Law Commons^™

Marijuana Legalization And The Role Of The Massachusetts Legislature, Sean J. Kealy

Faculty Scholarship

The public is often frustrated when Congress or their state legislature is not responsive to their policy priorities. This was especially true during the effort to legalize marijuana in Massachusetts. The legislature consistently refused to take up the issue despite public support. Legalization advocates ultimately bypassed the legislature by turning to the ballot-initiative process on three occasions: first to decriminalize possession of small amounts of marijuana, then to legalize medical marijuana, and most recently to legalize recreational marijuana. After the electorate legalized recreational marijuana, the legislature further frustrated advocates, first by delaying implementation of key parts of the law and …

The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov

ProAcademy

The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed …

Public Interests And Their Contemporary Applications On The Family

UAEU Law Journal

This manuscript consists of an introduction, two sections and a conclusion. The first section was devoted to the definition, conditions, and reality of public interests. The following conclusions were reached.

1- A public interest was defined as an issue that was not defined or identified in the legal sources, or one which was neither approved nor rejected by legal texts.

2- Adopting public interests must be controlled by a number of conditions:

a) The public interest should be reasonable by itself. It has nothing to do with the ritual acts.

b) It should not contradict any source of legislation.

c) …

Provisions Of War Crimes According To The Islamic Legislation And International Law, Abdel-Majid Al Salahin

UAEU Law Journal

The Subject "war crimes" has become one of the contemporary issues at the international levels. It has also became of major concern in the audio and visual media; therefore, it has become a topic worthy of investigation from the points of view of Islamic Law and International Law. The research, therefore, investigated the concept of was crimes and compared the components of war crimes both in Islamic Law and International Law. The research explained the types of war crimes as viewed by Islamic Law, and cited practices which Islamic Law considers as war crimes such as the killing of prisoners, …

Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango

Catholic University Law Review

Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.

Even if you manage this cloud storage account, the government may be able to search your data without a warrant. Federal law provides little protection for cloud stored data. And the Fourth Amendment may …

Protection Of Criminal Offences To Face New Ethical Legislation In Jordan And United Arab Emirates

UAEU Law Journal

It is said that 'honor' is the most precious of all things to human, and that without it the life itself becomes undignified especially for societies who give too much of a weight to this matter such as the Islamic Arabian societies.

The world has recently witnessed massive changes in the way of life that has produced a variety of new crimes and criminal techniques which gravely scratches the person's honor. These had specific adverse consequences on the Arabic societies, since this part of the world has become easily connected to the rest of the liberal countries within the concept …

Legislation Regarding Exempting Al-Zakah Payers From Due Taxes (Deducting Al-Zakah From Due Taxes(, Mohammed Naim Yassin

UAEU Law Journal

This paper deals with the subject matter of whether the Muslim who pays Al-Zakah has the right to be exempted from the burdens of due tax. The objective of this research is to deduce the answer of this question from the related principles of Islamic legal policy.

The conclusion of this assessment -according to the researcher- is to distinguish between two cases in dealing with this issue:

First case: When taxes are levied or legislated, Al-Zakah is an essential part of that whereby the country’s needs are met by both Zakah and taxes. In this case, both are to be …

The Offense Of Unauthorized Access In Computer Crimes' Legislation A Comparative Study, Rizgar Mohammed Kadir

UAEU Law Journal

This article is dedicated to dealing with one of the main computer related crimes namely unauthorized access. Unauthorized computer access has emerged as a great challenge to the computer industry long before computer crimes statutes had been enacted, so prosecutors have tried to subject the act to traditional offense provisions. Since such efforts failed or faced real legal difficulties, legislators have come to the conclusion that such an offense should be evaluated under a new criminal provision. Legislators are invited to enact specific computer crime statutes to criminalize the process of unauthorized access and make it a first order offense. …

The Legislative Formation Of The Temporary Law Of The Parliament Elections, An Analytical And Critical Study, Eid Ah. Alhosban, Abeer Ba. Dababneh

UAEU Law Journal

The legislative drafting of any law is a standard for judging the adequacy of this law; the more marked the drafting of legislative precision and discipline of the law, the more responsive this law will be to the requirements of society, and the more equitable and effective it will be. The temporary 9/ 2010 Law of Election to the House of Deputies is one of the most important political laws that bear sensitivity to the popularity basis, where the outcome of a House of Deputies is able to carry out its constitutional duties in terms of oversight and legislation.

With …

Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts

University of Arkansas at Little Rock Law Review

No abstract provided.

Contractual Custom, Alaa Hussein Ali, Riad Ahmed Abdulghafoor

UAEU Law Journal

The idea behind this research revolves around the effect of custom in contracts which was coined as "the contractual custom". This custom refers to traditions that people consider common practice in the conclusion of contracts, until it became in their view an obligation that they can't breach. Therefore, this study attempts to establish a theory of the contractual custom to define it and its effects on the actual contract.

In order to develop a complete theory of the contractual custom, the research draws a general framework of a contract, starting with its definition and distinguishing it from the usual agreement …

Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw

UAEU Law Journal

Criminal law is closely related to the other branches of Law for the sake of achieving the objectives of the legal system .The preparation and drafting stage is the most important stage of the legislative process. In fact, every mistake in the drafting leads to a legislative error, which in turn leads to a judicial error. Therefore, Criminal text must be devoid of any shortages, ambiguity or error, as the development of legislation to address all people of different cognitive levels and cultural backgrounds. It is imperative to use simple wording that is easy and clear to all. "The language …

Contractual Liability Of The Administration For The Violation Of The Controls Set By The Sanctions Authority: Analytical Study In Light Of The Legislation And The Provisions Of The Uae Judiciary, Ahmed Juma Al Baluchi

UAEU Law Journal

This study focuses on the theme of violation of the administration of its authority to impose sanctions on the contractor in case where it has sole discretion, in terms of the statement of its power, controls, infringement, and the responsibility of the administration towards the contractor. The study applies jurisprudence concepts and judicial decisions in addition to legal analysis on this subject in the United Arab Emirates. Moreover, the study follows the comparative analytical method, in order to reach sound scientific findings. Accordingly, I divided the study into three sections leading to a conclusion that reflects the findings and recommendations …

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

The Reasonable Robot Standard: How The Federal Government Needs To Regulate Ethical Decision Programming In Highly Autonomous Vehicles, Laura Emmons

Journal of Civil Rights and Economic Development

(Excerpt)

A steam train is chugging along down a country track. You are a passenger, watching red and orange clustered hills pass by; fall is already here. You start to daydream about the last time you took this trip, how the summer had just begun and how quickly it went. Suddenly, reality hits. You awake from your daydream when you glance up and see five people strapped to the train tracks ahead of you. You know there is not enough time for the train to brake. Luckily, you happen to be sitting right next to the emergency switch, which would …

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Law Faculty Scholarship

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim

Faculty Scholarship

The shift towards the use of algorithms in business has transformed merchant–consumer interactions. Products and services are increasingly tailored for consumers through algorithms that collect and analyze vast amounts of data from interconnected devices, digital platforms, and social networks. While traditionally merchants and marketeers have utilized market segmentation, customer demographic profiles, and statistical approaches, the exponential increase in consumer data and computing power enables them to develop and implement algorithmic techniques that change consumer markets and society as a whole. Algorithms enable targeting of consumers more effectively, in real-time, and with high predictive accuracy in pricing and profiling strategies. In …

The Mandate Rule, Adam Crews

South Carolina Law Review

No abstract provided.

The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts

South Carolina Law Review

No abstract provided.

Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady

Journal of Legislation

The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …

Gun Control: Republican Views For Common Ground, Ruth Yazmin Molina

Walden Dissertations and Doctoral Studies

AbstractPublic and political opinion regarding gun regulation in the United States are sharply split across the political divide. The purpose of this research was to determine the common ground among the Republican Party supporters concerning gun control legislations in the United States. The frame for the study poised into determining in what ways does an affiliation to the Republican Party influence a supporters’ views on state and federal gun laws and if members of the Republican Party believe that a common ground may exist with Democrats for passable gun control legislation. Partisan motivated reasoning theory was used to frame the …

The Political Face Of Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions' competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Causation In Civil Rights Legislation, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Employees are often left unprotected from discrimination because they are unable to satisfy the requirement of causation. Courts have made clear that to obtain legal redress for discrimination, it is generally insufficient to show that a protected characteristic such as race or sex was a “motivating factor” of an adverse employment decision. Rather, under Supreme Court precedent—including the Court’s Comcast and Babb decisions in the 2020 term—the antidiscrimination statutes generally require a showing of “but-for” causation. Consequently, many victims of discrimination will be unable to prevail because an employer can readily refute allegations of discrimination by asserting a legitimate purpose—true …

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …

Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, Clare R. Norins, Taran Harmon-Walker, Navroz Tharani

Scholarly Works

Scholastic journalists across America have long provided vital reporting, commentary, and fresh perspective on issues of public concern to their readers. Never has this been more true than in the current age of dwindling print media, where scholastic journalists at both the high school and post-secondary levels are stepping in to populate what would otherwise be news deserts. Yet the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), allows school officials to censor both the content and style of school-sponsored media without offending the First Amendment. This essay traces the history of student speech rights …

Congressional Surveillance, Aaron R. Copper

American University Law Review

In recent years, Congress has increasingly used electronic surveillance in high profile investigations. Reactions to what this Article calls “congressional surveillance” indicate a deep unease among both legal scholars and the broader public about the nature of Congress’s surveillance authority and its normative implications. Despite our ongoing preoccupation with government surveillance, congressional surveillance remains largely unexplored. There is virtually no discussion of how congressional surveillance is treated under key statutory and Fourth Amendment constraints; no consideration of the process or political limits of congressional surveillance; and little scrutiny of congressional surveillance as a tool within the separation of powers.

This …

Poaching, Charles A. Sullivan

American University Law Review

The last few years have seen the beginnings of what could become a radical revision of the law’s approach to restraints on competition in the labor market. While most attention has been focused on “noncompetes”—agreements between employers and their employees imposing postemployment restraints—there has also been a revival of interest in so-called “no-poaches”—agreements by which employers restrict their ability to hire each other’s workers. This new interest includes antitrust challenges and an enhanced skepticism by common law courts about enforcing such agreements. Indeed, as new laws increasingly limit the use of traditional noncompetes, no-poaches have become more attractive to employers …