Law Commons^™

The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway

Scholarly Works

No abstract provided.

A Time Keeping Exercise For Law Students Using Excel, Jennifer L. Dubetz

Faculty & Staff Scholarship

John Lennon sang, “Life is what happens to you while you're busy making other plans”. How do Law students plan and spend their time? The Time Keeping Exercise was created to help our Lawyers as Leaders students find out. This poster will discuss how the Library got involved to bring to life the professor’s vision of a standardized time keeping system complete with data analysis and a respect for student privacy. Learn how we created our Excel Spreadsheet, the problems encountered, solutions discovered, and the improvements made though five years of the Time Keeping Exercise. Additionally, the Time Keeping Exercise …

About The Journal, Asna Nayani, Editorial Team

Florida Atlantic University Undergraduate Law Journal

The Florida Atlantic University Undergraduate Law Journal (ULJ) is a student led research organization dedicated to promoting the discussion of contemporary legal topics as well as providing a forum for students who have an interest in the law. Our students engage in a collaborative editorial process designed to encourage and refine ideas and writing skills. FAU undergraduate students are invited to participate by submitting articles related to legal issues and to facilitate publication by managing the editorial and business processes.

The Securities And Environment Commission? The Sec Greenhouse Gas Disclosure Rule For Investment Advisers And Companies And The Fight Against Administrative Overreach, Isaiah P. Harlan

Northern Illinois University Law Review

This article discusses the 2022 Supreme Court case West Virginia v. EPA in which the Supreme Court utilized the Major Questions Doctrine to analyze the EPA’s Clean Power Plan. After detailing the litigation leading up to and the ultimate decision in West Virginia v. EPA, I describe the SEC’s proposed rule requiring enhanced environmental disclosures and analyze the cited statutory authority in the proposed rule. Based upon the statutory and case law analysis that I have done, I conclude that the SEC has acted outside of the scope of its congressionally delegated authority.

Esg Factors In Municipal Securities Disclosures: Toward A Materiality Concept, Justin Marlowe

Northern Illinois University Law Review

State and local governments in the United States finance most of their infrastructure investment with debt instruments known as municipal bonds. The federal government does not directly regulate when or how municipal issuers access the municipal bond market, and only indirectly regulates the content of municipal borrowers’ disclosure to investors. A consequence of that unique regulatory structure is that municipal borrowers have wide discretion on whether to disclose falling property values, rising crime rates, and other long-term threats to their ability to repay investors. This is at odds with the ever-expanding information needs of investors who seek to align their …

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

Genocide In Gaza: Analysis Of International Law And Its Application To Israel’S Military Actions Since October 7, 2023, Susan Akram

Faculty Scholarship

The prohibition of the crime of genocide is a peremptory norm of international law from which no derogation is permitted. In light of the extraordinary implications of a finding that Israel may be committing genocide against the Palestinian people in Gaza, the University Network for Human Rights, the International Human Rights Clinic at Boston University School of Law, the International Human Rights Clinic at Cornell Law School, the Centre for Human Rights at the University of Pretoria, and the Lowenstein Human Rights Project at Yale Law School have conducted a thorough legal analysis of Israel’s acts since October 7, 2023, …

Strengthening The Illinois Freedom Of Information Act: Affording The Administrative Enforcement Necessary For Government Transparency And Accountability, Joshua Jenkins

Northern Illinois Law Review Supplement

The Illinois Freedom of Information Act was amended in 2009 to avail a greater level of government transparency. The amendments to the Act have given Illinois some of the transparency the Legislature sought to provide, however, there are some issues with the administrative remedy which have prevented full openness of government information as envisioned. The administrative remedies created to provide oversight of government compliance with the Act have not fully fulfilled their role and reform is needed. This article analyzes the circumstances surrounding the application of the Act as it relates to the public’s interaction with law enforcement. Specifically, this …

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …

Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady

Northern Illinois University Law Review

Imposter syndrome, initially coined “imposter phenomenon” by psychologists Pauline Clance and Suzanne Imes, refers to “a psychological experience of intellectual and professional fraudulence.” Those who suffer from imposter syndrome typically experience an all-encompassing fear they are not as intelligent, successful, or accomplished as their qualifications suggest, and thus are bound to ultimately be exposed as “frauds.” To counter these feelings, those who struggle with imposter syndrome set unrealistically high goals for themselves, only to be dissatisfied with any performance that is short of perfection. Over time, this ongoing psychological pressure leads to poor emotional well-being, decreased senses of self-confidence and …

Anti-Lgbt Legislation In Florida: A Prime Example Of States Mentally Harming Lgbt Youth, Kyla Tinsley

Northern Illinois University Law Review

While there has been a growing societal acceptance of LGBT individuals throughout the decades, anti-LGBT bills and laws within the states are on the rise—in particular, bills against LGBT youth. The most famous anti-LGBT law currently in place is Florida’s “Parental Rights in Education” law. The prevalence and inconsistent application of such legislation raises constitutional questions surrounding the rights of LGBT youth, as well as the negative effects the legislation has had on LGBT youth’s mental health and their perception of the legal system they are supposed to trust in and rely on. This Article discusses the impact state anti-LGBT …

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black

Helm's School of Government Conference - 2021-2024

The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …

Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …

Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori Z. Soltes, Rachel Stern, Endy Moraes

Religion

Embracing hospitality and inclusion in Abrahamic traditions

One of the signal moments in the narrative of the biblical Abraham is his insistent and enthusiastic reception of three strangers, a starting point of inspiration for all three Abrahamic traditions as they evolve and develop the details of their respective teachings. On the one hand, welcoming the stranger by remembering “that you were strangers in the land of Egypt” is enjoined upon the ancient Israelites, and on the other, oppressing the stranger is condemned by their prophets throughout the Hebrew Bible.

These sentiments are repeated in the New Testament and the Qur’an …

Building A Cleaner, More Resilient Energy System In Cuba: Opportunities And Challenges, Korey Silverman-Roati, Daniel Whittle, Romany M. Webb, Jeffrey P. Fralick, Lila Harmar

Sabin Center for Climate Change Law

Cuba’s energy sector is at a crossroads. The country’s mostly fossil fuel-fired energy system faces a number of longstanding and serious challenges, including breakdowns at aging power plants, decreasing fuel imports and fuel shortages, and the growing threat of climate change-related disruptions. In recent years, Cuba has seen frequent electric blackouts and brownouts that have affected residents, businesses, and government institutions island wide.

Compounding these problems, Cuba is facing a severe economic crisis. In 2022, year-on-year inflation was 39% (down from 77% in 2021). While inflation is estimated to have dropped to 30% in 2023, the price of food increased …

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …

Law’S Impact On Collaboration: A Three-Case Study Of Federal Advisory Committees Managed By The U. S. Coast Guard, Brian K. Mcnamara

School of Public Service Theses & Dissertations

Much remains to be learned about law’s impact on collaboration. Although law is one of the foundational disciplines of public administration, scholars assert that the field focuses on management principles to the detriment of law. Whether this assertion is correct as a general matter for the field, collaboration scholarship lacks empirical examination of the law’s role in collaboration processes.

This three-case study of federal advisory committees managed by the U.S. Coast Guard examines law’s impact on collaboration through the lens of Thomson and Perry’s (2006) Process Model. A qualitative method is used to capture participants’ perceptions of law and their …

Authentication Of Cybernetic Avatars And Legal System Challenges; With A View To The Trial Concept Of New Dimensional Domain Jurisprudence (Ai, Robot, And Avatar Law), Fumio Shimpo

Japanese Society and Culture

This article aims to illustrate the basis for the development of authentication, which will be the foundation of future cybernetic-avatar (CA) infrastructures, enabling the safe and secure use of CA’s. This will be realised by the authentication of CA operators (User Authentication Technology), identification and authentication of CA’s (CA Authentication), and ensuring connectivity and existence between operators (User Entities) and the CA’s themselves (CA Notarisation). An ELSI (Ethical, Legal, Social Implications) research platform will be established, to develop a new dimension of the legal field, that is, AI, Robot, and Avatar Law to solve the social issues and realise an …

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller

Book Chapters

The subject of this chapter is Grágás, the compilation of the laws of Iceland in the Commonwealth period. The chapter begins by outlining the court structure of Iceland and the fundamentals of legal procedure, briefly discussing the importance of law to the conversion narrative in Íslendingabók and its account of the first decision to put Iceland’s laws into writing. It describes the distinctive concepts and customs which underlie the legal system of medieval Iceland, looking at the role of the búi (neighbour) in legal procedure, and explaining the key concepts of helgi (the right of inviolability), grið (domicile, or household …

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

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

Reproductive Justice At Work: Employment Law After Dobbs V. Jackson Women’S Health Organization, Laura T. Kessler

Utah Law Faculty Scholarship

In June 2022, in Dobbs v. Jackson Women's Health Organization, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, landmark decisions which held that the U.S. Constitution protected a right to abortion prior to fetal viability. Overnight, about 64 million American women of childbearing age potentially lost the right to decide what happens in their own bodies. In the two years since the decision, seventeen states have made most or all abortions illegal, with the fight over abortion still taking place in state and federal courts. Experts across fields have explored the decision's effects on health, economic …

An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South

Scholarly Works

This report analyzes information received in response to Freedom of Information Act requests to ICE about 287(g) agreements and detainer requests issued between fiscal year 2016 to 2020 in those states. This report concludes with specific recommendations for local, state, and federal governments to end LLE-ICE collaboration and repeal anti-immigrant policies.

Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt

Scholarly Works

Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …

Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen

Faculty Scholarship

No abstract provided.

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.