Law Commons^™

In Lieu Of The Nlra, Gali Racabi

Cornell Law Faculty Working Papers

The National Labor Relations Act (NLRA) deteriorates from constitutional attacks and political sabotage. As labor law buckles, its preemption regime, a keystone of U.S. labor governance, has become unsustainable. This Article argues that labor law must flip its federal default by empowering and expanding state-level labor institutions and expanding gaps in NLRA preemption doctrine. Eighteen states already maintain NLRA-like statutory frameworks, and fourteen more recognize workers’ rights to unionize and act collectively as a state public policy. These under-examined laws hint at an alternative labor governance model in lieu of the NLRA.

Building on emerging preemption challenges, weaknesses in federal …

Online Child Sexual Grooming: Understanding The Origins And Problems Within The Criminal Justice System, Tara Kristich

Doctoral Dissertations and Projects

Grooming children for sexual abuse is complex and challenging to understand because it is constantly evolving due to technology. Prior to the eruption of social media and internet platforms, predators typically had to be in a position to gain access to children or be close to a family with children to sexually groom, abuse, and exploit children. Technology has enabled predators to have instant access to children through chat applications and various internet platforms globally. This qualitative study explored the current platforms that impact child sexual victimization, the impact on victims' mental health, and the laws pertaining to online child …

Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Intellectual Property Inequality Alleviation, Daniel Benoliel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Practical Considerations In View Of The Federal Circuit’S Restrictive View Of Collateral Estoppel In Kroy Ip, Timothy Maloney, Alvaro Cure Dominguez

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Salvage Operation: A Guide To Recovering Claims After An Adverse Ipr Final Written Decision, Thomas J. Scott Jr., Timothy D. Dorney

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Wading In Alligator Infested Waters: An Analysis Of Indemnification Provisions In College Athletic Coaching Employment Agreements, Mark T. Wilhelm, Danielle A. Clifford

Texas A&M Law Review

College athletic coaches have always been under pressure from countless sources, whether that is recruiting new student-athletes, managing booster relations, or simply trying to win games. But recent rule changes that permit student-athletes to profit on their name, image, and likeness rights have brought to the forefront additional pressures on coaches as there are now questions about whether, and to what extent, coaches have personal liability for their acts or omissions in their roles as coaches and in capacities adjacent to their coaching roles. This Article uses as a case study a lawsuit brought against college football coach Billy Napier …

Rethinking Ohio Mandated Reporting For Child Neglect, Stephanie L. Ash

Et Cetera

This article briefly outlines the history and harm of family separation, reviews applicable federal and Ohio laws concerning child neglect and screening guidelines for investigation, and examines the social justice implications of rethinking mandated reporting requirements and implementing alternatives to protect children from systemic oppression and violence from the family policing system.

Front Matter

Osgoode Hall Law Journal

Volume 61, Number 3

A Culture Of Justification: Vavilov And The Future Of Administrative Law By Paul Daly, Jordana Borzellino

Osgoode Hall Law Journal

ON DECEMBER 19TH, 2019, the Supreme Court of Canada (SCC) handed down one of the most influential cases of the decade in Canada (Minister of Citizenship and Immigration) v Vavilov. From an FBI raid to uncovering secret Russian spies, it is not often that Canadian administrative law deals with such an exhilarating situation. However, for the respondent, Alexander Vavilov, this was the situation that jolted him into the throes of administrative legal reform in Canada.

The Enduring Significance Of Nuanced Ideological Voting In The Supreme Court Of Canada, C. L. Ostberg, Matthew E. Wetstein

Osgoode Hall Law Journal

THE CHARTER REVOLUTION IN CANADA has ushered in a new era of politics on the Supreme Court of Canada that places the Court at the centre of controversial policy questions that are fundamental to a democratic society. Through its early Charter rulings, the Court advanced a host of rights and liberties claims resulting in the charge that it had become far more activist. This shift exemplifies a broader pattern occurring across high courts around the world in the late twentieth century that some scholars describe as the growing judicialization of politics. The Court’s increased role in reviewing government policy has …

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

Osgoode Hall Law Journal

In 2019, two Roma-Hungarian travellers were prevented from boarding their flight to Canada. Even though their documents were in order and their travel was legitimate, they were singled out for examination and extra scrutiny. This article—relying on new evidence produced in a series of legal proceedings—shows how Canada has implemented a de facto system of racial profiling in airports overseas. This program was not built overnight, but produced by a series of historical accretions, all organized around the idea that potential refugees can be detected by their race. This article shows how Canada, to deter asylum seekers, has conscripted private …

Shari’A, Inshallah: Finding God In Somali Legal Politics By Mark Fathi Massoud, Danyal Maqbool

Osgoode Hall Law Journal

Shari’a, InshAllah: Finding God in Somali Legal Politics (“Shari’a InshAllah”), written by Mark Fathi Massoud, professor of politics and legal studies at the University of California, Santa Cruz, is a compelling and fascinating work chronicling the relationship between law, religion, and politics in the context of Somalia’s recent history. In this book, Massoud explores the inextricability of religion from Somali legal politics as the country grapples with its colonial and post-colonial legacies and relationships to power in a society where God serves as a conduit for both faith and aspirations of self-determination. In a region where distrust of Western institutions …

A History Of Law In Canada, Volume Two: Law For The New Dominion 1867–1914 By Jim Phillips, Philip Girard, And R. Blake Brown, Johnathon Cruickshank

Osgoode Hall Law Journal

DID YOU HEAR THE ONE about the Supreme Court of Canada justice owing the Prime Minister five thousand dollars? No, this is not the set-up of a cheesy law school joke nervously told at a pub night mixer. Rather, it was a shockingly true occurrence in the Laurier era that goes to show how drastically different (and a tad more corrupt) our legal system was over one hundred years ago. While not all the historical points of interest are juicy revelations concerning public officials, A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 wraps an …

Recognizing The Charter Value Of Employee Freedom Of Association At Common Law, Kevin Banks

Osgoode Hall Law Journal

This article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments of that freedom, and unless they are necessary to similarly important common law values, eliminate them where it is possible to do so within courts’ powers to incrementally change it. A number of such paths are open. If asked to do so, courts probably can and should provide Canadians with a common law of employment …

Reply To Review Of Assisted Suicide In Canada, Travis Dumsday

Osgoode Hall Law Journal

I AM VERY GRATEFUL to the editors of the Osgoode Hall Law Journal for their invitation to submit a response to the journal’s review of my book, Assisted Suicide in Canada: Moral, Legal, and Policy Considerations. That review appeared in its spring 2023 issue.

Collaborative Class Zine: Weekly Reflection Assignment With Powerpoint Template, Brett Whysel

Open Educational Resources

Abstract

This collaborative class zine assignment uses a shared PowerPoint format to deepen student learning while building community. Students contribute visual reflections (graphics, diagrams, quotes, or doodles) weekly or periodically throughout the semester. Faculty provide reflection prompts about key takeaways and unclear concepts (sample prompts included). The resource includes both sample LMS instructions and a ready-to-use PowerPoint zine template that works across all disciplines. By combining metacognitive reflection with creative expression, students consolidate learning by finding new connections and applications. The collaborative format creates community connections and joy while students learn from peers' diverse perspectives.

Sentencing Vulnerability: Conceptualizing The Incorporation Of Personal Characteristics And Experiences At Sentencing, Adelina Iftene

Osgoode Hall Law Journal

Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a sentence will be experienced by an individual. While Characteristics and Experience-Sensitive Sentencing (CESS) already exists in various forms and to various degrees in sentencing theory and praxis, a more cohesive, comprehensive, and principled CESS remains wanting. Building on existing approaches, this article locates CESS as a necessary response to equality-based concerns arising from current mainstream sentencing practice. Thus, …

Studying Religious Symbols And Bias In Court Proceedings, Nicholas A.R. Fraser, Colton Fehr

Osgoode Hall Law Journal

MOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which identifies dispositional and situational triggers allowing researchers to more precisely define and measure religiously motivated bias. Second, we show that mock jury experiments with video-based treatments simulating audio-visual cues are more likely to produce reliable findings relative to text-based studies. Third, we present the first empirical evidence of how mock jurors react to courtroom oaths. Our …

Does Lady Justice Need A Sword? Indictment: The Criminal Justice System On Trial By Benjamin Perrin, Noel Semple

Osgoode Hall Law Journal

LADY JUSTICE CAN OFTEN BE FOUND, in statue form, in or near courthouses. This symbol of the Western justice system is blindfolded to show neutrality. She carries a scale to weigh facts and arguments fairly. Sometimes, she also holds an olive leaf to symbolize mercy and healing. A sword is the other accessory that Lady Justice invariably carries. The sword is a ubiquitous part of this symbol because most people believe that justice in general, and criminal justice in particular, necessarily involves inflicting pain upon wrongdoers.

Allocative Justice As A Constraint On Fiscal Imperialism In International Tax, Okanga Ogbu Okanga, Kim Brooks

Osgoode Hall Law Journal

Taxpayers’ cross-border activities often result in two (or more) states claiming the right to tax their income. To address concerns about how those tax liabilities might aggregate and suppress international activities, states typically agree to split the tax base between them. But how can states fairly share tax revenue from cross-border activities? Tax scholars and policymakers offer different normative perspectives to address this inter-nation equity conundrum. In this article, we conceptualize these normative perspectives into two types. One centres on identifying where the economic factors that lead to the ability to produce the income are located (and uses that determination …

When Culture Becomes Law: Mayan Heritage And The New Constitutional Recognition Of Collective Rights In Mexico, José Israel Herrera, Victor Manuel Colli Ek

Journal of Maya Heritage

Abstract. The constitutional reform of September 30, 2024 to article 2 marks a substantive change in the recognition of indigenous peoples as subjects of public law, with their own patrimony, valid normative systems and express right to conserve, protect and develop their cultural, material and immaterial heritage. This article analyzes the legal implications of this reform in the context of the Maya people, especially with regard to collective intellectual property, the right to prior consultation and the constitutional recognition of bioculturality. A critical reading of the new normative framework is proposed, with emphasis on its transformative potential for the territorial …

Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B

Theses and Dissertations

From the abstract idea of Dharma that enabled the practice and sustenance of local custom and usage, law was defined without verbiage but in meanings and understandings. In the colonial age, law was constantly being defined and codified not just textually, but through projects of economies of politics, knowledge and power in a way that their transactional metrics produced social and cultural genres that changed India forever. In that state of play, lawyers and their associated players contributed to the emerging culture of power and dominance with their tool of making the law through cases and mainstreamed the colonial legal …

A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza

MUSC Theses and Dissertations

Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …

Deepfakes Deconstructed, Jacob Noti-Victor

Articles

With the rapid advancement of photorealistic generative Al technology, the problem of sexually explicit deepfakes has grown more urgent than ever. Thanks to widely available Al systems, users can now easily create images that appear to depict real people engaging in sexual acts. Not only have Taylor Swift and other celebrities been targeted, but deepfakes are also now alarmingly prevalent in American schools.

Digital Evidence As A Means Of Proof In Criminal Proceedings In The Uae, Dr.Khaled Ramadan Soltan

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

This paper addresses key issues related to the admissibility of digital evidence—a pivotal concern in modern legal proceedings. The use of such evidence is fraught with challenges, particularly due to the rapid technological changes and heightened concerns surrounding electronic data privacy. In the criminal justice system, these challenges can impact the admissibility of evidence, its presentation in trial, and the charging and resolution of cases.

This study examines the difficulties of admitting digital proof before the UAE judiciary. Considering the trend towards the digital world as an alternative to the tangible world, interest is increasing in the extent of the …

Role-Playing For Learning: Enhancing Skills In Doctrinal Courses, Yael Efron, Nellie Munin

DRI Press

This book addresses the need that educators have to make theoretical concepts tangible. Teachers across various subjects and educational settings grapple with the challenge of communicating abstract ideas to diverse audiences while aiming to ignite curiosity and sustain engagement. The authors offer their insight into the method of role-playing in various law courses in a highly diverse class. The book contains thirteen simulations with teaching notes, along with the theoretical background for this method of teaching.

This is the first in a series of skills books published as part of Mitchell Hamline School of Law’s Laboratory for Advancing Dispute Resolution …

Table Of Contents & Masthead, Karina Grobman

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman

Pepperdine Dispute Resolution Law Journal

Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …