Law Commons^™

May 18, 2020: Why Have Taxes At All?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Have Taxes At All?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Effects Of A Powerful Military On Compliance With International Human Rights Tribunals, Ian Z. Sheppard

Honors College Theses

Are states with a powerful military force less likely to comply with European Court of Human Rights (ECtHR) and Inter-American Court of Human Rights (IACtHR) judgements and rulings? The main foundation of the paper is built upon Hillebrecht’s definition of compliance and why a particular state complies with the rulings of the ECtHR and IACtHR. Domestic institutions are the driving force behind a state’s willingness to comply because of the significant lack of enforcing power behind these international institutions. The goal of the paper is to expand upon what Hillebrecht started by looking past the basic domestic institutions like executive …

May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz

Hallowed Secularism

Blog post, “Preparing the Ground to Overrule Roe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Comprehensive Review Of Telehealth Law And Literature: Implications For Future Policy And Patients, Morgan Kristensen

Capstone Experience: Master of Public Health

PURPOSE: The purpose of this Capstone is to determine whether telehealth is effective at producing positive health outcomes, and what the current status of state telehealth law is in the United States and how can the law be changed to improve the implementation and use of telehealth services. METHODS: A literature review of PubMed was used to find articles relating to telehealth and its effectiveness. A law review of each state’s telehealth and telemedicine laws was conducted using Westlaw. RESULTS: The literature review uncovered that telehealth has the potential to produce positive health outcomes for a variety of conditions and …

Illinois Supreme Court Rule 352(A): An Attempted Revival Of The Appellate Oral Argument, Laura Peters

Northern Illinois University Law Review

Though long considered a bedrock of the American legal system, oral argument has steadily lost popularity in appellate courts across the country. Due in large part to ever-increasing caseloads and limited judicial resources, most jurisdictions now favor the expediency of written briefs over oral argument to decide appeals. While written briefs have their place, oral argument offers an inimitable opportunity for lawyers and judges to directly converse. As such, the practice of oral argument at the appellate level should be preserved. The Illinois Supreme Court took a step towards revitalizing appellate oral argument with its revised Rule 352(a). However, the …

Litigation As Parenting, Lisa Martin

Faculty Publications

Children have legal rights. Yet, children typically lack the legal capacity to represent their interests in courts. When federal courts are presented with children’s claims, the Federal Rules of Civil Procedure require courts to ensure that children’s legal interests are adequately protected. To do so, courts decide who can speak and make decisions for the child within the litigation. Federal Rule of Civil Procedure 17(c) maps out a loose process for addressing these concerns but fails to fully account for a critical factor in protecting child litigants: the decision making rights of parents.

Because parents have constitutionally protected authority to …

Similar Interpretations, Different Conclusions: The Criminalization Of Hate Speech In The West, Michael Goryelov, Wesley S. Mccann

Northern Illinois University Law Review

The United States is unique internationally in that hate speech is not considered a criminal offense. Drawing from a sample of Western countries and their respective statutes, the analysis will look at different nations' interpretations of hate speech criminality. This study identifies common patterns in international criminal legal codes and compares them to U.S. jurisprudence, focusing on content neutrality and the ideological content of these laws. It was found that hate speech statutes internationally tended towards content neutrality, were structured similarly to anti-defamatory codes, and generally did not result in amendments/extensions of new regulatory laws. These findings imply a closer …

This Is Not A Game: Blockchain Regulation And Its Application To Video Games, Diana Qiao

Northern Illinois University Law Review

The use of blockchain technology as a financial instrument is often viewed with the same skepticism as emails from a foreign prince promising a portion of his inheritance for a “small” fee the recipient must pay for banking fees. Contrary to popular belief, there are various useful applications of blockchain technology, namely through the issuance and utilization of coins and tokens. “Tokens” are digital assets built on top of a particular blockchain, stored within the blockchain rather than through a central bank or regulatory authority, and provide a wider range of functions than that of Initial Coin Offerings. One of …

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …

A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati [email protected]

Indonesian Journal of International Law

Work and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view …

The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii

Honors Theses

This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope to articulate my …

Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke

Book Chapters

No abstract provided.

Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan

Research outputs 2014 to 2021

Forensic psychologists’ role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people’s rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start a …

The Legal Authorities Framing The Government’S Response To The Global Financial Crisis, Scott G. Alvarez Esq., Thomas C. Baxter Jr., Esq., Robert F. Hoyt Esq.

Journal of Financial Crises

The 2007–09 global financial crisis required that the Federal Reserve, Treasury Department and Federal Deposit Insurance Corporation survey their various legal authorities and consider how they might be used to mitigate the meltdown of the United States financial system. This essay explores the range of legal authorities and procedural issues presented by key facilities implemented during the crisis, many of which were new and creative. This essay also provides valuable examples of how such authorities were used and describes how, in some instances, agencies worked together to design innovative interventions that no separate agency could have achieved alone.

Does Description Equal Prescription? A Case For Gender Quotas In Latin America, Samuel E. Hobbs

Honors College Theses

Extant research demonstrates that gender quotas do increase women’s descriptive representation in national legislatures, including in Latin America (Smith 2016; Mark et al. 2012). However, there has been an evident lack of research conducted to identify the relationship between gender quotas and outcomes of gendered legislation. I argue that gender quotas implemented on the national legislature in Latin America do increase the outcome of gendered legislation. I test my hypothesis by examining the government of Chile to analyze the effects of the augmentation of women in national legislatures. To do so, I use the government’s national legislative database to search …

Analysis Of The Activities Of Justice Bodies And Their Implementation Norm-Making Functions, А. Khujanazarov

Review of law sciences

Further improvement of the work of justice bodies within framework of democratic legal reforms in our country, including development of rule-making function of the system, is one of main directions of the unified state legal policy. At the same time, it is necessary to introduce qualitatively new and modern mechanisms for rule-making activities of judicial bodies, coordination of rulemaking bodies and the bodies of state management and efficient and systematic methodological guidance of the process, further improving features and functions of judiciary in the formation of a common legal practice. Based on above, this article examines the activities and trends …

On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev

Review of law sciences

The article deals with the influence of physical culture and sports on the healthy lifestyle of the population, the image of the country, the importance and necessity of legal regulation of relations in the field of physical culture and sports in the Republic of Uzbekistan, the responsibility of subjects in the field of sports. Also mentioned is the regulation at the legislative level of the legal status of the fan, his responsibility, security during sports competitions. Special attention is offered to pay to specific sports sanctions. On the basis of the analysis of the national and foreign legislation the proposals …

Externalities Are Not Illusory, Gregory M. Stein

Scholarly Works

No abstract provided.

Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Thomas E. Plank

Scholarly Works

No abstract provided.

Commentary To Dean Fershee, Judy Cornett

Scholarly Works

No abstract provided.

Commentary To Professor Baker's Presentation, Gary Pulsinelli

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank

Scholarly Works

Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …

Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus

Faculty Works

Suffering from a well-covered “crisis of volume,” the United States Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally argued, debated over by judges, or decided in published opinions. The courts have evaded overt disaster by increasing the number of active, senior, and visiting judges, but the additional personnel poses its own demands on attention—judges must also pay attention to one another in order to coherently develop and apply the law. With too …

Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Comments to USTR Re: U.S.-Kenya Trade Agreement (April 28, 2020): CCSI, in response to the United States Trade Representative’s request for public comment to inform its approach to a U.S.-Kenya Trade Agreement, submitted Comments elaborating on our main points that (1) investor-state dispute settlement should not be included in any U.S.-Kenya agreement and (2) principles that should guide an investment chapter or investment provisions in any such agreement should (a) strategically support cross-border investment that produces positive development outcomes for the U.S. and Kenya, (b) facilitate and support good governance of investment projects, and (c) enhance cooperation to solve challenges …

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …

March 28, 2020: Foreboding About The Stimulus Bill, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Foreboding About the Stimulus Bill“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Celebrating The Work Of Professor Bob Cochran: An Introduction, Derek T. Muller

Pepperdine Law Review

No abstract provided.

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …

Voting Like A Duck: Reflecting On A Year Of Legal Writing Voting Rights, Meredith A.G. Stange

College of Law Faculty Publications

Over the years, in various legal writing forums, I have heard that legal writing professors should try to “look like ducks.” This means we should publish, teach doctrinal courses, and otherwise do everything we can to make ourselves look like the tenure-track, non-legal writing faculty. The theory is that the more we look like tenure-track faculty, the harder it will be to treat those of us who are not tenure track differently. This has always bothered me because it seems to minimize the work that legal writing professors do and makes it seem that in order to have value, we …