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Articles 9301 - 9330 of 10992
Full-Text Articles in Law
The Truth Should Never Be Illegal: The Evils & Unconstitutionality Of Ag-Gag Laws And The Need For Reform, Melanie Egas
The Truth Should Never Be Illegal: The Evils & Unconstitutionality Of Ag-Gag Laws And The Need For Reform, Melanie Egas
Student Works
No abstract provided.
Rational In Theory, Toothless In Fact: How Turner V. Safley Gutted The First Amendment, Christian G. Moreira
Rational In Theory, Toothless In Fact: How Turner V. Safley Gutted The First Amendment, Christian G. Moreira
Student Works
No abstract provided.
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights, Nick Wolfram
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights, Nick Wolfram
Student Scholarship
In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …
The Constitutionality Of The Privatization Of The Prison Industry, Eric Gallant
The Constitutionality Of The Privatization Of The Prison Industry, Eric Gallant
Student Works
No abstract provided.
Comparative Analysis Of Two Data Privacy Regulatory Schemes: The Gdpr And The Ccpa, Sean Bradley
Comparative Analysis Of Two Data Privacy Regulatory Schemes: The Gdpr And The Ccpa, Sean Bradley
Student Works
No abstract provided.
“The Copyright Claims Board: Based On The First Six Months Of Claims, Are Early Trends Proving Proponents Or Opponents Correct?”, David J. Cassidy
“The Copyright Claims Board: Based On The First Six Months Of Claims, Are Early Trends Proving Proponents Or Opponents Correct?”, David J. Cassidy
Student Works
No abstract provided.
New York’S Domestic Violence Survivors Justice Act: A Second Chance For Survivors Or An Unattainable Freedom?, Kaitlyn D’Onofrio
New York’S Domestic Violence Survivors Justice Act: A Second Chance For Survivors Or An Unattainable Freedom?, Kaitlyn D’Onofrio
Student Works
No abstract provided.
Nfts Are Confusing: Addressing The Likelihood Of Confusion Inquiry In The Nft Context, Nathan Glazer
Nfts Are Confusing: Addressing The Likelihood Of Confusion Inquiry In The Nft Context, Nathan Glazer
Student Works
No abstract provided.
Creditor-On-Creditor Violence: An Analysis Of Uptier Exchange Transactions, Lance Fischer
Creditor-On-Creditor Violence: An Analysis Of Uptier Exchange Transactions, Lance Fischer
Student Works
No abstract provided.
Resolving The Tension: Using Behavioral Law And Economics To Build Criminal Attempt Standards, Reilly S. Hobson
Resolving The Tension: Using Behavioral Law And Economics To Build Criminal Attempt Standards, Reilly S. Hobson
Student Works
No abstract provided.
Putting The Action In Affirmative Action: Outreach As A Means Of Addressing Diversity, Zoë Connell
Putting The Action In Affirmative Action: Outreach As A Means Of Addressing Diversity, Zoë Connell
Student Works
No abstract provided.
Offtake And Transportation Agreements In Carbon Capture Utilization And Storage Projects, Tade Oyewunmi, Ryan Haddad
Offtake And Transportation Agreements In Carbon Capture Utilization And Storage Projects, Tade Oyewunmi, Ryan Haddad
Wyoming Law Review
The aim of reaching a low or net-zero carbon emissions economy sustainably within the medium to long term requires technologies that capture carbon dioxide emissions from industrial, manufacturing, and energy-related point sources. Applying carbon capture, utilization, and storage (CCUS) systems in these sectors can help reduce the emissions intensity of products, services, and energy production that cannot be efficiently or reliably produced otherwise. In this regard, offtake and transportation agreements serve as key instruments for negotiating the terms and conditions for the transfer of captured carbon oxides, including delivery and subsequent use or sequestration. CCUS projects are designed to capture …
The Gate Keepers Of Trucking Safety: Keeping Motor Carriers Accountable For Their Negligent Employment Actions, Benjamin B. Hoyer
The Gate Keepers Of Trucking Safety: Keeping Motor Carriers Accountable For Their Negligent Employment Actions, Benjamin B. Hoyer
Wyoming Law Review
In an America which has become more dependent than ever on the transportation industry, a common law rule known as the McHaffie rule barricades the tort system from its candid operation. Americans trust the tort system with assessing and distributing fault among numerous actors in complicated factual scenarios. For the system to do this, all the facts and all the parties must be permitted to traverse through the tort system. The McHaffie rule, however, allows motor carrier principals a rather peculiar luxury: the dismissal of all direct negligence claims against them when they admit vicarious liability for their driver agents. …
Out Of Hand: Why Federal Protection Of Biometric Privacy Is A Pressing Issue In U.S. Employment, Emily Harmon
Out Of Hand: Why Federal Protection Of Biometric Privacy Is A Pressing Issue In U.S. Employment, Emily Harmon
Wyoming Law Review
The practice of using biometric identifiers such as fingerprints, facial recognition, and eye scans in place of usernames and passwords is becoming widespread in the workplace. Because of the lack of federal protection, employers may compel employees’ participation in biometric-enabled systems as a term of employment. A person’s biometric data cannot be replaced and is often linked to personal and financial accounts. Additionally, employers collecting biometric data often rely on third parties for information technology service and storage. Biometric data collection creates the potential for data breaches, for system malfunctions, and for third parties to learn additional information about the …
Let The Sun Shine: Methods For Expansion Of Small-Scale Solar Electricity To Reduce Fossil Fuel Dependence, Ease Financial Energy Burdens, And Enhance Community Resiliency, Kara Consalo
Journal Publications
With so many benefits to solar electricity generation, it behooves state and local governments across America to explore laws and policies which encourage small-scale solar deployment. To help guide development of such laws and policies, Part I of this Article will explain the mechanics and the financing involved with the installation, operation, and maintenance of an on-site solar system. Part II explores the unique benefits and challenges of small-scale solar usage in low-income and weather vulnerable communities. Part III explains the legal and financial governance of American electric companies and how existing frameworks may lead utilities to erect hurdles to …
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
Journal Publications
This Article is organized chronologically, in an effort to more effectively reflect the nearly identical fact patterns, timelines, and intersecting opinions of these cases. Part I provides the factual background of both cases. Part II summarizes the substantial preliminary litigation in Grimm; Part III examines the district court ruling in Adams; Part IV analyzes the summary judgment ruling in Grimm. Part V covers Adams’ first appellate ruling; Part VI discusses the Fourth Circuit’s ruling in Grimm three weeks later, and Part VII considers the aftermath of that decision. Parts VIII and IX explore the second panel ruling in Adams and …
Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin
Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin
Journal Publications
The Leandro case serves as a critical case study highlighting the limitations of litigation in addressing educational inequities, particularly in states committed to undermining public education. Despite the judiciary's constitutional role as an independent check on legislative actions, the politicization of state supreme courts has transformed them into partisan entities. This shift erodes public trust in the legal process and disproportionately harms marginalized groups, many of whom have historically relied on the courts to safeguard their constitutional rights, including equitable access to public education. The Leandro case underscores the challenges of achieving meaningful educational reform through litigation in a highly …
Suppressing Learning About Race And Law: A New Badge Of Slavery? – A Brief Commentary, Leroy Pernell
Suppressing Learning About Race And Law: A New Badge Of Slavery? – A Brief Commentary, Leroy Pernell
Journal Publications
[There is a war being waged against African Americans, and their ability to speak out against racial injustice, which is more intense than any past attempt at suppression, since post-reconstruction in America. This war has been characterized by state legislative initiatives aimed at denying consideration or discussion of Critical Race Theory. Under the guise of “Anti-WOKE,” states, such as Florida have sought not only to prevent serious discussion of Critical Race Theory, but to broaden the attack to deny advocacy or discussion of the more general issue of systemic role of race in our understanding of American jurisprudence, as well. …
Cumming V. Richmond County Board Of Education: The Great Dissenter’S Great Betrayal,, Mark Dorosin
Cumming V. Richmond County Board Of Education: The Great Dissenter’S Great Betrayal,, Mark Dorosin
Journal Publications
No abstract provided.
Machines Make Mistakes Too: Planning For Ai Liability In Contracting, Mark Sayre, Kyle Glover
Machines Make Mistakes Too: Planning For Ai Liability In Contracting, Mark Sayre, Kyle Glover
Journal of Law, Technology, & the Internet
Recent advances in artificial intelligence have set off a frenzy of commercial activity, with companies fearful that they may fall behind if they are unable to quickly incorporate the new technology into their products or their internal processes. At the same time, numerous scholars from the machine learning community have warned of the fundamental risks that uninhibited use of artificial intelligence poses to society. The question is not whether artificial intelligence will cause harm, but when, and how. The certainty of future harm necessitates that legal scholars and practitioners examine the liability implications of artificial intelligence. While this topic has …
Tiktok, Copyright, And Justice, Brittany Morris
Tiktok, Copyright, And Justice, Brittany Morris
Journal of Law, Technology, & the Internet
In 2019, the Copyright Office refused registration for two "dances" that were highly recognizable and traceable to specific individuals. The "Carlton" was refused because it is a "simple routine that is not registrable as a choreographic work." The "Milly Rock" was also refused registration on the same grounds. Epic Games was selling the dances as an add-on to its wildly popular video game, Fortnite, which primarily derives profits from microtransactions. The app TikTok is experiencing an analogous problem. In July 2021, Black Creators were on strike from the app.1 They alleged that the original dances they created for the app …
The Professionalized Violence Of Prosecutorial Power And Misconduct, Bina Ahmad
The Professionalized Violence Of Prosecutorial Power And Misconduct, Bina Ahmad
City University of New York Law Review
The U.S. legal system is a colonizer’s system constructed to uphold power and protect the powerful. For radical lawyers, it is the language of power we need to speak and understand to protect ourselves and our communities from this violence. As law enforcement actors, prosecutors are arguably the most powerful actors in our criminal legal system, able to ruin people’s lives at will and with absolute immunity to protect them from any accountability for any misconduct. Even with professional attorney ethics rules and state bar grievance committees tasked with holding attorneys to these ethics rules, prosecutors are still rarely disciplined. …
Telehealth In Reproductive Health Care: A New Frontier In The Fight For Abortion Access, Katie Corwin
Telehealth In Reproductive Health Care: A New Frontier In The Fight For Abortion Access, Katie Corwin
City University of New York Law Review
The COVID-19 pandemic played a crucial role in establishing the use of telehealth in all aspects of health care with one huge exception: abortion. Conservative politicians often do not categorize abortion as health care, leading to a stark contrast in the treatment of reproductive health care, particularly in terms of telehealth availability. This Comment examines state laws relating to telehealth abortion, how lawmakers restrict access to abortion by attacking telehealth abortion, and the resulting legal uncertainty for patients and practitioners. The central argument of this Comment is that legally protecting and expanding telehealth is imperative for increasing access to reproductive …
Combatting The Sexual Abuse To Prison Pipeline: Eliminating The Sex Offender Registration Requirement For Children Who Have Been Victims Of Sexual Abuse, Katherine I. Puzone
Combatting The Sexual Abuse To Prison Pipeline: Eliminating The Sex Offender Registration Requirement For Children Who Have Been Victims Of Sexual Abuse, Katherine I. Puzone
City University of New York Law Review
A recent study entitled The Sexual Abuse to Prison Pipeline: The Girls’ Story published by The Human Rights Center for Girls, the Georgetown Law Center on Poverty and Inequality and the Ms. Foundation for Women highlighted the correlation between high rates of sexual abuse of girls and girls’ involvement in the juvenile justice system. Sexual abuse is one of the most accurate predictors of girls’ entry into the juvenile justice system. Girls under eighteen are at very high risk of becoming victims of sexual violence. One in four American girls will experience some sort of sexual violence before the age …
Agentes Artificiales En Las Juntas Corporativas, Sergio Alberto Gramitto Ricci, David Cordero-Heredia, Carlos A. Carillo-Jaramillo
Agentes Artificiales En Las Juntas Corporativas, Sergio Alberto Gramitto Ricci, David Cordero-Heredia, Carlos A. Carillo-Jaramillo
Faculty Works
Miles de afios atras, empresarios romanos gestionaban negocios conjuntos a traves de esclavos altamente inteligentes de propiedad comun. Los esclavos romanos no tenfan plena capacidad legal y eran considerados propiedad de sus duefios comunes. Ahora, las corporaciones buscan delegar la toma de decisiones a maquinas superinteligentes mediante el uso de inteligencia artificial en las juntas corporativas. La inteligencia artificial podrfa asistir, integrar e incluso reemplazar a los directores humanos. Sin embargo, el concepto de usar inteligencia artificial en las juntas directivas esta, en gran medida, inexplorado y plantea varios problemas. Este artfculo arroja luz sobre los desaffos legales y de …
Partisan Judges, Steve Leben
Partisan Judges, Steve Leben
Faculty Works
This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others …
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Front Matter, Jtaa Editors
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor’S Note, Jessica Vedrani
Editor’S Note, Jessica Vedrani
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.