Law Commons^™

Autonomiczna Wymiana Informacji Jako Ograniczenie Konkurencji Ze Względu Na Cel Glosa Do Wyroku Trybunału Sprawiedliwości W Sprawie Instytucji Kredytowych W Portugali (C-298/22), Kamil Dobosz

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

The commented case pertains to the exchange of information that took place over many years, by basically all significant credit institutions in Portugal. Unlike other instances of the exchange of information, the latter had a standalone character in this case, as it did not serve or facilitate another, main anticompetitive behavior, which would amount to a concerted practice or agreement. The key to this case was to establish whether a mere exchange of information may amount to unlawfulness. While for the sake of a restriction ‘by effect’, an in-depth effects- -oriented analysis thereof appears obvious, the Court of Justice had …

Report From The 3rd National Copyright Conference In Honour Of Professor Elżbieta Traple, Kraków, 20 September 2024, Paweł Podrecki

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

Krakow, 20 September 2024

Entire Issue Vol. 13 No. 4

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

Vol 13(4)

The Contemporary Tax Journal Volume 13, No. 2 – Winter 2024

The Contemporary Tax Journal

No abstract provided.

The 40th Annual Tei-Sjsu High Tech Tax Institute Conference On Nov. 4-5, 2024: Ai In The Corporate Tax Department - Let’S See It!, Raymond Clark

The Contemporary Tax Journal

No abstract provided.

The 40th Annual Tei-Sjsu High Tech Tax Institute Conference On Nov 4-5, 2024: The Future Of The Corporate Tax Department, Cynthia Flores

The Contemporary Tax Journal

No abstract provided.

Afghan Allies In Limbo: Discrimination In The U.S. Immigration Response, Lindsay M. Harris, Yalda Royan

San Diego Law Review

After the fall of Kabul in August 2021, the U.S. government airlifted an estimated 120,000 people to safety from Afghanistan. An airlift of this scale was unprecedented, but also woefully inadequate as a solution to the Afghan humanitarian crisis. This Article, a contribution to participatory law scholarship, is written by a U.S. law professor and immigration expert and an Afghan woman evacuated from Afghanistan in 2021 and analyzes the United States’s immigration response to the Afghan humanitarian crisis following the Taliban takeover. While the United States granted humanitarian parole for two years to approximately 76,000 individuals, permitting them to enter …

V. 61-4, 2024 Masthead

San Diego Law Review

No abstract provided.

Deadly Deterrence: Border Patrol Authority, Pursuits, And Deported Witnesses, Shaw Drake

San Diego Law Review

Since 1994, the United States has perpetrated a border policy based on the idea that tougher enforcement will mean fewer people will cross the border—termed “prevention through deterrence.” But this idea has never fulfilled its stated aim and has turned into something resembling a border ideology rather than a border policy based in fact and reality. The results have been deadly.

This Article examines a small slice of the results of this deadly border policy as it looks at Border Patrol vehicle pursuits and the deportation of those who witness Border Patrol misconduct. It also provides an overview of the …

Fentanyl, Narco-Terrorism, And National Security Politics, J. Richard Broughton

San Diego Law Review

This Article examines the use of a counterterrorism model to attack the fentanyl crisis. Rather than advocate for or against such a model, this Article envisions what employing a counterterrorism model against international drug traffickers would look like. Noting the dimensions of national security politics that intersect with counter-fentanyl policy, this Article will evaluate three distinct counterterrorism approaches: (1) using criminal counterterrorism statutes in federal indictments and prosecutions; (2) designating drug trafficking organizations as Foreign Terrorist Organizations (FTOs); and (3) authorizing the use of military force against Mexican cartels. While the current state of bellicose national security politics can inform …

Operational Solutions To Everyday Problems From Border Advocates At Jewish Family Service Of San Diego, Kate Clark, Reilly Frye

San Diego Law Review

Day in and day out, across administrations at all levels of government, a cadre of impassioned change agents, including advocates, service providers, community stakeholders, and grassroots organizations, are called to action to fight. Through exhaustion and fatigue, this group unequivocally continues to center humanity and uplift sustainable solutions.

As a “border attorney,” I have been proximate to this work and space for more than fourteen years, the entirety of which has been at Jewish Family Service of San Diego (JFS), a refugee resettlement organization, pro bono legal service provider, and operator of the San Diego Rapid Response Network Migrant Shelter …

The Uses Of The Border, Salvador G. Sarmiento

San Diego Law Review

It is a good and necessary time to discuss “American Law at the Border” to better understand and engage with the politics and laws ostensibly addressing U.S. borders. Let’s hope it is also an exercise in understanding the borders of U.S. law itself—the limits, the periphery, and the jagged edges. A discussion on American law at the border should make clear that what is considered at the margins—starting with migrant labor—is central to U.S. economic, legal, and political life.

The first section of this Article will discuss the political uses of the border, beginning with the most recent example of …

How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy, Muhammad Afif Ryan Pratama

Journal Of Middle East and Islamic Studies

This research explores the role of halal certification and Islamic ethics in addressing greenwashing within the financial sector. Greenwashing, the practice of exaggerating environmental responsibility, undermines genuine sustainability efforts and trust among consumers and investors. Islamic finance, based on principles of transparency, social justice, and ethical business practices, provides a robust framework to counter such deceptive practices. The study proposes expanding halal certification to incorporate environmental standards, ensuring that companies demonstrate both ethical and sustainable practices. This integrated approach offers a unique solution to combat greenwashing and aligns with broader sustainability goals. By including sustainability in halal certification, the credibility …

New York Times V. Sullivan: A Civil Rights Story, Samantha Barbas

Texas A&M Law Review

The 1964 Supreme Court decision in New York Times v. Sullivan established the “actual malice” rule in libel law, requiring that in order to win a libel suit, a public official must show that a defamatory statement was false and that the speaker made the statement knowing that it was false or “with reckless disregard of whether it was false or not.”

Sullivan involved a libel suit brought by segregationist Alabama officials against the New York Times (“Times”) and leaders of the civil rights movement. Sullivan arose from sectional battles over civil rights and integration in the 1960s. An all-white …

Federal Rule Of Evidence 702: A History And Guide To The 2023 Amendments Governing Expert Evidence, Mark A. Behrens, Andrew J. Trask

Texas A&M Law Review

Federal Rule of Evidence 702 was amended effective December 1, 2023. The Rule was amended to clarify and emphasize that expert testimony may not be admitted unless the proponent demonstrates to the court by a preponderance of the evidence that the proffered testimony meets all of the Rule’s admissibility requirements. The amendment was necessitated by decisions by many federal courts incorrectly applying the reliability requirements set forth in Rule 702(b) and (d) and declaring that expert testimony is presumed to be admissible. Rule 702 was also amended to prevent “overstatement” by experts. Rule 702(d) now emphasizes that an expert’s opinion …

Murder On The Hearsay Trail, Jeffrey Bellin

Texas A&M Law Review

Judges, lawyers, and law students struggle to apply American evidence law’s most distinctive feature—the hearsay prohibition. The problem is that hearsay is difficult to master and somewhat dull. At the same time, hearsay evidence is ubiquitous and important. Every litigator has a story about a judge’s eccentric hearsay rulings; mine is the trial judge who waved his hand dismissively at hearsay objections, letting witnesses answer on the grounds that “I want to hear it.” And the case law is littered with appellate opinions scolding trial judges for erroneous hearsay rulings while introducing errors of their own.

That is just the …

Capital Trifurcation, William W. Berry Iii

Texas A&M Law Review

The death penalty is disappearing in the United States. Annual executions remain under 25 per year, and new capital sentences per year have not exceeded 75 in over a decade.

Over the past two decades, however, a new kind of death sentence has emerged—life without parole (“LWOP”). In practice, LWOP and death sentences are functionally equivalent, as most death row inmates die of natural causes in prison, not execution. For both economic and moral reasons, most states are not actively executing prisoners.

Therefore, capital sentencing proceedings that focus on life versus death neglect the more consequential question—life without parole versus …

Massey V. Texas: Eroding The Exclusionary Rule And Incentivizing Police Misconduct, Geoffrey S. Corn, Brandon E. Beck

Texas A&M Law Review

In April 2023, the Texas Court of Criminal Appeals upheld the conviction of James Calvin Massey for possession of drugs discovered as a direct result of an unconstitutional Terry frisk. Ordinarily, with limited exceptions, the exclusionary rule prohibits the prosecution from using contraband discovered as a result of unconstitutional police action, akin to the situation Mr. Massey encountered. In fact, that’s exactly why the intermediate court of appeals reversed Mr. Massey’s conviction. When the Texas Court of Criminal Appeals reinstated Massey’s conviction, it broke new ground, holding that because Mr. Massey resisted the unconstitutional Terry frisk, his uncharged misdemeanor offense …

Exit Through The White House: Congressional Constraints On Unilateral Presidential Withdrawal From Treaties, Taylor R. Dalton

Texas A&M Law Review

When does the U.S. President have the constitutional authority to withdraw from a treaty unilaterally? Where the U.S. Constitution details the making but not the exiting of treaties, the U.S. Supreme Court has largely left the issue open for the political branches to resolve. Many scholars argue that modern practice supports a conclusion that the President has the practical—if not legal—power to withdraw unilaterally from an Article II treaty or congressional-executive agreement without the consent of Congress. This argument is largely premised on the claim that Congress has acquiesced to executive practice, providing a gloss on expansive executive power to …

Administrative Law's Unavailing Duties, Daniel Z. Epstein

Texas A&M Law Review

Through a novel empirical approach, this Article shows that legal doctrine does not determine whether federal courts provide remedies when agencies fail to enforce a statutory duty. Plaintiffs are most likely to succeed against the government when litigating statutory procedures located within agency-specific statutes and which raise major policy questions in immigration, healthcare, Native American rights, public housing, the environment, or labor. Others are more likely to lose against the government: plaintiffs litigating statutory violations involving procedures not specific to an agency, but which apply to officers and agencies throughout the bureaucracy. These cases involve duties governing ethics, transparency, recordkeeping, …

A Constitutional Right To Exclude Evidence, Colin Miller

Texas A&M Law Review

The Supreme Court has held that criminal defendants have a constitutional right to introduce evidence and a constitutional right to receive evidence, but it has never recognized a constitutional right to exclude evidence. Specifically, the Supreme Court has issued numerous rulings finding that the Due Process Clause demands that (1) defendants have the right to present a defense that trumps the rules of evidence; (2) the prosecution must disclose material exculpatory evidence to the defense; (3) the State has certain duties to preserve evidence so that it can be disclosed to the defense; and (4) any discovery obligations on defendants …

Doe V. Geller And Personal Jurisdiction Over Internet Activities, Elizabeth Kruse

Texas A&M Law Review

Personal jurisdiction is fundamental in American jurisprudence since it gives a court the power to bind parties with its ruling. Despite this subject’s mundane veneer, the concept is so complicated that it has inspired thousands of academic articles. A brief search on Westlaw under Law Reviews & Journals for the term “personal jurisdiction” yields nearly 10,000 results, while Lexis+ yields 14,662 for the same term. Even so, as the nature of human interaction has changed from in person, to in writing, to over the phone, and, most recently, to over the internet, the doctrine of personal jurisdiction has accommodated. Recent …

State Of Utah, Appellee V. Robert Kyle Payne, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Colleen K. Coebergh,

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

State Of Utah V. Alberto Frank Hernandez : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of aggravated assault, a third-degree felony; and obstructing justice, a class A misdemeanor; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Heather Brereton, presiding. Appellant is incarcerated.

CONNER NELSON (18064) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ERICK GRANGE (18000) Salt Lake Legal Defender Assoc. Attorney for Appellant

We The People, But Not You: The Eighth Circuit Says Undocumented Immigrants Are Not Part Of “The People” Who May Bear Arms, Caleb Kearney

Villanova Law Review (1956 - )

No abstract provided.

Public Disclosure And Its Impact On Ceo Compensation: Evidence Of Media Influence, Xin Zhao

Journal of Global Awareness

I examine the effect of the AFL-CIO executive paywatch identification on future CEO compensation. My findings indicate that the public disclosure of CEO compensation has a negative impact on subsequent changes in CEO pay. Additionally, I find that CEOs with ex-ante overpayment have experienced changes in their subsequent compensation. This paper contributes to the literature by documenting that firms respond to negative press coverage of CEO compensation, even after controlling for the mean reversion effect associated with high CEO pay.

Assessing State Laws And Regulations On Radon In Us Childcare Centers, Benjamin Poku, Sayed Hussaini

Journal of Global Awareness

In the US, radon is the second most significant contributor to lung cancer, following smoking. Despite this, there is a notable absence of state-level measures and guidelines aimed at managing and mitigating the risks associated with exposure to radon gas. The objective of this research was to investigate whether state-level laws regarding radon in childcare centers have a correlation with the proportion of counties in each state that fall under radon zone 1 (with levels exceeding 4 pCi/L). The research method was secondary analysis. Data was gathered from multiple sources, including the EPA radon website, academic journals, official state government …

Increasing Youth Engagement In Community Heritage And Social Justice Through Implementation Of A Youth Participatory Empowerment Model, Jancarlos Wagner-Romero, Mary Gillis, Lindsay Clemens, Amanda J. Dworak Rowland, Curlinda Mitchell-Blacksheep, Melanie Canaday-Talley

Journal of Multicultural Affairs

Youth in traditionally marginalized communities are often the target of policies and practices without the opportunity to provide input. This article highlights effective strategies to empower youth to become active participants in their communities. Using a Youth Participatory Empowerment Model (YPEM), youth participants from six demographically distinct communities engaged in YPEM-supported activities and strategies to identify and address a need within their community. To gain insight into successful strategies, qualitative data from pre and post implementation focus group interviews and observational field notes informed the conclusions. The participant youth represent tribal, undocumented, rural, suburban, and urban youth from underserved populations. …

Bench Stacking And Biases: The Icj’S Partial Decision In Yugoslavia V. Nato Members In Comparative Perspective, Jeffrey S. Bachman

Genocide Studies and Prevention: An International Journal

Since the Genocide Convention was adopted by the General Assembly in 1948, eight cases have been brought to the ICJ by invoking Article IX of the Genocide Convention as a basis of the Court’s jurisdiction. Only two cases have reached their conclusion based on the merits of the case, with others decided during preliminary proceedings, while still others remain ongoing. There have been numerous studies of ICJ impartiality, with particular focus on judges’ voting records, using large amounts of data to discern any trends and biases. This article is the first attempt to comparatively analyze ICJ genocide cases using an …