Law Commons^™

The Small Business Killer: How Fincen Enforcement Of The Cta Could Destroy The Last Bastion Of The American Dream., Samantha M. Alecozay

Lincoln Memorial University Law Review Archive

This article addresses an urgent matter regarding the possible repercussions of FinCEN enforcement of the Corporate Transparency Act (“CTA”) against small businesses. The CTA, passed into law in 2021 and made effective January 1, 2024, mandates the creation of a nationwide database that collects owner information of certain legal entities to help prevent money laundering and other illicit financial activities. Further, a legal entity’s failure to comply with the statute may result in civil penalties of up to $591 per day of violation and even criminal penalties.As of January 1, 2024, tens of millions of small businesses in the U.S. …

From Beating Students Down To Building Students Up: Eradicating The School-To-Prison Pipeline, Aubrian Sanders

Lincoln Memorial University Law Review Archive

This note examines the school-to-prison pipeline, its impact on minority children, and strategies for its elimination. The school-to-prison pipeline systematically removes minority children from the classroom. This process facilitates their entry into the justice system through school punishments, the use of school resource officers, and the harsh conditions of the juvenile justice system which has devastating effects on the minority youths in America. To correct this problem, action must be taken at every step along the pipeline to completely alter the behavior that destines the minority youth of America to incarceration. These key steps include reforming school discipline, removing school …

Begin With Lemon, Fill To The Bri With Bremerton, Stir In Trinity Lutheran, Add A Pinch Of Espinoza, And Combine Carson: A Recipe For Educational Disaster, Brittany Lezu

Lincoln Memorial University Law Review Archive

The Establishment Clause of the First Amendment has steadily been eroded over the past ten years by the Supreme Court, but it all began with the infamous Lemon test in 1971. In _Lemon v. Kurtzman_, the Court established the Lemon test to create a “clearer” standard to determine if a government policy or action directly or indirectly advanced or accommodated religion in compliance with the Establishment Clause. Over time, the Lemon test has slowly be whittled away, leaving the opportunity for revision in _Kennedy v. Bremerton_. The Court in Bremerton interpreted the clause “by reference to historical practices and understandings.” …

Biglaw's Campus Reach, Raj Ashar

Lincoln Memorial University Law Review Archive

At many top-ranked law schools, BigLaw firms are the top destination for graduating students. But their presence in the lives of law students starts well before graduation. This note documents the symbiotic relationship between law firms and top law schools, identifying ways in which BigLaw firms embed themselves in these institutions. It then attempts to explain the reason for this strong connection and identifies some potential risks of allowing firms regular access to law students. Finally, it lays out proposals for reform including the regulation of firm sponsorships and changing the recruiting process.

State Authority To Regulate Ocean Alkalinity Enhancement, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

This paper provides a detailed examination of the regulatory landscape surrounding Ocean Alkalinity Enhancement (“OAE”), a form of marine carbon dioxide removal (“CDR”) that seeks to mitigate climate change. The paper explores the domestic (U.S.) regulation of two of the most commonly discussed approaches to OAE: a mineral based approach and an electrolytic approach.

While no federal laws specifically mention OAE, the practice might be subject to various pollution control and other federal statutes and regulations. One key question is the extent to which federal law preempts state regulation of OAE. This paper aims to answer that question by reviewing …

Limitation For Liberty: A Commentary On Federalism And The Tenth Amendment, Riley Banker

Senior Honors Theses

The concept of Federalism is essential to the very survival of the United States. However, recent decisions by the Supreme Court have illustrated attempts by the federal government to expand its authority and undermine the balance of power created by Federalism. This thesis will explore the concept of Federalism to demonstrate how it can best be protected. First, this thesis will address the origins of Federalism. Second, it will show how the principles of Federalism are manifested within the founding documents of the United States. Finally, this thesis will analyze current events including Supreme Court cases to demonstrate a concerning …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Casar Auc Community Lecture: ‘Gender-Based Violence,Women And The Law In Egypt And The Us’, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This engaging - AUC community only - special topics lecture discussed the social challenges and legal obstacles women face when discussing gender based violence crimes in Egypt shedding a comparative light on the US given the recent election results.

This event hosted Counselor Mohamed Samir Ahmed, Spokesperson of the Administrative Prosecution Authority (APA) in Egypt, Independent Lecturer in Political Science & Gender Based Violence Crimes.

The event was moderated by CASAR Assistant to Director & Adjunct Faculty Yasmeen El-Ghazaly.

This lecture was a collaboration between The Prince Alwaleed Center for American Studies and Research (CASAR AUC EGYPT ) and the …

Making A Case For Legal Health Advocacy: A Socio-Legal Exploration Of The Law As A Tool For Physician Health Advocacy, Jeanne L. Webber

Master of Studies in Law Research Papers Repository

This paper grapples with the question of whether physicians have a unique moral, ethical or professional responsibility to engage in health advocacy. If so, what are the sources of that obligation, and how is advocacy understood in this context? These questions are addressed through a critical examination of the bio-medical, ethical, and legal literature and medical professional practice standards.

This research explores emergent themes in the literature including how advocacy is conceptualized, the challenges inherent in defining the term, and the consequent difficulty teaching health advocacy in medical education. This paper also examines how the value of advocacy is represented …

The Fair Use/Fair Dealing Handbook, Jonathan Band, Jonathan Gerafi

Joint PIJIP/TLS Research Paper Series

More than 40 countries with over one-third of the world’s population have fair use or fair dealing provisions in their copyright laws. These countries are in all regions of the world and at all levels of development. The broad diffusion of fair use and fair dealing indicates that there is no basis for preventing the more widespread adoption of these doctrines, with the benefits their flexibility brings to authors, publishers, consumers, technology companies, libraries, museums, educational institutions, and governments. This is particularly the case considering that the copyright laws in many “civil law” countries currently allow their courts to apply …

Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn

Tennessee Journal of Law and Policy

No abstract provided.

Toward More Equal Access To Justice: The Tennessee Experience, Douglas A. Blaze, R. Brad Morgan

Tennessee Journal of Law and Policy

No abstract provided.

Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 3: Confronting Political And Economic Challenges, Representative Sherry Jones, Connie Steere, Mary Walker

Tennessee Journal of Law and Policy

No abstract provided.

Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, And Accountability In Juvenile Court, Robert Schwartz

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams

Tennessee Journal of Law and Policy

No abstract provided.

Rules For The Insurance Of Civil Liability Of Vehicles In Eu Member States And Their Impact On Our Law, Merita Muharremi, Enisa Haliti, Anida Gashi

UBT International Conference

Although Kosovo is not a member of the international Green Card system, it must align the regulations for the time when it must adopt the European standards for the protection of victims of traffic accidents. In accordance with the fifth Directive, the Kosovo Bureau of Insurance Companies of Kosovo applies the mandatory possession of the European Report regarding accident reporting.Regarding the procedures involved in a road accident, after the completion of the European report on the accident, the injured party must, before repairing the vehicle, with his vehicle must be presented to the insurance company as soon as possible with …

Questions And Answers On The Future Of Ip For Research And Innovation, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This paper publishes the annotated contents of an interview with PIJIP Director Sean Flynn by the staff of WIPO’s work on the Future of IP. All questions relate to the future of copyright with respect to AI assisted innovation.

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

Trouble Bruen For Assault Weapon Bans: A Feature-Based Analysis Of The Second Amendment, Samuel R. Vasilopulos

Northern Illinois University Law Review

“Assault weapons” and “large-capacity magazines” have been the target of recent legislation, such as the Protect Illinois Communities Act. Weapons bans of this nature have traditionally been upheld by the lower courts; however, the U.S. Supreme Court has refined the test for constitutionality under the Second Amendment in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Bruen has laid out a two-step test in which the first step asks whether the conduct, namely the possession of a specifically banned arm, is within the scope of the plain text of the Second Amendment. To determine whether an arm …

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

An Indecent Proposal? A Remedy For Those Damaged By Judicial Malpractice, Michael G. Cortina

Northern Illinois University Law Review

Judicial immunity in the United States primarily exists so that jurists can exercise their duties to the best of their abilities without the fear that they may be subjected to liability should they commit an error in judgment. While such immunity certainly has a proper and noble purpose, the unintended consequence of it is sometimes that those harmed by improper judicial rulings have no civil remedy despite being harmed by a judge’s malpractice. At the end of this paper, the author suggests a possible remedy for those harmed by a judge’s errant decision if that ruling cannot be cured on …

Illinois’S Home District Illusion, Joe Lehman

Northern Illinois University Law Review

The current constitution of the State of Illinois creates a single appellate court. This structure lends itself to the conclusion that the decisions of one district of the appellate court bind all lower courts equally. While this is often the case, a judicially created exception exists when a conflict arises between different districts. When such a conflict arises, circuit courts must adhere to the decision (if one exists) from their “home district” (i.e., the district in which the circuit court sits). This Note argues that this rule is incompatible with the Illinois Constitution. Section I introduces the home district illusion …

Expanding Mental Health Courts In Illinois: How The Illinois Mental Health Court Treatment Act Is Not As Inclusive As It May Appear, Amelia O'Neal

Northern Illinois University Law Review

Far too many people in the criminal justice system also face mental illness. The Illinois Mental Health Court Treatment Act was passed in 2009 to help defendants who were facing mental health problems. It provides an alternative adjudication process. Many people who have committed crimes and are facing mental illness need help in ways that the typical criminal justice system cannot provide. Mental health courts can help people in these scenarios by providing alternative sentencing, less punitive sanctions, treatment programs, and many other benefits. Mental health courts provide an option that many people were not privy to until the early …

Fira: Deciphering The Constitutionality Of Illinois’S Approach To Gun Industry Accountability, Hashem El-Sharif

Northern Illinois University Law Review

After a deep sense of discontent with the barrage of lawsuits lobbed at the firearms industry for the criminal misuse of its products, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. Since its passage, the PLCAA has served as a highly effective shield, generally protecting the gun industry from civil liability for the unlawful misuse of its firearms. The PLCAA, however, does outline some exceptions allowing certain gun manufacturers in certain situations to be sued. In 2023, Illinois Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law. FIRA seeks to hold the …

Legal And Practical Aspects Of Sharing And Entrusting Personal Data, Taking Into Account Tourism Regulations During The Covid-19 Pandemic, Stanislaw Hady-Głowiak, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents issues related to the sharing of personal data, and to entrusting data for their processing, with particular emphasis on tourism regulations during the pandemic. The work aims to indicate practical solutions, and to distinguish between situations of entrusting data for processing, a contractor authorized to process them on the basis of a contract, and of sharing of personal data. In the latter case, the most important thing is to verify each time the legal basis authorizing their sharing, and to keep a register of data sharing. In the case of the process of entrusting personal data for …

Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo

Joint PIJIP/TLS Research Paper Series

This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …

Does Black-Letter Law Matter In Labor Rights Protection In China? - A Tale Of Two Cities, Peter Chi Hin Chan

Washington International Law Journal

This article discusses the role of black-letter law in labor protection in China in cases where employers dismiss employees on the grounds of serious breaches of internal regulations. This article presents an empirical analysis of the judicial practice of two of China’s economically developed cities, Suzhou and Wuxi. Suzhou employers have to give employees the opportunity to be heard prior to dismissal, while Wuxi does not provide that opportunity. First, this article introduces the Chinese labor legislation system, the dismissal system, and the two cities’ local labor regulations. Second, the article will analyze and discuss 140 cases from Suzhou and …

This Is A Call To Action For All Primary Care Providers: Do Better For Your Transgender Patients, Kate Castor

Theses and Graduate Projects

Background: Patients of all ages benefit from primary care. However, not everyone has equal access to primary care. Transgender patients often face a multitude of barriers to receiving basic healthcare.

Purpose: Improve health outcomes for transgender patients, enlighten providers on significant disparities, and offer solutions to these disparities faced by transgender community in the healthcare setting and when receiving cancer screening.

Methods: Literature review comprising results from Augsburg University Lindell Library databases, American Journal of Medicine, and Google Scholar.

Conclusions: Everyone can do better for their transgender patients, but primary care providers should take extra care cultivating relationships with these …