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2021

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Full-Text Articles in Law

Domestic Violence In Immigrant Communities: Case Studies (Punjabi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George Jun 2021

Domestic Violence In Immigrant Communities: Case Studies (Punjabi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Punjabi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …


Replacement Of The Transfer Act: The Impact Of Connecticut's Effort To Expedite Contaminated Site Remediation, Avery Bikerman Jun 2021

Replacement Of The Transfer Act: The Impact Of Connecticut's Effort To Expedite Contaminated Site Remediation, Avery Bikerman

Honors Scholar Theses

The scope of this thesis is to analyze the legal framework established by House Bill 7001 and Public Act 20-9, which revise provisions of the CT Transfer Act, and establish a release-based reporting program which will be administered upon the sunset of the original act. While any release that occurred prior to the Release Based Remediation Program adoption (regardless of discovery date) is still regulated by the original Transfer Act, any release that occurs subsequent to the adoption of the new program will be regulated by the Release Based Remediation Program. This study investigates the scope of the new release-reporting …


Plea Bargaining For The People, Daniel S. Mcconkie Jr. Jun 2021

Plea Bargaining For The People, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its well-known coercive aspects that warp case outcomes, ignores what I call “criminal justice citizenship.” This refers to the people’s privilege to participate on an equal basis in the criminal justice system. That participation strengthens our democracy, shores up the legitimacy of the system, and helps to ensure that the system, within constitutional …


No Consensus: Patchwork Remedies And The Health Crisis Linked To Ethylene Oxide Medical Sterilization Facilities, Staci L. Vazquez Jun 2021

No Consensus: Patchwork Remedies And The Health Crisis Linked To Ethylene Oxide Medical Sterilization Facilities, Staci L. Vazquez

Northern Illinois University Law Review

This article strives to provide an overview of the environmental health crisis surrounding medical sterilization facilities and examine the variety or “patchwork” of legal solutions involved. Part II of the article will discuss the dangers of ethylene oxide (EtO), how it is used for sterilization of medical equipment, and the health impacts that occur when emissions of the chemical are released into communities. Part III will explain how ethylene oxide is regulated, as well as the framework of federal, state, and local regulations. Part IV will demonstrate what happens when these mechanisms fail by discussing a recent environmental health crisis …


Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz May 2021

Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro May 2021

Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat May 2021

Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor May 2021

Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor

Fordham Law Review Online

The American child protection and support system was founded in the Reconstruction era. After the Civil War, many Southern states passed so-called Black Codes, which included apprenticeship statutes. These apprenticeship statutes allowed children to be removed from their parents’ care for any number of reasons, including poor moral character or financial instability. Although these statutes have long since been repealed, the residual institutional effects still linger in today’s child neglect and custody battles. Black children are disproportionately represented in child protective services investigations, in part because Black families constitute a disproportionate part of the homeless and impoverished population in the …


Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson May 2021

Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman May 2021

Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Ballot Access Behind Bars, Robin Fisher May 2021

Systemic Inequality | Ballot Access Behind Bars, Robin Fisher

Fordham Law Review Online

No abstract provided.


Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn May 2021

Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn

Fordham Law Review Online

No abstract provided.


An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette May 2021

An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette

Fordham Law Review Online

No abstract provided.


Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant May 2021

Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant

Fordham Law Review Online

In the 1954 Brown v. Board of Education decision, the Supreme Court unanimously ruled that the concept of “separate but equal” education was unconstitutional. Yet now, more than sixty-five years after this decision, school segregation is on the rise in the United States. While school segregation is no longer enforced by the explicit prohibition of Black students and white students attending the same schools, it is instead caused by various pernicious government policies ranging from school district mapping to school funding allocations. Historically, the federal government has remained at the outskirts of education policy as public education is held to …


A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms. May 2021

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …


A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms. May 2021

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …


When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown May 2021

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …


A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz May 2021

A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes May 2021

Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes

Theses and Dissertations

In 2019 CAPMAS released a report estimating the percentage of extreme poverty amongst the Egyptian public at 32.5%; one in every three Egyptian lives on 1.45$ a day. In 2017 a United Nations report highlighted that on average 40,000 Egyptian died because of pollution. Those figures represent the consequences of a cumulative “development” process that encompassed the economic, political and legal fields. In particular, the thesis focuses on the role of the New Commercial Law in disadvantaging vulnerable segments of the population and leading them to prison. I argue that the use of law as a tool of development in …


Tax Reform Throughout U.S. History And The Economic Impact, Jacob Christopher Michel May 2021

Tax Reform Throughout U.S. History And The Economic Impact, Jacob Christopher Michel

Honors Thesis

The three largest tax reforms in recent years, The 1986 Tax Reform Act (TRA of 1986), The Bush Tax Cuts Act, and The Tax Cuts and Jobs Act (TCJA), differed in the treatment of taxable income through capital gains tax rate, depreciation treatment, limitation of losses, standard deduction, and the marginal rates in general. These provisions were studied to provide insight into how they affected various stakeholders. The TRA of 1986 and the Bush Tax Cuts Act have data determining whether they benefitted high-income taxpayers to the highest extent. The low-income taxpayers were also given tax breaks, however, not to …


America Won’T Find God. But We Might Find Something Else, Bruce Ledewitz May 2021

America Won’T Find God. But We Might Find Something Else, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson May 2021

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …


Guide On Incentives For Responsible Investment In Agriculture And Food Systems, Anna Bulman, Kaitlin Y. Cordes, Ladan Mehranvar, Ella Merrill, Yannick Fiedler May 2021

Guide On Incentives For Responsible Investment In Agriculture And Food Systems, Anna Bulman, Kaitlin Y. Cordes, Ladan Mehranvar, Ella Merrill, Yannick Fiedler

Columbia Center on Sustainable Investment Staff Publications

To support implementation of the Principles for Responsible Investment in Agriculture and Food Systems (CFS RAI), CCSI has developed resources for governments and other stakeholders in partnership with the Food and Agriculture Organisation of the United Nations (FAO).

This work includes an online course on creating an enabling environment for responsible investment in agriculture and food systems. The course is freely available, accessible online and available for download. Part I highlights the features and key players of an enabling environment that promotes responsible investment in agriculture and food security. Part II addresses multi-stakeholder engagement in the design of legal and …


A History Of Elector Discretion – Part Two, Michael L. Rosin May 2021

A History Of Elector Discretion – Part Two, Michael L. Rosin

Northern Illinois University Law Review

In its opinion in Chiafalo v. Washington, the Supreme Court disposes of the actual history of elector discretion as too inconsequential to merit its serious analysis. A history of elector discretion not only includes a history of the electors who exercised discretion when casting electoral votes, it also includes a history of commentary on the role of electors as the Constitution was created and, more importantly, as Congress was attempting to amend it. The Court almost completely ignores this history. When Congress crafted the Twelfth Amendment in 1803 it recognized that “the right of choice [of president] […] devolve[s] upon” …


Seeing Color: America's Judicial System, Elizabeth Poulin May 2021

Seeing Color: America's Judicial System, Elizabeth Poulin

Senior Honors Projects

In many eyes, it often seems as though being white in America is easy, or a privilege. Being white in America is considered a safety blanket, with an abundance of opportunities beneath it. Yet, how does a physical difference such as skin color manifest itself as privilege? Noticing color is not wrong, hateful, or oppressive. Even children notice color, and we define them as the ultimate innocence. But in fact, skin color is often a trigger. When the world has preconceived notions about people of color, an oppressive system designed to harm people who have never done anything to deserve …


The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan May 2021

The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan

Fordham Law Review

During World War II, hundreds of thousands of works of art were confiscated by Nazis under the direction of Adolf Hitler or sold for less than market value by members of the Jewish community fleeing Nazi Germany. Shockingly, an estimated 100,000 of the 600,000 works that were taken are still missing today. In recognition of the need for laws that adequately assist original owners (and their heirs) in recovering these works of art, the U.S. Congress passed the Holocaust Expropriated Art Recovery Act of 2016 (“the HEAR Act”). The HEAR Act supplanted state statutes of limitations for Naziconfiscated artwork with …


Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs May 2021

Transgender Inmates’ Right To Gender Confirmation Surgery, Marissa Luchs

Fordham Law Review

The Eighth Amendment prohibits cruel and unusual punishment. It ensures that the state’s power to punish is exercised within the bounds of evolving standards of human decency. At the time of its enactment in 1791, the Eighth Amendment merely protected against torture and other physically barbarous treatments. However, as society’s standards of decency changed, so too did the scope of the Eighth Amendment. Today, among other protections, the Eighth Amendment mandates that prisons provide inmates with adequate conditions of confinement. This includes an obligation on the part of the prison to provide adequate medical care. But a great deal of …


Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr. May 2021

Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.

Fordham Law Review

No abstract provided.


What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve May 2021

What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve

Fordham Law Review

No abstract provided.


Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes May 2021

Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes

Fordham Law Review

No abstract provided.