumed that to know what human beings want to do is to know what human beings should do. But people want to do all sorts of things that are irrational, pointless, harmful, and even downright evil. And people want inconsistent things. So the innovators are incoherent. As Lewis correctly affirmed, no amount of knowledge about nature or the world is sufficient by itself to direct us to do what is good …
“Recommend . . . Measures”: A Textualist Reformulation Of The Major Questions Doctrine, Chad Squitieri
“Recommend . . . Measures”: A Textualist Reformulation Of The Major Questions Doctrine, Chad Squitieri
Scholarly Articles
Following Biden v. Nebraska, defenders of the major questions doctrine (which requires administrative agencies to identify “clear congressional authorization” to regulate “major” issues) can be categorized as falling within one of two camps. The first camp includes Justices Gorsuch and Alito, who view the major questions doctrine as a substantive canon. The second camp includes Justice Barrett, who explained in Nebraska that she is “wary” of adopting new substantive canons, and indicated that she considers the major questions doctrine to be a linguistic canon. Interestingly, both camps have relied on an influential scholar to advance their positions: then Professor …
The Great Synthesizer: Natural Rights, The Law Of Nations, And The Moral Sense In The Philosophical And Constitutional Thought Of James Wilson, Derek A. Webb
Scholarly Articles
This article argues that the key to understanding James Wilson, one of the leading architects of the Constitution and the first Supreme Court Justice to be sworn in, and yet arguably the most neglected and misunderstood figure from the founding generation, is as a "great synthesizer" of seemingly disparate philosophical and constitutional commitments. Drawing upon the natural rights tradition of early classical liberalism as envisioned by John Locke, Wilson insisted that the new federal government be as democratic and broadly reflective of "We the People" as possible. Drawing upon the law of nations tradition as articulatedp articularlyb y Cicero, he …
Bankruptcy & Commercial Law, Sally M. Henry
Bankruptcy & Commercial Law, Sally M. Henry
SMU Annual Texas Survey
This Article analyzes and discusses cases—arising from the U.S. Court of Appeals for the Fifth Circuit, the Bankruptcy Courts in Texas, the Texas Supreme Court, and the Texas Courts of Appeals—that resolved some fascinating and important issues in the areas of bankruptcy and commercial law during this Survey period.
Criminal Procedure: Confessions, Searches, Seizures & Suppression Issues, Barbara Parker Hervey, Carson Guy
Criminal Procedure: Confessions, Searches, Seizures & Suppression Issues, Barbara Parker Hervey, Carson Guy
SMU Annual Texas Survey
This Article analyzes and discusses the most impactful Texas Court of Criminal Appeals cases involving the law of criminal procedure decided during this Survey period. Broadly, this Article addresses two of criminal procedure’s main subject areas—confessions and searches and seizures.
Franchise Law, Deborah S. Coldwell, Kristina Pierre-Louis, Wes Dutton, Sam Mallick, Alexander Clark, Wilson Miller, Joe Pinto
Franchise Law, Deborah S. Coldwell, Kristina Pierre-Louis, Wes Dutton, Sam Mallick, Alexander Clark, Wilson Miller, Joe Pinto
SMU Annual Texas Survey
The 2022 Annual Texas Survey on Franchise Law presents an assortment of novel and familiar legal issues in Texas state and federal courts. This year’s Survey period contains decisions favorable to franchisors, franchisees, and third parties associated with franchised businesses on disputes involving intellectual property rights, enforceability of forum selection clauses, the essential elements of common law and statutory claims, and remedies available to franchise parties involved in litigation, among other issues. As in prior years, the Survey showcases developments in franchise law that serve as helpful reminders to practitioners advising parties involved in any stage of a franchise relationship.
Insurance Law, J. Price Collins, Janet Tolbert, Ashley Gilmore
Insurance Law, J. Price Collins, Janet Tolbert, Ashley Gilmore
SMU Annual Texas Survey
This Article describes and analyzes major developments in insurance law that occurred in Texas between December 1 and November 30 of 2022.
Oil, Gas & Mineral Law, Austin W. Brister, Logan Jones
Oil, Gas & Mineral Law, Austin W. Brister, Logan Jones
SMU Annual Texas Survey
This Article summarizes, sorts, and discusses the most impactful cases relating to oil, gas, and mineral law in Texas decided by the Texas Courts of Appeals and the Texas Supreme Court during the Survey period.
Constitutional Text, Founding-Era History, And The Independent-State-Legislature Theory, Dan T. Coenen
Constitutional Text, Founding-Era History, And The Independent-State-Legislature Theory, Dan T. Coenen
Scholarly Works
One question raised by proponents of the so-called independent-state-legislature theory concerns the extent to which state courts can apply state constitutional requirements to invalidate state laws that concern federal elections. According to one proposed application of the theory, state courts can never subject such laws to state-constitution-based judicial review. According to another application, federal courts can broadly, though not invariably, foreclose state courts from drawing on state constitutions to invalidate federal-election-related state legislation. This article evaluates whether either of these positions comports with the original meaning of the Constitution. Given the article’s focus on the originalist methodology, it directs attention …
National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble
National Federation Of Independent Business V. Sebelius, 567 U.S. 519 (2012), Elizabeth Weeks, Mary Ann Chirba, Alice A. Noble
Scholarly Works
In National Federation of Independent Business v. Sebelius, decided in 2012, twenty-six states as well as private individuals and an organization of independent businesses challenged the constitutionality of two key components of the Affordable Care Act. The Court upheld the individual mandate but converted the Medicaid eligibility expansion from mandatory to optional for states. Elizabeth Weeks’ feminist rewrite breaks down the public law-private law distinction to get beyond the traditional view of health insurance as a commercial product providing individual financial protection against risk and instead to view it as effecting a risk pool premised on cross-subsidization of the health-care …
Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford
Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford
Scholarly Works
Climate policy increasingly focuses on pathways to achieving net zero greenhouse gas emissions by 2050, providing a clear standard against which to evaluate energy system planning. Examining the current and projected fuel mix of the electric power sector in the southeastern United States shows that an ongoing transition to natural gas for electricity risks locking in decades of greenhouse gas emissions at levels fundamentally incompatible with net zero goals. Furthermore, southeastern regulatory proceedings are not well designed to engage with this reality, although useful regulatory models are emerging. Natural gas will remain an important part of the southeastern fuel mix …
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Scholarly Works
At a time when many international organizations are focusing on bringing companies on board as partners for important goals like climate mitigation and adaptation, but even shareholders of major multinational companies are seeking to discipline pernicious lobbying by trade associations, it is important to evaluate how to maximize the benefit and restrain the harms of business participation in international governance. This article offers a brief history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining the participation of those groups, and develops a five-part framework for regulations to govern their access.