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Articles 301 - 330 of 6238
Full-Text Articles in Law
Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon
Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Ok, Computer: Harnessing Ai In Contracts To Change How Our Students Will Practice And How We Will Teach, Mark E. Need
Ok, Computer: Harnessing Ai In Contracts To Change How Our Students Will Practice And How We Will Teach, Mark E. Need
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon
The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm
Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Taking Care Of Business Where Business Takes No Care, Chris Adams, Missy Risser
Taking Care Of Business Where Business Takes No Care, Chris Adams, Missy Risser
Transactions: The Tennessee Journal of Business Law
No abstract provided.
How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law’S Innovative Approach, Marcia Narine Weldon, Ian Nelson
How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law’S Innovative Approach, Marcia Narine Weldon, Ian Nelson
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Introducing Law Students To Transactional Practice: From Using Precedent To Closing The Deal, Ben Fernandez
Introducing Law Students To Transactional Practice: From Using Precedent To Closing The Deal, Ben Fernandez
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Balancing Predictability With Flexibility In Contract Negotiation And Drafting, Tahirih V. Lee
Balancing Predictability With Flexibility In Contract Negotiation And Drafting, Tahirih V. Lee
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching Dobbs As A Contemporary Case Study Of Federalism In Action And An Introduction To The Cross-Disciplinary Nature Of The Law, Antonia A.B. Miceli
Teaching Dobbs As A Contemporary Case Study Of Federalism In Action And An Introduction To The Cross-Disciplinary Nature Of The Law, Antonia A.B. Miceli
Saint Louis University Journal of Health Law & Policy
With its decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court ended the constitutional right to an abortion, overturning Roe v. Wade and Planned Parenthood v. Casey, and returned the issue of legal access to an abortion to the states. Prior to Dobbs, reproductive rights and the right to an abortion were firmly situated within the substantive due process and fundamental rights coverage of law school constitutional law courses. But this coverage often falls late in, or completely outside the scope of, the required constitutional law curriculum at U.S. law schools. This Article offers the …
A Critical Assessment Of Bill S-203, Ending The Captivity Of Whales And Dolphins Act: Challenging The Exclusivity Of Anthropocentrism And Science-Based Justifications, Rachel De Graaf
Animal Law Review
Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) became Canadian law in 2019, banning the captivity of cetaceans. This Article critically examines Bill S-203, arguing that it is underpinned by anthropocentric and science-based justifications that will work as exclusionary forces against many animals in need of legal protection. Instead, the Article advocates for an empathetic and multi-jural approach that accounts for human-animal interconnectedness and the unique cultures of animals. This argument is theoretically rooted in vegan ecofeminism’s empathic and non-binaristic perspective. As such, this Article scrutinizes the reasoning behind …
Environmental Enrichment For Farmed Animals, Alexandra Schauer
Environmental Enrichment For Farmed Animals, Alexandra Schauer
Animal Law Review
Environmental enrichment standards are set in many animal welfare laws, but such protections are generally withheld from farmed animals. Instead, farmed animals are subject to substandard enclosures that are under-stimulating and inappropriate for their species-specific behavioral needs. Scientific studies have shown that the inclusion of environmental enrichment in an animal’s enclosure balances their production of stress hormones, which has beneficial implications for the overall health and wellbeing of the animal. Establishing enclosure standards for farmed animals that include provisions relating to environmental enrichment would improve farmed animal well-being and, subsequently, the health of the humans who consume products deriving from …
Saving Species Or Sacrificing Science?: Navigating The Legal Labyrinth Of Research And Conservation Through The Case Of The Long-Tailed Macaque, Maliat Chowdhury
Saving Species Or Sacrificing Science?: Navigating The Legal Labyrinth Of Research And Conservation Through The Case Of The Long-Tailed Macaque, Maliat Chowdhury
Animal Law Review
For decades, long-tailed macaques have served an instrumental role in advancing biomedical research. However, due to the recent primate shortage in U.S. laboratories, these macaques have become coveted targets for poachers. In 2022, the International Union for Conservation of Nature (IUCN) elevated the long-tailed macaque’s threat level from “Vulnerable” to “Endangered,” citing research-related capture as a critical factor contributing to their decline. Under this new status, long-tailed macaques are at risk of being categorized under Appendix I of CITES, a designation that will subject them to stricter trade regulations. Alarmed by the potential obstacles this reclassification may pose to scientific …
Animal Sentience Should Be The Key For Future Legislation, Margaret Landi, Lida Anestidou
Animal Sentience Should Be The Key For Future Legislation, Margaret Landi, Lida Anestidou
Animal Law Review
This Article posits that changes in U.S. laws and policies regarding animal experimentation depend on the recognition of animal sentience. Sentience—distinct from cognition and self-awareness—is the ability of an animal to experience pain, pleasure, and other emotions. First, this Article reviews the reasons animals are still used in biomedical research and the relevant characteristics of U.S. law. This is followed by a discussion of sentience and the concepts of cognition and self-awareness, and a discourse on societal interests. The Article concludes with an analysis of six bioethical principles considered central to the future of animal experimentation. Overall, conferring sentience would …
Why Equity Follows The Law, Adam J. Macleod
Why Equity Follows The Law, Adam J. Macleod
Faculty Articles
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …
An Artificially Intelligent Approach To Medical Device Monitoring, Cristian A. Rodriguez
An Artificially Intelligent Approach To Medical Device Monitoring, Cristian A. Rodriguez
St. Thomas Law Review
The integration of artificial intelligence (Al) in medical devices, particularly the subset of Al technologies known as machine learning, has sparked a new era of precision and efficiency in healthcare. AI/ML-enabled medical devices are proving to be invaluable as they have already improved patient diagnosis, treatment, and disease prediction. As machine learning continues to be adopted in medical devices, the U.S. Food and Drug Administration (FDA) continues to receive more marketing submissions and pre-submissions for AI/ML-enabled medical devices, a trend that is expected to increase over time. While the FDA has made significant progress in proposing regulatory frameworks that will …
The Future Of Livestock Genetic Engineering In The United States: Going Against The Grain Or With The Herd?, Sam Harvey
The Future Of Livestock Genetic Engineering In The United States: Going Against The Grain Or With The Herd?, Sam Harvey
St. Thomas Law Review
For several years, the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have carried tension over which agency should regulate genetically modified livestock. Recently, this tension has boiled over with the release of many articles and statements from each organization as they battle over regulatory authority, most notably the USDA's claim that they are ready to take the bull by the horns and control the regulation of genetically engineered livestock. This note examines history and present-day practices to predict which agency will succeed in this battle of regulations, the USDA or the FDA.
Time For Reform, Not Abolition: Balancing Justice And Morality Through Amendment Of The Federal Death Penalty, Madison Steinkamp
Time For Reform, Not Abolition: Balancing Justice And Morality Through Amendment Of The Federal Death Penalty, Madison Steinkamp
St. Thomas Law Review
In 1987, President Ronald Reagan addressed Congress, saying it was "scandalous and intolerable" that federal law did not provide for an enforceable death penalty.' Ten years prior, following a brief moratorium on its application, the death penalty had been ruled constitutional. While thirty-five states had already reinstated the death penalty at the state level and constitutionally executed ninety-three prisoners since 1976, Congress had not yet enacted the rational, objective standards necessary for applying the death penalty constitutionally. In the year following his speech to Congress, President Reagan successfully signed the federal death penalty into law through the Anti-Drug Abuse Act …
Lessons From Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies In Place Of Prosecutorial Amnesty, Jeremy J. Perillo
Lessons From Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies In Place Of Prosecutorial Amnesty, Jeremy J. Perillo
St. Thomas Law Review
The United Kingdom ("U.K.") has a long, rich, and complicated history, but is likely better known contemporarily through its icons, the late Queen Elizabeth II and Big Ben, for example. Beyond that surface, formulated through its time as an expansive empire, is the complexity and controversy that comes with being the U.K., a prominent global hegemonic power throughout generations. One such complexity that has spanned centuries is the demarcation between Northern Ireland ("N.I.") and the Republic of Ireland. In early September 2023, the U.K.'s House of Commons ("Parliament") passed the Northern Ireland Troubles (Legacy and Reconciliation) Act ("the Act"), intending …
Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi
Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi
Seattle University Law Review
Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …
Tsai Today (2024), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today (2024), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today
No abstract provided.
The Unreasonableness Of The Reasonable Woman Standard: Evaluating And Reforming Sexual Harassment Jurisprudence, Richa Parikh
The Unreasonableness Of The Reasonable Woman Standard: Evaluating And Reforming Sexual Harassment Jurisprudence, Richa Parikh
CMC Senior Theses
The “Reasonable Woman Standard” was first used in the 1991 case of Ellison v. Brady and has been central in shaping legal responses to sexual harassment. However, as societal norms and understandings of gender dynamics continue to evolve, as we experienced with the #MeToo movement, this “Reasonable Woman” often fails to grow with the times. I argue that this “Reasonable Woman” fails to encapsulate the complexities of sexual harassment experiences across different genders and cultural backgrounds. In this thesis, I deconstruct the historical development of the “Reasonable Woman Standard,” analyzing its roots in the “Reasonable Person Standard.” Through a combination …
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
CMC Senior Theses
A system of civil recourse is a precondition for a just society. In this paper, I outline the ideal version of a system of civil recourse and analyze the accounts of various liberal philosophers to explain how a non-instrumental and mutual accountability theory of civil recourse best encapsulates its stated purpose. I analyze the American system of civil recourse, specifically tort law, and argue that it bypasses the threshold of tolerable injustice for marginalized people in the United States. Using Tommie Shelby’s framework in Dark Ghettos: Injustice, Dissent, and Reform, I argue that marginalized people are not obligated by …
Renewing Study Into The Oldest Hatred: Introduction To The Law Vs. Antisemitism Symposium, David Schraub
Renewing Study Into The Oldest Hatred: Introduction To The Law Vs. Antisemitism Symposium, David Schraub
Lewis & Clark Law Review
This short essay provides an introduction to the Lewis & Clark Law Review's "Law vs. Antisemitism" symposium, which grew out of the conference by the same name hosted at Lewis & Clark in the spring of 2023. In addition to overviewing the contributions to the symposium, the introduction provides some background on the relative paucity of legal scholarship that has addressed antisemitism, and the importance of including antisemitism in the otherwise robust legal academic conversation occurring around other forms of oppression and social discrimination.
The Anti-Defamation League And The Evolution Of Hate Crime Laws, Steven M. Freeman
The Anti-Defamation League And The Evolution Of Hate Crime Laws, Steven M. Freeman
Lewis & Clark Law Review
No abstract provided.
The Displaced Persons Act Of 1948 And Home-Grown Antisemitism, Felice Batlan
The Displaced Persons Act Of 1948 And Home-Grown Antisemitism, Felice Batlan
Lewis & Clark Law Review
This Article examines the 1948 Displaced Persons Act which provided for the ability of certain European refugees to immigrate to the United States following World War II. The 1948 Act discriminated against Jewish survivors of the Holocaust and imprinted Nazi racial laws and ideology upon U.S. law. Moreover, in debates over passage of such a law, a vast amount of overt antisemitism emerged, generated by politicians and ordinary citizens, which went well beyond the question of the admission of refugees to the United States. By examining the complex and transnational events leading up to the 1948 Displaced Persons Act, and …
Antisemitic Terrorism, J. Richard Broughton
Antisemitic Terrorism, J. Richard Broughton
Lewis & Clark Law Review
Recent surges in antisemitic activity—and antisemitic violence, in particular—have led increasingly to conversations about the connections between antisemitism and domestic terrorism. While the nexus between antisemitic violence and domestic terrorism has long been expressed in rhetorical terms, its connection in legal terms—notably, federal criminal law—has been more attenuated. This Article explores that connection and finds that existing federal criminal law requires rethinking: it is underinclusive and thus inadequate to fully capture and punish the threats posed by today’s domestic violent extremism, and particularly antisemitic violence. The Article surveys recent federal prosecution in cases involving actual or threatened antisemitic violence, and …
The Legally Binding Character Of The International Holocaust Remembrance Alliance Working Definition Of Anti-Semitism, Kenneth L. Marcus
The Legally Binding Character Of The International Holocaust Remembrance Alliance Working Definition Of Anti-Semitism, Kenneth L. Marcus
Lewis & Clark Law Review
No abstract provided.
Asking The Jewish Question: The Import Of Jewish History To Corporate Law, Dalia T. Mitchell
Asking The Jewish Question: The Import Of Jewish History To Corporate Law, Dalia T. Mitchell
Lewis & Clark Law Review
This paper brings Jewish American history to bear upon the analysis of three major milestones in the development of corporate law’s fiduciary duties jurisprudence: Meinhard v. Salmon (N.Y. 1928), Bayer v. Beran (N.Y. 1944), and Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. (Del. 1986). Bringing to the fore the background of the Jewish litigants and the Jewish lawyers who represented them, I use Meinhard, Bayer, and Revlon to explore changing cultural attitudes toward Jewish Americans’ participation in corporate America (as investors, managers, or their legal representatives). I argue that these cases demonstrate how our ideas about the appropriate purpose …
Taming The Digital Wild West: The Need To Fully Regulate The Crypto Market, Shawn Stevenson
Taming The Digital Wild West: The Need To Fully Regulate The Crypto Market, Shawn Stevenson
Lewis & Clark Law Review
Despite past doubts from sophisticated investors, cryptocurrencies have fully emerged from the underground and become a hot topic in mainstream financial discussions. At its peak, the global crypto market possessed a market cap of nearly $3 trillion, with the vast amount of that value created in less than two years. But this rapid growth has also come with extreme volatility; now more than a year out from that peak, the global crypto market has shrunk to under $1 trillion and has been riddled by high-profile bankruptcies. On top of this extreme volatility, the largely unregulated crypto market has become an …