Law Commons^™

The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez

St. Thomas Law Review

The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …

Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods

St. Thomas Law Review

There can be no simple reading of a text, be it literary, philosophical or scientific, nor of the social text in the most general sense. Rather, the question must turn upon itself, no less than its putative object, as a matter of interpretation and, more important, as a matter of the forces at work in the interpretative activity under way. There is always the ascription of voice to what is otherwise silent, the attribution of a face or the placement of a mask. Le germe n’est rien, c’est le terrain qui est tout. The microbe is nothing, the soil is …

Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo

St. Thomas Law Review

This Comment addresses the negative effects that have resulted and will continue to result if police officers are encouraged by jurisprudence to conduct a warrantless search of an entire vehicle based on the smell of burnt marijuana. Warrantless searches of an entire vehicle based merely on the smell of burnt marijuana grant officers unlimited power that will likely result in police misconduct, an increase in racially profiled traffic stops, and a distrust between police officers and the Black community amid the nationwide outrage over the death of George Floyd. Part II of this Comment discusses the history of the Fourth …

Foreword, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Tsai Today (2021), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The Case For Presumptions Of Evil: How The E.O. 13873 'Trump' Card Could Secure American Networks From Third-Party Code Threats, Caroline Elyse Burks

American University National Security Law Brief

No abstract provided.

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

Is It Actually Violence? Framing Technology-Facilitated Abuse As Violence, Suzie Dunn

Articles, Book Chapters, & Popular Press

When discussing the term “Technology-Facilitated violence” (TFV) it is often asked: “Is it actually violence?” While international human rights standards, such as the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women, have long recognized emotional and psychological abuse as forms of violence, including many forms of technology-facilitated abuse, law makers and the general public continue to grapple with the question of whether certain harmful technology-facilitated behaviors are actually forms of violence. This chapter explores this question in two parts. First, it reviews three theoretical concepts of violence and examines how these concepts apply to technology-facilitated …

Nigeria’S Petroleum Industry Bill: A Missed Opportunity To Prepare For The Zero-Carbon Future, Solina Kennedy, Martin Dietrich Brauch, Perrine Toledano, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

With Nigeria’s National Assembly debating the proposed Petroleum Industry Bill (PIB) in the first quarter of 2021 – after nearly two decades of attempted reform of the country’s petroleum sector – Nigeria has a unique opportunity to rethink the role of the oil and gas industry in Nigeria’s economy and build out the country’s energy sector and economic capacity for the long term. CCSI’s report Equipping the Nigerian National Petroleum Corporation (NNPC) for the Low-Carbon Transition, released before the PIB was publicized, advances suggestions on how to do so. The PIB takes notable steps toward much-needed reform of NNPC’s …

All Rise: Suiting Up When Showing Up For The Practice Of Law In The Covid-19 Virtual Legal Environment, Marissa Moran

Publications and Research

The age-old advice: “No matter how you feel, get up, dress up, and show up for work and life!” may be worth remembering as more legal professionals participate in virtual environments due to the COVID-19 mandated court closures.

Virtual court hearings, mediations, and meetings are taking place. Attorneys and legal educators have adapted to changes in how we meet clients and students by utilizing Blackboard Collaborative, Zoom, Cisco WebEx, Microsoft Teams, Google Meet/Hangouts, and Skype. Do such changes in our ways of meeting and communicating-within the virtual environment-bring with them a corresponding change in expectations of what is appropriate attire …

The Effects Of National Security On Supreme Court Case Decisions Involving Civil Liberties, Callie Gerzanics

Williams Honors College, Honors Research Projects

This research project will analyze the effects that national security laws and tensions have on civil liberties and Supreme Court case decisions. National security has been a primary objective for the United States of America for as long as wars have been fought and enemies have been made. National security continues to be a concern for the U.S. government, especially with the prominence of technology that has made the U.S. more vulnerable to breaches in security, such as cybernetic attacks. The motivations behind this project stem from a concern of how national security can influence Supreme Court decisions, police arrests, …

The Impact Of Voluntariness Of Apologies On Victims’ Responses In Restorative Justice: Findings Of A Quantitative Study, Alfred Allan, Justine De Mott, Isolde Larkins, Laura Turnbull, Tracey Warwick, Lacey Willett, Maria M. Allan

Research Datasets

Combined data of three studies (N=164; 121 and 236 respectively) that investigated whether the voluntariness of apologies influenced recipients’ perception of the sincerity of apologies; acceptance of apologies; willingness to forgive offenders; and intended retributive behavior towards offenders.

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 16 (2021).

Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell

Intercultural Human Rights Law Review

This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.

Crime And The Mythology Of Police, Shima Baughman

Utah Law Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Masthead

Touro Law Review

No abstract provided.

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.

Elected-Official-Affiliated Nonprofits: Closing The Public Integrity Gap, Richard Briffault

Faculty Scholarship

Recent years have witnessed the growing use by elected officials, particularly state and local chief executives, of affiliated nonprofit organizations to advance their policy goals. Some of these organizations engage in public advocacy to advance a governor’s or mayor’s legislative program. Others operate more like conventional charities, raising philanthropic support for a range of governmental social welfare programs. Elected officials fundraise for these organizations, which are often staffed by close associates of those elected officials, and the organizations’ public communications frequently feature prominently the name or likeness of their elected-official sponsor. As these organizations do not engage in electioneering, they …

States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg

Intercultural Human Rights Law Review

This essay reviews Israel's Jewish Identity Crisis: State and Politics in the Middle East, published last year by Yaacov Yadgar (Stanley Lewis Professor of Israel Studies at the University of Oxford School of Global and Area Studies). His book connects Israel's sometimes arcane internal identity debates to core issues in the Israel/Palestine conflict, a connection largely unexamined prior to this book.

Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp

Faculty Scholarship

The name of our friend Derek Roebuck will always be linked to the long history of arbitration and mediation which he has chronicled so thoroughly in a dozen volumes by my count and many articles and chapters. On a spectrum of dispute resolution methods from formal courtroom litigation to savage brute force, arbitration stands at an interesting intermediate point. In tribute to Derek’s memory, I offer this glimpse of a curious episode at the intersection of due process of law, armed violence and principled arbitration. It reminds us that these three alternatives were not always as widely differentiated as we …

The Transient And The Permanent In Arbitration, William W. Park

Faculty Scholarship

Several years ago, Jan Paulsson observed that Derek Roebuck might substitute for a time machine, providing a way for us to voyage backward with a guide to put everything in context. Indeed, the great Derek Roebuck, to whom we dedicate this set of essays, gave much of his professional life to making sure that by receiving a glimpse of dispute resolution in earlier times, we might have an opportunity better to understand the reality of present-day arbitration.

Properties Of Intimacy, Emily J. Stolzenberg

Faculty Publications

Today, nearly nineteen million U.S. adults are cohabiting with an intimate partner. Yet family law continues to struggle with the question whether these unmarried partners should have relationship-based rights in one another’s property. Generally speaking, states answer “no.” Because cohabitants are not spouses, they’re treated like strangers. As a result, their property rights usually follow title, and richer partners tend to walk away with a large proportion of the property acquired during the relationship. This Article shows the “cohabitant problem” to be no anomaly, but rather the clearest manifestation of family law’s overarching structure. In marital property regimes as well …

Inconspicuous Victims, Itay Ravid

Faculty Publications

Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …

Policing Symmetry, Teressa Ravenell, Riley H. Ross Iii

Faculty Publications

Every day, criminal court judges across the United States decide whether the police had probable cause to arrest a suspect. When a court finds the police lacked probable cause, the arrestee may bring a 42 U.S.C. § 1983 civil claim against the arresting officer or municipality for a wrongful arrest. Yet, under current issue preclusion rules, whether the civil court will relitigate probable cause depends, in part, on who prevailed at the criminal court hearing. If the government prevails, the suspect will be precluded from relitigating the question of probable cause because they were a party to the original suit. …

Governing Privacy In Knowledge Commons, Brett M. Frischmann, Madelyn Rose Sanfilippo, Katherine J. Standburg

Faculty Publications

No abstract provided.

Does Tax Matter? Evidence On Executive Compensation After 162(M)'S Repeal, Andrew Lund, Brian Galle, Gregg D. Polsky

Faculty Publications

No abstract provided.

Difficulty Of Care: Alligning Tax And Health Care Policy For Family Caregiving, Christine S. Speidel

Faculty Publications

In the United States millions of people live with disabilities, many of whom require assistance with activities of daily life to remain in their homes and communities. However, financial support for this assistance is limited. Many caregivers forgo working outside the home in order to provide care to a family member. And while state and federal programs provide some compensation for caregiving, caregivers frequently face problems including poverty, lack of health insurance, lack of Social Security and Medicare credits, and lack of retirement savings. Our nation’s paltry support for caregiving threatens the practical ability of people with disabilities to choose …

Legal Diplomacy In An Age Of Authoritarianism, Fernanda Giorgia Nicola Dr.

Scholarly Articles in Law Reviews & Journals

No abstract provided.