Law Commons^™

The Fair Use/Fair Dealing Handbook, Jonathan Band, Jonathan Gerafi

Joint PIJIP/TLS Research Paper Series

More than 40 countries with over one-third of the world’s population have fair use or fair dealing provisions in their copyright laws. These countries are in all regions of the world and at all levels of development. The broad diffusion of fair use and fair dealing indicates that there is no basis for preventing the more widespread adoption of these doctrines, with the benefits their flexibility brings to authors, publishers, consumers, technology companies, libraries, museums, educational institutions, and governments. This is particularly the case considering that the copyright laws in many “civil law” countries currently allow their courts to apply …

The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso

Touro Law Review

Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …

Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro

Dignity: A Journal of Analysis of Exploitation and Violence

This article will discuss my experience as an immigration attorney representing a gay man from Afghanistan fleeing the Taliban. First, it will give an overview of the Taliban’s role in Afghanistan and the Taliban takeover in August 2021. It will then discuss the treatment of lesbian, gay, bisexual, and transgender (LGBT) individuals in Afghanistan. Next, the article will discuss how I became involved in representing individuals fleeing Afghanistan and the humanitarian parole process.

Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution

Brookings Mountain West Special Events

Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?

The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Crisis In The Classroom: The Rise Of Book Bans Threatening American Youth, Kris Barrios

Florida Atlantic University Undergraduate Law Journal

Inspired by the experiences of his father as a Polish Jew during the reign of Adolf Hitler, author Art Spiegelman wrote Maus to memorialize the lives of Holocaust survivors. However, multiple state governments have attempted to limit American youth’s access to Maus and other classic literature by pulling books from classroom shelves.1 According to PEN America, over 5,000 books have been banned in the United States in the last two years, with more than half of these bans targeting young adult literature.2 The most commonly objected themes in these books were depictions of violence, the discussion of racism, and the …

Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie

Florida Atlantic University Undergraduate Law Journal

There has been a shift towards privatization and nationalism regarding the exploration of outer space despite these actions being in direct opposition to international space law. This article will explain and argue against these recent developments, using the current dilemma regarding the future of the space stations located in low Earth orbit (LEO) and the potential for a manned bases on the Moon. This article will focus on the legal framework of both international customary law as well as multilateral treaties, including but not limited to the Outer Space Treaty of 1967 in comparison to national policy by explaining the …

Thriving In Theory, Missing The Mark: U.S. Organic Farming IndustryʼS Systemic Malfunctions And How Danish Organic Farming Policy Could Help Solve These Issues, Bailey Webster

San Diego Journal of Climate & Energy Law

Section one of this Article explains the overall framework of the U.S. organic farming industry, including certification, labeling, education, and funding. Section two explains the background and structure of Danish organic farming, administered by the Ministry of Food, Agriculture, and Fisheries of Denmark. Section three addresses and analyzes current issues afflicting the U.S. organic farming industry. Section four explores a prominent organic farming case, Center for Food Safety v. Perdue. Additionally, this Article details the comparison between the U.S. and Danish organic farming policies that are most relevant to issues in the U.S. industry. Lastly, and most importantly, this …

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …

The Legal Nature Of Cyberbullying: A Comparative Study Between The American And The Jordanian Laws, Alaeldin Mansour Maghaireh Dr.

UAEU Law Journal

The research is aimed to highlight the emerging phenomenon of cyberbullying in Jordan by analysing some of the main legal aspects of cyberbullying and relevant laws. It analysed whether the nature of the phenomenon constitutes a crime, and therefore, must be explicitly stated in the relevant laws, or it is only a bad social phenomenon that can be addressed within the school environment, and therefore no need for legislative provisions to prohibit it. The research showed the gravity of the psychological and physical effects of cyberbullying and its diversity forms and methods. Also, it underscored the paucity of the legal …

Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby

San Diego International Law Journal

The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …

Give It A Nudge: A Comparative Analysis Of The Values And Application Of Voluntary Environmental Programs In The United States, Pianpian Wang

Dissertations & Theses

In recent years, companies have increased their voluntary commitments to reducing carbon emissions and implementing sustainability goals. While existing research mainly focuses on government-organized voluntary environmental programs (VEPs), exploring corporate voluntary commitments is essential. The business sector’s active role in environmental management is noteworthy. Traditionally, governments have relied on command-and-control regulations and market incentives to compel companies to protect the environment. However, companies are now demonstrating a willingness to go beyond legal requirements. Naturally, we seek answers to whether these commitments are effective, what factors can contribute to their authenticity, and how we compare these voluntary commitments to other VEPs. …

The Effects Of Partisanship On Legislative Support For Environmental Policies In The United States, Rachel Summers

Department of Environmental Studies: Undergraduate Student Theses

This study investigates the relationship between political partisanship and support for environmental policies at the state level in the United States from the years 2017-2022. To do this, the study focused on two policy areas, water and land, for the average proposed, enacted, and failed bills for all 50 states in the timeframe, with the states categorized as Democratic, swing, or Republican based on the 2016 and 2020 elections. While the study did find that Democratic states were more likely to introduce environmental bills than Republican states, the study also found that there was no statistical difference in the enactment …

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

The Unknown Drug Dealers In The Nhl: Nhl Players, Drug Addiction, And The Need For Regulation Of Prescriptive Drug Use In The Nhl, Keith O'Brien

Hofstra Law Review

The article examines the pervasive issue of painkiller addiction among NHL (National Hockey League) players, which is exacerbated by a league culture that valorizes playing through injuries. It highlights the shortcomings of the current Collective Bargaining Agreement (CBA) in managing and regulating prescription drug use, alongside the inadequate oversight and accountability from the NHL and regulatory bodies like OSHA (Occupational Safety & Health Administration).

The Underappreciated Virtues Of The Supreme Court's Ethics Code, Louis J. Virelli Iii

Hofstra Law Review

The article explores the historical context and contemporary implications of the bar exam as a gateway to the legal profession in the U.S. It highlights the discriminatory roots of the bar exam, which was historically used as a tool of exclusion, particularly targeting people of color and immigrants seeking to enter the legal profession.

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

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

United States Of America, In The Forum Of Federations Handbook On Local Government In Federal Systems, Meryl Justin Chertoff

SALPAL Papers & Reports

Municipalities in the United States (US), particularly those in its largest metropolitan areas, drive economic growth and innovation and are home to the majority of the nation’s population, but their political status under the federal constitutional system of divided government is relatively weak. That does not mean US cities lack political power; it means that the federalist structure weakens, rather than enhances, city power. The US Constitution does not even mention cities, and the US federal structure has not evolved to reflect ‘city power’. There is a mismatch between the rise of cities on the global stage and their role …

Comparative Study Of Bystander Liability In The U.S. & The Iranian Legal Systems, Abbas Mirshekari, Zahra Takhshid, Mona Abdi

Sturm College of Law: Faculty Scholarship

Imagine that A has witnessed an incident in which B injures or kills C. It is undoubtedly painful to witness, but does it also follow that one can recover damages for suffering emotional distress as the result of witnessing the accident? The recognition of the tort of negligent infliction of emotional harm, also known as NIED, has been one of the ways that tort law has attempted to provide a remedy for the emotionally injured. Nevertheless, the relatively new tort has raised many questions. In the U.S. legal system, different criteria have been proposed over the years to allow for …

Multinational Asset Management Firms & Esg Disclosure Management, Maggie Pahl, Michael Hamersky, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

In recent years, the United States, European Union, and United Kingdom have introduced “Environmental, Social, and Governance” disclosure regulations. Multinational Asset Management Firms must now navigate the evolving and varied disclosure and labeling requirements they are subjected to across multiple jurisdictions. This Article provides a brief history of ESG disclosure regulation and provides a summary of the enacted and proposed regulations and identifies the biggest points of contention between the regulations and provides suggestions for a more comprehensive standardized regulatory framework.

Moral Panic And The First Amendment, Michael L. Smith

Faculty Articles

Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics contend that speech itself causes harm and chills counter-speech effectively excluding marginalized groups, including women and LGBTQ people, from discourse altogether. These critics support limitations on robust free speech doctrine targeting speech that harms marginalized communities.

This Article identifies a significant wrinkle in this narrative: …

Is The Women's Treaty A Paper Tiger? Indian Courts' Application Of The United Nations Treaty, Amanda L. Stephens

Faculty Articles

This Article examines whether the United Nations ("U.N.") Treaty, the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW'), is a "paper tiger"-a law that seems powerful but is in fact weak and ineffectual. While some scholars question the Treaty's effectiveness based on statistical studies, others point to legal reforms in state parties as evidence of its success. Neither provides a nuanced middle ground by examining the CEDAW at a micro rather than a macro level. This Article fills this gap by conducting a qualitative analysis of 10 Indian judicial opinions. Specifically, the Article explores how the …

Restoring The Economic Interest Standard In The Taxation Of Mineral Resources, Barksdale Hortenstine, Gary R. Huffman, J. Andrew Miller

Rowling Books

In Restoring the Economic Interest Standard in the Taxation of Mineral Resources, Hortenstine, Hoffman, and Miller provide an important analysis of the U.S. Fifth Court of Appeals' 2022 decision in Exxon Mobil Corp. v. United States. They argue that the Fifth Circuit failed to adhere to the most basic historical precedent established for the concepts defining the economic interest in a mineral property. The authors examine the development of the federal taxation of natural resources, focusing on the interdependence and interaction of the concepts of economic interest and percentage depletion.

The first part of the book focuses on …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Faculty Articles

There are myriad ways that discrimination and bias can combine to profoundly limit inventor participation in the patent process. The utilitarian purpose of patents is to incentivize inventors to invent and disclose, so it makes sense to incentivize as large and as diverse a group as possible in order to maximize the likely output of innovative activity. This incentive is important in terms of our geopolitical aspirations as a country, but hopefully also because of our democratic commitment to provide opportunities for flourishing and reaching one's potential that are available to all.

From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland

Tenor of Our Times

This study aims to determine how seven different variables affect the total quantity of illegal narcotics seized. These seven variables include four dichotomous and three continuous variables, each striving to teach readers how they relate to the quantity of narcotics seized across specific states. My goal for this project is to figure out if there is any relationship to help law enforcement fight the war on drugs. With the continuing apparent rise of this war, this study is crucial in determining potential relationships between a state's characteristics and the quantity of illegal narcotics they forcibly take possession of. I further …

Bend Down Select: Analysis Of Secondhand Clothing Waste In Africa Under The Current Anti-Dumping Regime, Bisi Ogunmefun

Natural Resources Journal

The second-hand clothing market is a multi-billion-dollar industry that has helped many developing countries stimulate their economy. Over the years, however, the quality of secondhand clothing has declined as the fast-fashion market rises. Countries such as India and the Philippines have banned secondhand clothing imports to protect their textile industries from demise. African countries like Kenya, Rwanda, and Uganda also attempted to ban secondhand clothing imports but were sanctioned with a threat of removal from the African Growth Opportunity Act. This article explores how Anti-Dumping Laws fail to fulfill their ordinary meaning in the secondhand fashion market in African countries …

Contextualizing The Triggering Event: Colonial White Supremacy, Anti-Blackness, And Black Lives Matter In Italy And The United States, Renee Nicole Allen

Faculty Publications

In the summer of 2020, spurred by George Floyd’s murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd’s death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand justice. In Italy, a resounding demand that “Black Lives Matter” filled the streets during solidarity protests that occurred in Milan, Naples, and Rome. Less than six months later, in September 2020, the fatal civilian beating of Willy Monteiro Duarte, a Black Italian, revealed the necessity …

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial.

This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant-a process that currently falls far short of fulfilling its constitutional and historical function.

History supports …

Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson

University of Miami Inter-American Law Review

Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …