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Articles 2311 - 2340 of 6239
Full-Text Articles in Law
Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein
Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein
Saint Louis University Law Journal
No abstract provided.
The Inalienable Right To Stand Your Ground, Joshua Prince, Allen Thompson
The Inalienable Right To Stand Your Ground, Joshua Prince, Allen Thompson
St. Thomas Law Review
This Article seeks to open a dialogue about an individual's inalienable Right to Self-Defense and the interplay between that Right and Stand Your Ground doctrines. In Section II, this Article will present an overview of what, precisely, a Stand Your Ground statute actually encompasses and permits, as many misconceptions have arisen as to the effect of a Stand Your Ground law. Due to the position many political groups have taken, as well as inaccurate news reporting by the media, there is a mistaken belief that Stand Your Ground laws allow a shooter to become "judge, jury, and executioner." In Section …
Doin' Time For An Unproven Crime: The Problem Of Unpreserved Evidence Sufficiency Issues In Criminal Appeals, Richard Sanders
Doin' Time For An Unproven Crime: The Problem Of Unpreserved Evidence Sufficiency Issues In Criminal Appeals, Richard Sanders
St. Thomas Law Review
Sections I and II of the article lay out the general principles of the preservation rule and its fundamental-error exception. Section III discusses the Florida cases that have wrestled with the problem of unpreserved sufficiency issues in criminal cases. The problem in the cases-seen in F.B. and in the pre-F.B. district court cases-is that Florida courts do not say that all valid-but-unpreserved sufficiency issues should be remedied as fundamental error. This means there will be some cases where the evidence in the record fails to establish all the elements of the crime of conviction but the court will affirm because …
Hannibal At The Gate: Border Kids, Drugs, And Guns - And The Mexican Cartel War Goes On, Arthur Rizer
Hannibal At The Gate: Border Kids, Drugs, And Guns - And The Mexican Cartel War Goes On, Arthur Rizer
St. Thomas Law Review
Because Mexico and the United States not only share a common border, but also co-exist as international trade partners, the United States should be greatly concerned about the crisis in Mexico. Indeed, with the rising number of casualties in Mexico's drug war, U.S. politicians and officials, journalists, writers, and pundits have begun to debate whether the crisis in Mexico threatens U.S. national security, and, if so, the extent to which U.S. national security is at risk. This article seeks to establish that the crisis in Mexico is a current threat to the national security of the United States for several …
Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light, Cameryn Justice Rivera
Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light, Cameryn Justice Rivera
St. Thomas Law Review
Part I of this paper provides background information on sea turtle behavioral patterns in nesting and hatching, while also highlighting the problems of disorientation and nesting deterrence. Part II examines federal and state laws that authorize and delegate sea turtle oversight protections, administer legal and practical protection, and attempt to enforce the laws to prevent sea turtle disturbances or deaths. Part III discusses local ordinance regulations on artificial lighting and comments on the Model Lighting Ordinance in Florida. Part IV analyzes sea turtle law coordination and conservation at the federal, state law, and local ordinance level, while commenting on a …
Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan
Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan
St. Thomas Law Review
The choice to bestow refugee designation on the growing unaccompanied minor children population would no doubt carry far-reaching and long-lasting consequences of its own. Because of these potential important and complex ramifications, a closer examination of the implications of the President utilizing his authority under Section 207(b) must be undertaken. To do so, Part I of this article provides a brief description of the origin of refugee law in general and Section 207(b) in particular. Part II explains the previous instances wherein past presidents exercised their authority to help foreign nationals seek refuge in the United States. Part III further …
Bitcoin Atm: A Criminal's Laundromat For Cleaning Money, Mitchell Hyman
Bitcoin Atm: A Criminal's Laundromat For Cleaning Money, Mitchell Hyman
St. Thomas Law Review
This comment discusses how solely applying current Bank Secrecy Act ("BSA") and Department of Treasury Financial Crime Enforcement Network" ("FinCEN") regulations to virtual currency-specifically Bitcoin ATMs-will put a strain on Bitcoin ATM owners and the industry, but will not reduce the risk of money laundering. Part II of this comment discusses the characteristics of Bitcoin, explains the environment in which it exists, and how individuals use Bitcoin. In Part III, this comment discusses how BSA regulations apply to virtual currency. Additionally, Part III analyzes how Bitcoin ATM owners and operators would be classified under FinCEN's 2013 guidance. Part IV shifts …
Better The Mob And The Ku-Klux: A History Of The Law Of Search And Seizure In Florida, Milton Hirsch
Better The Mob And The Ku-Klux: A History Of The Law Of Search And Seizure In Florida, Milton Hirsch
St. Thomas Law Review
As late as 1930, and on several occasions prior to that date, Harvard Law Professor Felix Frankfurter could offer, as an example of something that the Supreme Court would almost never be called upon to decide, "whether the [Fourth Amendment] protection against 'unreasonable searches and seizures' is violated. In 1939 Professor Frankfurter was appointed to the High Court, where he would serve for 23 years; and where, as Justice Frankfurter, he would participate in a great many notable opinions having to do with whether the Fourth Amendment protection against unreasonable searches and seizures had been violated. That Professor Frankfurter made …
Where The Sea Meets The Land, Marianne L. Catala
Where The Sea Meets The Land, Marianne L. Catala
St. Thomas Law Review
Part L.A of this comment discusses the history and evolution of the public trust doctrine, which dates back to Roman and Old English common law. It asserts the public has a pre-existing right to the dry sand portion of the beach, a right that has been wrongfully limited in Florida by its current public trust doctrine. Part I.C examines the uniqueness of beach property, and explains how the traditional notions of private property cannot succeed in overcoming the public's pre-existing right to the beach. The fact remains that over time the public right to use and enjoy the beach in …
Children Of A Lesser Jones: Punitive Damages In Unseaworthiness, Attilio M. Costabel
Children Of A Lesser Jones: Punitive Damages In Unseaworthiness, Attilio M. Costabel
St. Thomas Law Review
The title of the famous stage play and movie, Children of a Lesser God, comes from a stanza of Alfred Lord Tennyson's, Idylls of the King, which reads as follows, "As if some lesser god had made the world, but had not force to shape it as he would." Like Tennyson's lesser God, Congress enacted the Jones Act, but did not have the force to shape it as it was supposed to be. On the contrary, it allowed the courts to interpret, twist and abuse it to the furthest limits, well beyond even the questionable ones imposed by Miles v. …
A Warmer Welcome Home: The Need For Incorporating Therapeutic Jurisprudence In Reentry Courts, Kelsey Geary
A Warmer Welcome Home: The Need For Incorporating Therapeutic Jurisprudence In Reentry Courts, Kelsey Geary
St. Thomas Law Review
This comment will focus on one of the first established reentry courts-the Harlem Reentry Court ("HRC")-by evaluating its effectiveness with the basic principles of therapeutic jurisprudence. Section II provides general background on all the relevant topics: therapeutic jurisprudence, problem-solving courts, and reentry courts. Section III specifically focuses on the background, formation, and strategies of the HRC. Section IV gives an in-depth analysis of HRC's process, and how recognizing and further incorporating therapeutic practices could increase its success. Finally, Section V will conclude the argument by advocating for nationwide exposure and implementation of reentry courts for parolees around the country with …
Should Therapeutic Jurisprudence Be Used To Analyze Impacts Of Legal Process On Government, Carol L. Zeiner
Should Therapeutic Jurisprudence Be Used To Analyze Impacts Of Legal Process On Government, Carol L. Zeiner
St. Thomas Law Review
This article takes the controversial position that despite therapeutic jurisprudence's (sometimes referred to as "TJ") focus on the impact of laws and legal processes on the emotional and related physical well-being of human beings, there can be TJ-like impacts on government, at least in certain circumstances, that can be discovered by making a TJ analysis of the situation. It further contends that these TJ-like impacts on government ought to be examined for a number of important reasons: (1) they provide greater insights into therapeutic and antitherapeutic impacts on humans; (2) the deeper understandings gained through this analysis can then be …
Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich
Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich
Faculty Scholarship
Medicare and Medicaid were passed to serve as safety nets for the country's most vulnerable populations, yet, the disabled community continues to be one whose health care needs are not being met. This group is all too frequently left to suffer health disparities due to cultural incompetency, stigma and misunderstanding, and an inability to create policy changes that covers the population as a whole and their acute and long-term needs.
Legal Institutionalism: Capitalism And The Constitutive Role Of Law, Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang, Katharina Pistor
Legal Institutionalism: Capitalism And The Constitutive Role Of Law, Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang, Katharina Pistor
Faculty Scholarship
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part …
The Responsible Investor’S Guide To Climate Change, Jeffrey D. Sachs, Lisa E. Sachs
The Responsible Investor’S Guide To Climate Change, Jeffrey D. Sachs, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
Around the world, institutional investors – including pension funds, insurance companies, philanthropic endowments, and universities – are grappling with the question of whether to divest from oil, gas, and coal companies. The reason, of course, is climate change: unless fossil-fuel consumption is cut sharply – and phased out entirely by around 2070, in favor of zero-carbon energy such as solar power – the world will suffer unacceptable risks from human-induced global warming. How should responsible investors behave in the face of these unprecedented risks?
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
Coal And Gold, Hard And Cold: Using Trade Agreements To Resolve Human Rights Violations In The Caribbean Colombia Mineral Extraction Industry, Stephen Joseph Powell
Coal And Gold, Hard And Cold: Using Trade Agreements To Resolve Human Rights Violations In The Caribbean Colombia Mineral Extraction Industry, Stephen Joseph Powell
Intercultural Human Rights Law Review
The obvious recipients of the bounty made possible by modem regional trade agreements (RTAs) are the transnational corporations (TNCs) whose markets these agreements expand and whose investments they protect. It is equally clear, however, that TNCs have escaped direct responsibility for compliance with the obligations undertaken in these agreements, leaving the actionforcing commitments to the signatory governments. Such an escape from quasi-signatory status is inconsistent with emerging international law. In the fields of international criminal and human rights law, it "has long been recognized.., that international law imposes duties and liabilities upon individuals as well as States. Moreover, in most …
Water: An Essential Element For Life, Roza Pati
Water: An Essential Element For Life, Roza Pati
Intercultural Human Rights Law Review
This essay is a book review of Water: An Essential Element for Life by The Pontifical Council for Justice and Peace.
The Patient Protection And Affordable Care Act: Will Parity For Mental Health Care Truly Be Achieved In The 21st Century, Samantha M. Behbahani, Ivelisse Barreiro, Patricia Rivera
The Patient Protection And Affordable Care Act: Will Parity For Mental Health Care Truly Be Achieved In The 21st Century, Samantha M. Behbahani, Ivelisse Barreiro, Patricia Rivera
Intercultural Human Rights Law Review
On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act (PPACA), which established significant changes to health care provisions in the United States. The goal of the PPACA was to return a realistic choice, as well as the right, of health care to all Americans. The PPACA was developed to provide health care that is affordable and accessible for all individuals across the lifespan. A novel change, in comparison to previous health care reforms, was the addition of mental health and substance abuse care as a right for all stakeholders. This population has consistently been …
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Publications
A new technology can expose the cracks in legal doctrine. Sometimes a technology resists analogy. Sometimes, through analogies, it reveals inconsistencies in the law, or basic flaws in framing, or in the fit between different parts of the legal system. This Essay addresses robots in the home, and what they reveal about U.S. privacy law. Household robots might not themselves uproot U.S. privacy law, but they will reveal its inconsistencies, and show where it is most likely to fracture. Just as drones are serving as a legislative “privacy catalyst” — encouraging the enactment of new privacy laws as people realize …
Marbury Moments, Steven Arrigg Koh
Marbury Moments, Steven Arrigg Koh
Faculty Scholarship
Every court has its Marbury moment. To support this argument, this Article reviews seminal cases from three types of courts: U.S. federal, regional, and international. This Article concludes that Marbury moments provide novel insights about both Marbury v. Madison itself and the nature of domestic and international courts.
The Integration Of Environmental Law Into International Investment Treaties And Trade Agreements: Negotiation Process And The Legalization Of Commitments, Madison Condon
Faculty Scholarship
There were seventeen international investment agreements (“IIAs”) signed around the world in 2012, and each one of them contained some provision relating to the protection of the environment. In comparison, no investment treaty signed before 1985, and fewer than ten percent of treaties signed between 1985 and 2001, contained any reference to the environment at all. Environmental language has become increasingly common in bilateral investment treaties (“BITs”), and to an even greater degree in other IIAs, such as free trade agreements (“FTAs”). The legal implications of the integration of environmental law and norms into investment law treaties have yet to …
The Importance And Challenges Of Values-Based Legal Orders, Eckart Klein
The Importance And Challenges Of Values-Based Legal Orders, Eckart Klein
Intercultural Human Rights Law Review
My first words must be those of gratitude. I had the honor and privilege to participate from its beginning in the realization of the prestigious LL.M. program in Intercultural Human Rights established in 2001 by my highly esteemed friend and colleague Siegfried Wiessner, very soon effectively supported by Roza Pati. I exactly remember her as student, of course the best, of the first year, and Siegfried with his reliable glance for excellence immediately chose her for the performance of higher functions. To both of them I am deeply indebted for giving me the opportunity to spend so many months here …
The Affordable Care Act: Does It Improve Health And Does It Live Up To Human Rights Standards, June Mary Zekan Makdisi
The Affordable Care Act: Does It Improve Health And Does It Live Up To Human Rights Standards, June Mary Zekan Makdisi
Intercultural Human Rights Law Review
Let me begin with an assumption that health is a human right. One can find a right to health in Article 25 of The Universal Declaration of Human Rights, which provides that "[e]veryone has the right to a standard of living adequate for ... health... , including ... medical care."' This document is considered "a milestone document in the history of human rights" because it is the first record whereby nations collectively recognized, in writing, that some rights were so fundamental to human flourishing that they were to be universally protected.
Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup
Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup
Hampton Roads Intergovernmental Pilot Project: Reports
A legal primer developed by the Legal Working Group of the Hampton Roads Sea Level Rise Preparedness and Resilience Intergovernmental Pilot Project. Includes a memo from Roy A. Hoagland, Chair of the IPP Legal Working Group and Director of the Virginia Coastal Policy Clinic at William & Mary Law School to Jim Redick, Chair of the IPP Steering Committee, dated August 13, 2015.
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Articles & Chapters
Under the newly passed Leahy-Smith America Invents Act (AIA), the U.S. Patent and Trademark Office may hear new challenges to stem cell patents. Here, we explore how the new law affects challenges to stem cell patents, focusing on two recent cases, and discuss the future of stem cell patent disputes.
The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely
The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely
Articles & Chapters
The US Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc. declared, for the first time, that isolated human genes cannot be patented. Many have wondered how genes were ever the subjects of patents. The answer lies in a nuanced understanding of both legal and scientific history. Since the early twentieth century, “products of nature” were not eligible to be patented unless they were “isolated and purified” from their surrounding environment. As molecular biology advanced, and the capability to isolate genes both physically and by sequence came to fruition, researchers (and patent offices) began to apply …
How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins
How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins
Department of Sociology: Faculty Publications
Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …
Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan
Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan
Research Collection Yong Pung How School Of Law
Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …
Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson
Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson
Walden Dissertations and Doctoral Studies
Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …