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Full-Text Articles in Law

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler Jan 2024

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler

Mitchell Hamline Law Review

No abstract provided.


The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta Nov 2023

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

Popular Media

The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.


Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein Jun 2022

Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein

Pepperdine Dispute Resolution Law Journal

The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation vs. combination of …


Legalization Without Disruption: Why Congress Should Let States Restrict Interstate Commerce In Marijuana, Scott Bloomberg, Robert A. Mikos Jun 2022

Legalization Without Disruption: Why Congress Should Let States Restrict Interstate Commerce In Marijuana, Scott Bloomberg, Robert A. Mikos

Pepperdine Law Review

Over the past twenty-five years, states have developed elaborate regulatory systems to govern lawful marijuana markets. In designing these systems, states have assumed that the Dormant Commerce Clause (“DCC”) does not apply; Congress, after all, has banned all commerce in marijuana. However, the states’ reprieve from the doctrine may soon come to an end. Congress is on the verge of legalizing marijuana federally, and once it does, it will unleash the DCC, with dire consequences for the states and the markets they now regulate. This Article serves as a wake-up call. It provides the most extensive analysis to date of …


Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne Apr 2022

Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne

Articles

One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. We use principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows us to situate the distinctions …


Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal Jan 2022

Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal

English Faculty Publications

This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the second section of the book, which focuses on the effectiveness of legal responses to gendered violence. As with the previous introductory dialogue, the discussion takes place after preliminary drafts had been completed, and the authors share their thoughts on the subjects they will each discuss in more detail in the following chapters. These include the impact of cultural and gender bias within the Indian legal system, the insufficient impact of long-overdue reforms in Japan's sexual violence …


Legalization Without Disruption: Why Congress Should Let States Restrict Interstate Commerce In Marijuana, Scott P. Bloomberg Jan 2022

Legalization Without Disruption: Why Congress Should Let States Restrict Interstate Commerce In Marijuana, Scott P. Bloomberg

Faculty Publications

Over the past twenty-five years, states have developed elaborate regulatory systems to govern lawful marijuana markets. In designing these systems, states have assumed that the Dormant Commerce Clause (“DCC”) does not apply; Congress, after all, has banned all commerce in marijuana. However, the states’ reprieve from the doctrine may soon come to an end. Congress is on the verge of legalizing marijuana federally, and once it does, it will unleash the DCC, with dire consequences for the states and the markets they now regulate. This Article serves as a wake-up call. It provides the most extensive analysis to date of …


Legal Interventions And Access To Maternal Health Services By Women With Disabilities (Wwd) In Bangladesh: Lessons From Canada, Khandakar Kohinur Akter Jan 2022

Legal Interventions And Access To Maternal Health Services By Women With Disabilities (Wwd) In Bangladesh: Lessons From Canada, Khandakar Kohinur Akter

Electronic Theses and Dissertations

This thesis investigates how and why women with disabilities are facing various kinds of barriers and challenges while accessing maternal health services. It tries to focus on the barriers in the built environment and attitudinal barriers that hinder the way of getting maternal health services by women with disabilities which they are entitled to.

A literature review discusses the major barriers which women with disabilities encounter across different jurisdictions along with Bangladesh. The literature review on the accessibility of Bangladesh and real-life stories confirms the existence of some common barriers women with disabilities face while accessing maternal health services.

Further, …


Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko Dec 2021

Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko

University of Miami International and Comparative Law Review

The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …


Legal Education For The Future Of Indonesia: A Critical Assessment, Sulistyowati Irianto Aug 2021

Legal Education For The Future Of Indonesia: A Critical Assessment, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This paper aims to analyze the extent to which higher education in law is able to prepare graduates to think critically and respond in a reform-minded way to changes in society. Legal developments have always been unable to catch up with the speed of change in society, especially due to political constraints in the law-making process. This paper aims to explain the position of legal education which attempts to bridge the gap between the law-making process, the existing normative legal system, and community development. To what extent are legal education managers open to formulating and implementing the curriculum? Is there …


Benevolent Exclusion, Anna Offit Jun 2021

Benevolent Exclusion, Anna Offit

Washington Law Review

The American jury system holds the promise of bringing common sense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on income or wealth. The problem of unequal access to jury service based on socio-economic disparities is a longstanding yet under-studied problem—and one which the uneven fallout of the COVID-19 pandemic only exacerbated. Like race- and sex-based jury discrimination during the peremptory challenge phase of jury selection, the routine dismissal of citizens who face economic hardship excludes not only people but also the …


Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis Jan 2021

Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis

Faculty Articles

This Article offers a new theoretical approach to understanding resistance to legal change in the corporate and commercial context by introducing the sociological concept of "community economic identity" (CEI) into legal scholarship. I argue that community leaders (typically, but not exclusively, from the political, legal, and business spheres) generate public and recognizable identities-e.g., "Coal Country" or "Motor City"-with respect to some commercial activities. These identities influence how law reform is conceived and deployed within jurisdictional boundaries (i.e., country, state, town, region, etc.). CEI complicates the prevailing public choice narrative regarding the influence of special interests in the law reform process. …


Reforming The Legal Process: An End To Human Trafficking In Latin America, Miranda Carnes Jan 2021

Reforming The Legal Process: An End To Human Trafficking In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.


What The Access To Justice Crisis Means For Legal Education, Kathryne M. Young Jan 2021

What The Access To Justice Crisis Means For Legal Education, Kathryne M. Young

GW Law Faculty Publications & Other Works

Despite enormous social, legal, and technological shifts in the last century, the structure of legal education has remained largely unchanged. Part of the reason so little change has occurred is that the current model mostly “works”; it produces a professional class of lawyers to populate the ranks of law firms and government entities. At the same time, for decades, legal education researchers have considered it practically axiomatic that law school has room for improvement.

In this Article, I argue that the access to justice crisis—a deficit of just resolutions to justiciable civil justice problems for everyday people—compels an overdue examination …


Drug Policy Reform In The Americas: A Welcome Challenge To International Law, Alvaro Santos Oct 2020

Drug Policy Reform In The Americas: A Welcome Challenge To International Law, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the …


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …


Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro Apr 2020

Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro

Jurnal Hukum & Pembangunan

The emergence of World Bank legal reform projects in promoting the rule of law has been successful to encourage third world countries to reform their legal aspects to help formulate market friendly policy. This article tries to question the concept of rule of law that is materialized in many World Bank legal reform projects by using critical legal perspective to analysis legal scholarship on the role of law in the context of development. It trying to present an alternative explanation of World Bank’s rule of law which we are hypothetizing as a neoliberal concept. World Bank’s rule of law are …


Rules, Tricks And Emancipation, Jessie Allen Jan 2020

Rules, Tricks And Emancipation, Jessie Allen

Book Chapters

Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …


When Congress Acts: Judicial Procedural Innovation And The Pslra, Briana L. Rosenbaum Apr 2019

When Congress Acts: Judicial Procedural Innovation And The Pslra, Briana L. Rosenbaum

Scholarly Works

No abstract provided.


When The Chinese Intellectual Property System Hits 35, Peter K. Yu Nov 2018

When The Chinese Intellectual Property System Hits 35, Peter K. Yu

Peter K. Yu

This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system’s three phases of development. It discusses the system’s evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.


When The Chinese Intellectual Property System Hits 35, Peter K. Yu Feb 2018

When The Chinese Intellectual Property System Hits 35, Peter K. Yu

Faculty Scholarship

This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system’s three phases of development. It discusses the system’s evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.


Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele Dec 2017

Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele

Journal of International Technology and Information Management

This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.


Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson Aug 2017

Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …


The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller Apr 2015

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

All Faculty Scholarship

Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …


Locking Out Lawful Users: Fair Dealing And Anti-Circumvention In Bill C-32, Carys J. Craig Feb 2015

Locking Out Lawful Users: Fair Dealing And Anti-Circumvention In Bill C-32, Carys J. Craig

Carys Craig

This chapter examines the potential impact of the proposed fair dealing and anti-circumvention provisions in Canada’s most recent copyright reform bill, Bill C-32. I suggest that the minimal expansion of the fair dealing defence to cover “new” purposes, as well as the addition of a few new user exceptions, while welcome, is insufficient to ensure the breadth of user defences that the copyright balance demands. Moreover, the extensive protection of technological protection measures without any regard for lawful uses of copyright material has the potential to effectively eviscerate fair dealing in the digital age. Many acts permitted in relation to …


Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston Apr 2014

Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …


Abi Commission Testimony November 7, 2013, George Kuney Apr 2014

Abi Commission Testimony November 7, 2013, George Kuney

Scholarly Works

There are two areas that I believe should be the focus of Chapter 11 reform: reducing reorganization costs in small to middle-market cases and instituting a uniform structure and process for § 363 sales of substantially all the assets of a debtor. Essentially, I think that the plan process in all cases needs to be streamlined and sped up to decrease transactions costs, and the 363 sale process needs to be slowed down to promote more robust disclosure and exposure of the assets in question to the market.


Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson Jan 2014

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …


The Politics Of Protecting Children: Litigation For Change, Dean Rivkin, Jacqueline Dixon, Robert Schwartz Jan 2014

The Politics Of Protecting Children: Litigation For Change, Dean Rivkin, Jacqueline Dixon, Robert Schwartz

College of Law Faculty Scholarship

No abstract provided.


Macao’S Legal System Under Globalization And Regional Integration: Between Tradition And Evolution, Dan Wei Jun 2013

Macao’S Legal System Under Globalization And Regional Integration: Between Tradition And Evolution, Dan Wei

DAN WEI

No abstract provided.