Law Commons^™

No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt

All Faculty Scholarship

No abstract provided.

Who Pays When Drones Crash?, Henry Perritt

All Faculty Scholarship

No abstract provided.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

The ILSA Journal & Comparative Law is housed at nova Southeastern University's Shepard Broad College of Law in Fort Lauderdale, Florida and is an International Law Students Association (ILSA) publication.

My Grandmother Was Mrs. Palsgraf: Ways To Rethink Legal Education To Help Students Become Lawyers, Rather Than Just Thinking Like Them, Ian Gallacher

College of Law - Faculty Scholarship

This article uses my family history, and its striking similarities to the Palsgraf case, as a starting point for a consideration of the ways law schools teach the law to their students, the problems that approach appears to cause, and some possible alternative, and potentially healthier, approaches to legal education.

My grandmother, grandfather, mother, and uncle were all in a house that was blown-up and destroyed by a bomb during the Second World War. And while the cause of the explosion was very different to that in Palsgraf, the fact of an explosion that drastically changed the lives of …

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …

State Misdemeanant, Federal Felon: Adolescent Sexual Offenders And The Ina, Michael J. Higdon

Scholarly Works

At the age of eighteen, Alberto Velasco-Giron had sex with his fifteen-year old girlfriend. As a result, he was deported.

To understand how this could happen, we have to back up a bit. In 1988, Congress amended the Immigration and Nationality Act (“INA”) to state that any alien who commits an “aggravated felony” is subject to deportation. Since that time, Congress has continuously supplemented the definition of aggravated felony to include more and more crimes, the result being that noncitizens were subject to deportation for an ever-growing list of offenses. In 1996, the definition was revised yet again to include …

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd-Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Timekeeping And Wage Theft In The 21st Century, Alex B. Long

Scholarly Works

No abstract provided.

The Sticks In The Chinese Property Rights Bundle, Gregory M. Stein

Scholarly Works

No abstract provided.

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

The Object Of The Moral Act: Understanding St. Thomas Aquinas Through The Work Of Steven Long And Martin Rhonheimer, John Makdisi

Faculty Books

In the 1993 encyclical Veritatis Splendor Pope John Paul II stated that the “morality of the human act depends primarily and fundamentally on the ‘object’ rationally chosen by the deliberate will.” Since that time the interpretation of the moral object has garnered increased attention among Thomist scholars. Yet it remains a source of dispute. Two scholars who take rather opposed views on what Aquinas means by the moral object are Martin Rhonheimer and Steven Long. The purpose of this dissertation is to elucidate the account of Aquinas’s doctrine through a comparison of the interpretations of each of these scholars with …

Abductive Reasoning In Wto Law, Chios Carmody

Law Publications

Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to …

Inside Professionalism: How In-House Counsel Can Give Practical Effect To The Ethical Responsibility To Society At Large When Reviewing Items For Form And Legal Sufficiency In A Manner That Supports The Integrity Of The Representative Form Of Governance Of Public Corporations And Local Governments, R A. Cuevas, Jr.

St. Thomas Law Review

Messrs. Heineman, Jr., Lee, and Wilkins of the Center on the Legal Profession at Harvard Law School have written on the need for lawyers to recognize that, as professionals and citizens, they owe ethical responsibilities to the rule of law, society at large, and the clients and institutions they represent. This Essay identifies a situation where a routine task performed by lawyers in the legal departments of public corporations and local governments can implicate this ethical responsibility owed to society at large. The lawyers' task is the review of documents and other items relating to their clients' operations for form …

Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood

St. Thomas Law Review

This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …

Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez

St. Thomas Law Review

This comment argues that using socioeconomic data to calculate auto insurance premiums within the boundaries of a single ZIP Code disproportionally increase premiums on low-income households, leading to higher rates of uninsured drivers in these communities. Furthermore, this comment discusses how this rate scheme provides a possible avenue to illegally discriminate based on race, as a direct result of historical racial segregation and recent advances in big data. Part II.A of this comment discusses the recent amendment to the insurance laws of Florida that now allows the use of a single ZIP Code to calculate auto insurance rates. Part II.B …

Amor Y Esperanza: A Latina Lesbian Becomes A Law Professor, Elvia R. Arriola

College of Law Faculty Publications

Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought about law teaching as a career in the late 1980s. Now recently retired, I can be grateful that I became a law professor at a time when fairly serious efforts were being made to diversify law faculties with the hiring of more women and racial and ethnic minorities. But in 1991, when I entered the academy as an assistant professor, not many law professors …

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, James D. Wilets, Areto A. Imoukhuede

Faculty Scholarship

No abstract provided.

Guide To The Paralegal Program Records, University Of San Diego School Of Graduate And Continuing Education

University Records

These records document the functions of the Paralegal Program, formerly known as the Lawyer's Assistant Program, through its first decade. Records include statistics on program applicants, meeting materials of the Advisory Committee that organized the program's functions, reports from the American Bar Association, program descriptions, and plans for the future of the program. News, clippings, news releases, pamphlets, and brochures featuring in the program are also included.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a …

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

The Tax-Immigration Nexus, Tessa R. Davis

Faculty Publications

Tax and immigration law have a shared interest in defining community. In order to implement a tax, we must know who belongs to the taxable community. At the same time, immigration law must define and administer the requirements for membership in the national community. Despite the differing objectives of tax and immigration law—raising revenue and deciding who may enter, remain, and become a citizen in the United States, respectively—both of these regimes uses a concept of citizenship to define their respective communities. Starting from this common thread of the relevance of citizenship to both immigration and tax law, this Article …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

The School To Prison Pipeline's Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan

Faculty Publications

This Article examines the 2015 Spring Valley High School incident – the high-profile arrest of a Columbia, South Carolina high school student for “disturbing schools” in which a school resource officer threw her out of her desk – to identify and illustrate the core elements of the school-to-prison pipeline’s legal architecture, and to evaluate legal reforms in response to growing concern over the pipeline.

The Spring Valley incident illustrates, first, how broad criminal laws transform school discipline incidents into law enforcement matters. Second, it illustrates how legal instruments that should limit the role of police officers assigned to schools (school …

Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg

Faculty Publications

This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …

How Government Can Promote Automated Driving, Bryant Walker Smith

Faculty Publications

This Article presents steps that governments can take now to encourage the development, deployment, and use of automated road vehicles. After providing technical and legal context, it describes key administrative, legal, and community strategies to promote automated driving. It concludes by urging policymakers to facilitate automated driving in part by expecting more from today’s drivers and vehicles.

Averting Educational Crisis: Funding Cuts, Teacher Shortages, And The Dwindling Commitment To Public Education, Derek Black

Faculty Publications

Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels of just a few years earlier. The effect on schools has been devastating. States are only exacerbating the problem by reducing teachers’ rights and benefits. These attacks, combined with funding decreases, have scared many prospective teachers away from the profession. The net result is an extreme shortage of teachers nationwide. When the school year began in 2015, a large number of public schools opened without enough certified teachers to fill classrooms, relying instead on substitutes and …

Who Should Own Police Body Camera Videos?, Laurent Sacharoff, Sarah Lustbader

Hofstra Law Faculty Scholarship

Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct, as well as recent reports of more deepseated police problems. These body camera programs hold great promise to achieve accountability, often backed by millions of dollars in federal grants.

But so far, this promise of accountability has gone largely unrealized, in part because police departments exercise near-total control over body camera programs and the videos themselves. In fact, the police view these programs chiefly as a tool of ordinary law enforcement rather than accountability-as helpful for …

Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

Articles

Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …