Law Commons^™

Termination Of Contracts Concluded By Entrepreneurs With Consumers For An Indefinite Period Of Time In The Light Of The Standpoint Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) In The Amazon Case, Michał Kalinowski

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

This article discusses the issue of permissibility of the termination of contracts concluded by entrepreneurs with consumers for an indefi nite period of time. The article presents the previous line of decisions of the President of the Offi ce of Competition and Consumer Protection (UOKiK) and the case-law of Polish courts concerning the so-called ‘valid reasons’ as a basis of such termination, both from the perspective of termination clauses and modifi cation clauses. This past practice is juxtaposed with the most recent position of the UOKiK President in the Amazon case, and the changes in the terms of service introduced …

Countering ‘Dark Patterns’ On The Example Of The Activities Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) In Poland, Damian Kazimierski

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

Online shopping is becoming an everyday occurrence for an increasing number of people, and many activities are moving online. With the spread of running day-to-day errands online, the knowledge of consumer behaviour on websites and mobile apps is also advancing. However, the experiences of cognitive psychologists and sociologists are becoming an incentive for website owners and graphic designers to use social engineering to get users to act in accordance with the will of the entrepreneur. The use of ‘dark patterns’ raises the need to counteract their effects on consumers. Several tools are available to supervisory authorities to counteract the use …

Reply Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth

Faculty Scholarship

Because the Probation Office “dropped the ball,” JA199, false information remained in Rocky Freeman’s pre-sentence report for years. The Bureau of Prisons knew or should have known that it was relying on an inaccurate PSR. Yet, it failed to take any action to obtain correct information until Freeman discovered that BOP had been treating him as if he were a contract killer who had murdered two victims—effectively punishing him for acquitted conduct contrary to a court order. Instead of designating Freeman to the lowest-security-level facility for which he was qualified within 500 miles of his family, the United States sent …

Mass Shootings In The United States, Sydney Livingston

Journal of Nonprofit Innovation

High rates of mass shootings are becoming a uniquely American problem; the US makes up 73% of the world’s mass shootings, yet makes up only 4.25% of the world’s population. School shootings, in particular, have increased dramatically in the US since the Columbine High School shooting in 1999, an event many perpetrators have since drawn upon as inspiration. There is a strong divide of opinions in the nation regarding how firearm deaths should be reduced, which has complicated and slowed progress in identifying effective solutions. Each mass shooting causes additional shootings to occur, and each one takes a toll on …

Tribes And Ai: Possibilities For Tribal Sovereignty, Adam Crepelle

Duke Law & Technology Review

Artificial Intelligence (AI) has permeated every facet of modern existence. Governments across the globe are exploring its applications and attempting to establish regulatory frameworks. Numerous scholars have proffered recommendations for governing AI at the local, national, and international levels. However, as is often the case, Indian tribes have been neglected in AI policy discussions. This oversight is significant because the 574 federally recognized tribes are sovereigns with their own judicial, education, and healthcare systems. Due to their relatively small populations and geographic isolation, tribes stand to benefit significantly from the services AI can perform. Moreover, tribes are uniquely well-suited to …

Effects Of Gerrymandering On State Social Policy, Gary D. Brinker

eJournal of Public Affairs

Partisan Bias occurs when an election results in a party gleaning a significantly different proportion of legislative seats than the proportion of votes cast for that party. It can be strategically produced via gerrymandering and is thought by many to threaten the basic principles of democracy. This research uses the 2022 state election results to compute statewide measures of Partisan Bias, then analyzes the correlation with controversial state social policies. Results showed that the redistricting method used and the percent of the party’s legislators were related to Partisan Bias. Analysis also showed that Partisan Bias explains significant levels of variance …

Table Of Contents

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

Table of contents

Legal Instrument Under The “Asean Way”: The Case Of Asean Convention Against Trafficking In Persons, Made Wirawan, Dian Novikrisna

Indonesian Journal of International Law

This study was mainly raised because of the contradictory situation between ASEAN’s informal practices, embodied in the ASEAN Way, and the emergence of the ASEAN Convention against Trafficking in Persons (ACTIP) as a legal instrument for the basis of formal cooperation. Hence, it is important to understand the current situation of the ASEAN Way on a legal instrument by examining how ACTIP conforms with the ASEAN Way principles and influences its compliance. Drawing on the concept of legalization as discussed by Abbott et al. (2000), the research employs a qualitative method and a case study approach to analyze ACTIP’s provisions …

Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih

Indonesian Journal of International Law

The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is …

De-Centrality Of Asean Law To Address Us-China Rivalry In The South China Sea, Salawati Mat Basir, Saidatul Nadia Abd Aziz

Indonesian Journal of International Law

Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty …

Analysis Of The Implications Of The Water Convention And Protocols For Water And Health, Ester Indahyani Jusuf, Tiurma Mangihut Pitta Allagan, Tris Eryando

Indonesian Journal of International Law

Many international conventions contain positive values for humanity, which are in line with the human rights values guaranteed by our country’s constitution. The Indonesian state constitutionally guarantees the right of every Indonesian citizen to live a healthy and prosperous life, including providing water for every Indonesian citizen. However, it turns out that the Indonesian State has so far chosen not to ratify or access the Water Convention and the Water and Health Protocol, the contents of which are the good intentions of the countries participating in the convention to maintain the availability and quality of world water. This article provides …

Single Maritime Boundary And Dual Maritime Regimes: Case Study Of Indonesia, Bebeb Abdul Kurnia Nugraha Djundjunan, Huala Adolf, Achmad Gusman Siswandi, Damos Dumali Agusman

Indonesian Journal of International Law

Various judgements of international tribunals have shown a trend of the use of Single Maritime Boundary (SMB) in solving maritime boundary disputes. The application of SMB by international tribunals are based on the submission of the parties in dispute, typically to simplify the maritime boundary delimitation process. The concept of the SMB line, which puts the Exclusive Economic Zone and Continental Shelf boundaries into one line, has grown into a deceptive perspective when taking into account that the provisions under the 1982 UNCLOS, particularly Articles 74 and 83, are the same. The application of SMBs is likely to be disadvantageous …

Domestic Implementation Of International Law In Indonesia And Thailand, Retno Kusniati, Prasit Aekaputra, Nhonlaphat Pitpiboonpreeya

Indonesian Journal of International Law

This study aimed to examine the challenges related to domestic implementation of international law by comparing practices in Indonesia and Thailand. When both countries participated as State Parties to international treaties, this participation had legal consequences not only in the relationship with other states but also in implementing obligations under the relevant treaties through a transformation process governed by the Constitutions. Although most countries regulate the transformation of international treaties within the constitutions, Indonesia does not have the provisions. In contrast, Article 178 of the Thai Constitution provided a process for transforming international treaties into Thailand domestic law despite certain …

Book Review: Welcome The Wretched: In Defense Of The "Criminal Alien", Matthew Boaz

Law Faculty Popular Media

Prof. César Cuauhtémoc García Hernández has spent more than a decade writing about the intersection of criminal law and immigration law. In his most recent book, Welcome the Wretched: In Defense of the “Criminal Alien,” he offers a bold proclamation – that immigration enforcement in the United States should be untethered from the criminal legal system. Grounding his argument are two equally important assertions: (1) tying deportation to perceived criminal activity does not make the United States any safer, and (2) migrants are people, “complicated and contradictory,” but worthy of consideration beyond their greatest missteps.

The Eu Geo-Blocking Regulation: A Commentary, Marketa Trimble

Media & Informal Publications

Professor Trimble delivered a presentation for the Centre for Legal Innovation and Digital Society at the Chinese University of Hong Kong. This was an invitation to present Professor Trimble's book The EU Geo-Blocking Regulation: A Commentary (Edward Elgar Publishing, 2024) at the university's 16th Law & Digital Society Book Talk.

A Study Of Civil Liability Views Of U.S. Midwestern Police, Daniel Hall, Morris Jenkins, Eric Lambert, Shanon L. Gillette, Yung Hyeock Lee

Justice, Law, and Public Safety Studies Department Faculty Conferences

In the past several years, there has been a greater social call for police officers to be civilly and/or criminally liable for their actions. It is unclear if concern for liability exists today among police officers and if this concern influences how officers interaction with community members. The current study explored the civil and criminal liability views of police officers and if officers feel that this liability changed how they provide services. Data for this survey came from a recent survey of police officers in the U.S. Midwest. The results will be presented and discussed

The Effects Of 401(K) Vesting Schedules—In Numbers, Samantha Prince, Timothy G. Azizkhan, Cassidy R. Prince, Luke Gorman

Faculty Scholarly Works

Many Americans terminate employment, voluntarily or involuntarily, prior to vesting in their 401(k) plans. This costs them a lot of money; it also saves companies a lot of money. Vesting schedules used by some 401(k) plans cause plan participants to forfeit significant portions of their compensation—employer contributions made on their behalf—that should be increasing their retirement savings. This money is recycled by such plans to offset their employer contribution obligations and other costs. We analyzed data from Form 5500s to identify trends in and implications of vesting schedule use by 408 single-employer 401(k) plans over the five-year period of 2018-2022. …

Coral Reef Protection Is Fundamental To Human Rights, Emma F. Camp, Irus Braverman, Genevieve Wilkinson, Christian R. Voolstra

Journal Articles

The intensifying loss of coral reefs from global climate change and local stressors has seen international commitments targeted at conservation and repair, for example the Kunming–Montreal Global Biodiversity Framework. Fulfilling these targets requires decisions to be made on where, when, and how to act, ultimately dictating where limited resources will be deployed. Every choice on action or inaction toward our ocean has direct and indivisible consequences not only for the health of marine ecosystems but also for the health of humans, particularly those who directly depend on marine habitats, both culturally and economically. The well-being of the environment, humans, and …

Selected U.S. Government Statistical Agencies And Their Data, Bert Chapman

Libraries Faculty and Staff Presentations

Provides introductory and detailed overview of U.S. Government agencies statistics. Includes examples of how an individual U.S. law authorizes government agencies to compile statistics for particular congressional committees and the general public. Statistics cover topics such as demography, defense, foreign assistance, economic growth, criminal justice, energy, Social Security, and Medicare.

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, Sarah Jenkins Dewey, Hannah Ector, Attorneys for Appellee Brianna Moyle

James Moyle V. Brianna Moyle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, USB 7068 Sarah Jenkins Dewey, USB 15640 Hannah Ector, USB 17980 PARSONS BEHLE & LATIMER Attorneys for Appellee Brianna Moyle

How Do You Like Your Books, Jessica Silbey

Faculty Scholarship

Do you ever wonder how it is that libraries can lend books repeatedly, while copyright owners (e.g., book authors) are granted the exclusive right to distribute their copyrighted works? Or how publishers make money selling books at retail prices when a person can resell books (or buy used books) for much less (hello Amazon Used Books for under a dollar!)? The reason is because of copyright’s “first sale” doctrine, 17 U.S.C. § 109, codifying the common law’s exhaustion principle, which says owners of lawfully made copies are allowed to dispose of those copies without regard to copyright law. In other …

واجب التسبيب كعنصر من عناصر الحق في الإدارة الجيدة "دراسة تحليلية في القانون الأمريكي والمقارن"

UAEU Law Journal

This study deals with the subject of the duty to reason as an element of good administration, and it analyzes the American experience in the field of duty to reason as the only model that was able to move the concept of reasoning administrative decisions from the proceduralist perspectives to the Rationalism perspectives. The Rationalism perspectives, in turn, is the focus and goal of good administration, which it is mainly focuses on controlling the exercise of the discretionary authority of administration and giving rationality to administrative action.

The study concluded that the American concept of the duty to reason is …

ماهية الملكة القانونية وتمييزها من غيرها وتقسيماتها

UAEU Law Journal

This study dealt with the legal apprehension, which is a thorny issue, as it is not based on legal rules and stable systematic results. The Legal Apprehension has multiple meanings and objectives for her association with all areas of legal creativity, in terms of legal opinions and proper judicial decisions, and the drafting of legislation that surrounds all legal aspects of community problems.

Given the Apprehension's legal connection to all different aspects of life, we have had to demonstrate its importance in enacting and interpreting legislation in line with the development of societies and the development of life that require …

ضوابط استخدام تقنية النانو في المجال الطبي: دراسة تأصيلية

UAEU Law Journal

The idea of this research is about the Nanotechnology's concept and applications in the Contemporary medical field, with presenting the benefits and the evils of this technology.

The research aimed at clarifying the legal rules of this issue citing evidence the legal evidence, the objectives of the Sharia, and the legitimacy rules.

In this research I've followed the inductive approach to collect the data and the information that is relevant to the topic, As well as the descriptive approach to illustrate the issue from the expert point of view, in addition the analytical approach to break the topic into issues …

الإطار القانوني للمعالجة الإلكترونية للبيانات الشخصية دراسة تحليلية مقارنة 2022

UAEU Law Journal

In order to ensure a high level of legal and technical protection for electronically processed personal data, legislation has established mechanisms to address the dangers resulting from the use of citizens’ personal data, and to legitimately combat the violation of their privacy and freedoms. As well as formulating obligations on the processor, the controller, and the data protection officer, and processing this data as they are among the active elements in the areas of dealing with personal data, whether by collecting, transferring, exchanging, storing, analyzing, or processing in any way.

Obliging institutions, entities and individuals that control and

process personal …

أركان القرار الإداري في عصر الذكاء الاصطناعي

UAEU Law Journal

This research deals with the extent to which the pillars of the administrative decision are available in the legal concept within the artificial intelligence system, through a review of the substantive and formal pillars, and an attempt to adapt them within the technical perception of them, to ensure their validity if those decisions are issued by artificial intelligence systems.

Where the formal pillars (represented in the corner of competence and the corner of form), as well as the substantive pillars (represented in the corner of the shop, the reason, the end) were presented to the general extent with

which it …

"They Just Looked At Me Like I Didn't Matter"- The Experiences Of Assaulted Lgbtq+ Women With The Police, Katherine Poehlmann

LLM Theses

Research reveals that LGBTQ+ women are subjected to high rates of sexual and gender-based violence (SGBV). It is widely known that most victim-survivors of SGBV do not report it to the police and when they do, they usually have negative experiences, often due to the influence of myths and stereotypes on police officers’ attitudes and conduct. LGBTQ+ communities are known to be subjected to a multitude of myths and stereotypes that perpetuate violence against them, particularly in the case of highly marginalized subgroups (e.g., trans women, bisexual women). Little attention has been paid, particularly in the Canadian context, to the …

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Join Dean Leslie and Professors Sam Weinstein, Matt Wansley and Jacob Noti-Victor for a discussion on IP and Innovation. Some of the topics discussed will be recent legal developments in the fields of antitrust, big tech, startups, venture capital and artificial intelligence, as well as any questions raised by student attendees.

The Limits Of Generative Ai In Administrative Law Research, Susan Azyndar

Journal Articles

The author recounts an administrative law classroom experience using generative AI. She considers the complexities of administrative law, AI training, professional responsibility, and traditional resources.