Law Commons^™

Florida's Anti-Dram Shop Liability Act: Is It Time To Extend Liability To Social And Commercial Hosts, Hugo L. Garcia

St. Thomas Law Review

This Comment focuses on Florida's Dram Shop Act, in a moral societal context, and how such civil liability should be extended to include social and commercial hosts under limited circumstances, for subsequent causally related damages to third persons. Part II of this Comment provides and defines the necessary terms to fully understand the practice area of Dram Shop Liability. Part III discusses the evolution of Florida's Dram Shop Act, beginning with the traditional common law approach and ending with a glance at previously proposed legislation. Part IV examines the rise of social and commercial host immunity, in Florida, by tracing …

Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr.

Indiana Journal of Law and Social Equality

No abstract provided.

Book Review: Baseball And The Law: Cases And Materials, Russ Versteeg

Marquette Sports Law Review

No abstract provided.

Tsai Today (2016), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Rulemaking's Missing Tier, William Ortman

Law Faculty Research Publications

No abstract provided.

Business, Human Rights And The Iba Climate Justice Report, Sara Seck, Michael Slattery

Articles, Book Chapters, & Popular Press

The 2014 Climate Justice Report by the International Bar Association (IBA) makes many recommendations designed to contribute to the fight against climate change. One important step forward is its explicit recognition of the responsibility of business to respect human rights affected by climate change. This commentary explores the extent to which the IBA’s approach to this issue aligns with the business responsibility to respect human rights as described in the 2011 United Nations Guiding Principles on Business and Human Rights. The commentary also considers other international standards that incorporate business responsibilities for human rights in order to determine whether sufficient …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Vermeule Unbound, Philip A. Hamburger

Faculty Scholarship

My book asks Is Administrative Law Unlawful? Adrian Vermeule answers “No.” In support of his position, he claims that my book does not really make arguments from the U.S. Constitution, that it foolishly denounces administrative power for lacking legislative authorization, that it grossly misunderstands this power and the underlying judicial doctrines, and ultimately that I argue “like a child.”

My book actually presents a new conception of administrative power, its history, and its unconstitutionality; as Vermeule has noted elsewhere, it offers a new paradigm. Readers therefore should take seriously the arguments against the book. They also, however, should recognize that …

Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

With support from GIZ, CCSI prepared a report titled "Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation." It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’ (local value added). Apart from providing the theoretical framework for linkage creation and an overview of existing literature on this topic, the study highlights successful case study examples. Recommendations are provided for the three types of stakeholders.

Maine Law Magazine - Issue No. 91, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• Justice for Women
  Momentum is growing for the lecture series
• Meet the Dean
  Dean Danielle Conway on her vision for Maine Law
• Bankruptcy law
  Graduates are making their mark
• Hands-on Learning
  Students volunteer to aid detained immigrants
• Student Spotlight
  Chris Poulos makes the most of a second chance
• Celebrating Legacy
  A look at honoring six retiring professors

The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow

Articles & Chapters

Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.

Access To Capital Or Just More Blues? Issuer Decision-Making Post Sec Crowdfunding Regulation, Patricia Hureston Lee

All Faculty Scholarship

Crowdfunding is an alternative for Issuers seeking funds for their businesses. On October 2015, the Securities Exchange Commission (SEC) released final crowdfunding regulations that became effective May 20162 as a charge of the Jobs Act, Title III (the “Crowdfund Act”). Issuers can now secure crowdfunded investments without a securities registration.

This article evaluates investment-based crowdfunding from the perspective of one group that has been neglected from the crowdfunding scholarship — Issuers that seek financing under this new framework. In Section I, the author summarizes the new crowdfund regulations, which create a new financing opportunity vastly different from previous types of …

Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger

Faculty Scholarship

What does English experience imply about American constitutional law? My book, Is Administrative Law Unlawful?, argues that federal administrative power generally is unconstitutional. In supporting this conclusion, the book observes that eighteenth-century Americans adopted their constitutions not only with their eyes on the future, but also looking over their shoulder at the past – especially the English past. This much should not be controversial. There remain, however, all sorts of questions about how to understand the English history and its relevance for early Americans.

In opposition to my claims about American law, Paul Craig lobs three critiques from across the …

No Copyright In The Law: A Basic Principle, Yet A Continuing Battle, Elizabeth Scheibel

Cybaris®

No abstract provided.

Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell

Department of Sociology: Faculty Publications

This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as …

Laudato Si's Challenge To Social Conscience: Society And Nature Together, Cardinal Peter Ka Turkson

Intercultural Human Rights Law Review

My remarks will explore several chapters of Laudato si'. First, what is happening to our common home? Let's ask this question, the title of the 1st chapter of the Encyclical, about your home state of Florida. Next, we shall examine integral ecology, following Pope Francis especially in the 4th chapter of Laudato si'. This leads up to the main features of ecological conversion as portrayed in the 6th chapter. After looking briefly at how such conversion is played out in the U.S.A., we conclude by reflecting on the role of the Church and of a Catholic university like St. Thomas.

Furthering The Enjoyment Of Freedom Of Assembly In Sub-Saharan Africa Through Its Legal Systems, Sarah E. Hager

Intercultural Human Rights Law Review

This paper will examine the legal right to assemble in sub- Saharan Africa before turning to discuss historic and present protest movements. I will examine the tactics activists today employ in sub Saharan Africa, from flash mob protests to hunger strikes to mass mobilization as they continue to express their right to protest, often in very challenging environments. I will then detail the legal systems through which individuals can attempt to assert their right to assemble and how they have been utilized to this point. I will conclude with recommendations activists and citizens can implement as they further their right …

Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal

Intercultural Human Rights Law Review

As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …

For The Trafficking Victim, Winning Is Collecting, Jerry Schreiber

Intercultural Human Rights Law Review

All too often, restitution orders go uncollected. Why? The answer is painfully simple. By the time the restitution order is obtained or the forfeiture of the trafficking defendant's property occurs, the defendant has either dissipated or disposed of his assets leaving little or nothing for the victim. Before discussing the solution to this problem, relevant matters should be discussed. This paper will only consider the applicable federal law. State law varies; but if restitution is mandatory under state law, this same approach to collecting restitution for the trafficking victim can be applied to cases involving State prosecution of criminal trafficking …

Colloquy Between State Senators Jamilah Nasheed (Mo) And Dwight Bullard (Fl)

Intercultural Human Rights Law Review

SYMPOSIUM: THE POWER OF A VOICE: REWRITING POLICY AND IMPLEMENTING CHANGES THROUGH PROTEST MOVEMENTS

COLLOQUY BETWEEN STATE SENATORS JAMILAH NASHEED (MISSOURI) AND DWIGHT M. BULLARD (FLORIDA)

Mark D. Kielsgard, Responding To Modern Genocide: At The Confluence Of Law And Politics, Roza Pati

Intercultural Human Rights Law Review

This essay is a book review of Responding to Modern Genocide: At the Confluence of Law and Politics by Mark D. Kielsgard.

Yearning To Belong: Finding A Home For The Right To Academic Freedom In The U.N. Human Rights Covenants, Klaus D. Beiter, Terence Karran, Kwadwo Appiagyei-Atua

Intercultural Human Rights Law Review

Academic freedom is generally considered a human right, both nationally and internationally. However, no legally binding international human rights instrument-neither at the global nor the regional level-provides express protection for this right; this includes the two most important global human rights treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of 1966. This begs the question: Does the right to academic freedom not-even so--have a "home" in either or both of the U.N. Human Rights Covenants? Can and should academic freedom be protected as part of the right to …

Law, Religion, And The Purpose Of The University, John D. Inazu

Scholarship@WashULaw

This brief essay explores the relationship between law, religion, and the university. Religion asks the fundamental questions of human existence. Law is the means through which we impose our beliefs on our fellow citizens. The particulars of law and religion expose the differences among us. We respond to those differences with chaos, control, or coexistence. Coexistence requires tolerance, humility, and patience, and it requires institutions to habituate these practices within us. It is not clear that this country presently has such institutions, but if we are discover them among us, the university is one possible contender. The people, place, and …

Employing Trafficking Laws To Capture Elusive Leaders Of Destructive Cults, Robin Boyle Laisure

Faculty Publications

In the 1970s and ‘80s in the United States, American newspapers raised public awareness about cults. Capturing headlines were articles about women, and later men, who followed Charles Manson to the extreme length of committing “Helter Skelter,” a cold-blooded killing spree. Cult activity continued to exist, out of sight and unobserved, until culminating in tragedy when it would, again, become the topic of a news story. Even when cults did not achieve “front-page” status in the news, they continued to recruit adults and raise children born into the group.

Destructive cults are the focus of this paper. Cults continue to …

Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich

Faculty Scholarship

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …

Philosophy Of Law In The Arctic, Dawid Bunikowski, Jaakko Husa, Diana Ginn, Ko Hasegawa, Karol Dobrzeniecki, Patrick Dillon, Francis Joy, Rene Kuppe, Leena Heinämäki, Maura Hanrahan, Tom Svensson, Makoto Usami, Agnieszka Szpak, Rebecca Johnson, Brendan Tobin

Books

This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history, cultural ecology or environmental studies. I have no doubts that we have done such kind of philosophy in the academia so far, not using this term, but keeping up with the concept, the idea.

The book is a result of research conducted by many members of the Sub-group of Philosophy of Law in the Arctic (the University of the Arctic). This team seems a …

Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp

Open Access Theses & Dissertations

The Rio Grande in the El Paso, Texas, U.S./Juárez, Chihuahua, Mexico, Valley has a long history of human use from prehistoric to modern times. Formal irrigation began in the 1600s, mainly for viticulture, changing to cotton and pecans in the 1900s. The Rio Grande was subject to bed shifting and flooding that, after 1848, affected the location of the international boundary. During the Great Depression the U.S. and Mexican governments sponsored conservation projects to provide jobs and increase agricultural production. The 1933 “Convention - Rectification of the Rio Grande” was the culmination of interstate and bi-national agreements to divide Rio …

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …

A Case For Cooperation: How A Binational Agreement Between The U.S. And Mexico Can Alleviate The Rapid Drawdown Of The Mesilla And The Hueco Aquifer, William Lynch Vallee

Open Access Theses & Dissertations

This study examines ways to mitigate the depletion of the Hueco and the Mesilla aquifers in the Paso Del Norte region of the United States and Mexico through a binational legal agreement. By examining the history of cooperation and disagreement between the two nations and extrapolating from three case studies (The Nubian Sandstone Aquifer, The Mountain Aquifer, and The Guarani Aquifer) the research concludes that an agreement is indeed possible and lays out a plan to implement changes.

From Rio To Paris: What Is Left Of The 1992 Declaration On Environment And Development, Francesca Francioni

Intercultural Human Rights Law Review

This paper has a dubitative title. And this is for a good reason. It is meant to introduce the critical perspective in which I propose to assess the legacy of the 1992 Rio Declaration after almost a quarter of a century from its adoption. This retrospective outlook, it is hoped, may help assess the progress, if any, that international law has made in this field, at a time when we are facing the challenge of implementing the 2015 Paris agreement on climate change.