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Full-Text Articles in Law

Book Banning: The Post-Pico Epidemic Upon Nationwide Academic Curricula, Brian Gomberg Jan 2025

Book Banning: The Post-Pico Epidemic Upon Nationwide Academic Curricula, Brian Gomberg

Journal of Race, Gender, and Ethnicity

This Note explores the growing wave of book bans across the United States, highlighting the increasing role of state legislators in advancing policies that restrict access to literature in public schools. While historically driven by private individuals or local challenges, contemporary bans are now often state-sanctioned, with states like Texas, Florida, Missouri, Utah, and South Carolina leading the movement. These actions not only suppress specific titles but also target entire genres, disproportionately affecting books dealing with race, gender, and LGBTQ+ identities. Drawing on sources such as the PEN America Index of School Book Bans, the Note analyzes the historical context …


Patriarch Kirill Of Moscow And All Russia: A True Patriarch Or A False One, A Senior Cleric Or A Senior Politician Of The Russian Federation? The Russian Patriarch And The War In Ukraine, Dilyan Nikolchev Jan 2025

Patriarch Kirill Of Moscow And All Russia: A True Patriarch Or A False One, A Senior Cleric Or A Senior Politician Of The Russian Federation? The Russian Patriarch And The War In Ukraine, Dilyan Nikolchev

Occasional Papers on Religion in Eastern Europe

This paper focuses on the behavior of the current Russian Orthodox Patriarch Kirill (Gundyaev) in the context of the Russia’s military aggression against sovereign Ukraine – a religious leader who fully supports the war policy of the Kremlin. The pro-war and pro-Putin views and messages of Patriarch Kirill proved him in the eyes of the Orthodox world more as a false Patriarch and a politician than as the primate of the Russian Orthodox Church. To a large extent, the Russian political narratives and ideology of the “Russian Peace” and “Holy Rus” doctrine are a product of the senior leadership of …


The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan Jan 2025

The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan

Occasional Papers on Religion in Eastern Europe

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal …


To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac Jan 2025

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.


The Small Business Dilemma, Rachel G. Ngo Ntomp Jan 2025

The Small Business Dilemma, Rachel G. Ngo Ntomp

Washington and Lee Law Review

Small businesses face a unique and challenging dilemma in today’s business landscape. On the one hand, they are typically and rightfully considered the more powerful party in their contractual relations with consumers, thus prompting a need to protect consumers against unfair contractual terms. On the other hand, when engaging with larger businesses, small businesses typically find themselves in the position of the weaker, more vulnerable party, possibly in need of greater protection themselves from unfair terms. This Article addresses the inherent dilemma faced by small businesses and argues that the prevailing perception of businesses as sophisticated and experienced, based exclusively …


Takings Doctrinalization, Gerald S. Dickinson Jan 2025

Takings Doctrinalization, Gerald S. Dickinson

Washington and Lee Law Review

The U.S. Supreme Court’s takings jurisprudence is shaped by an unusually strong reliance on doctrinalist methods of interpretation and reasoning. From Pennsylvania Coal Co. v. Mahon to Penn Central Transportation Co. v. City of New York to Kelo v. City of New London, the Court heavily consults its past takings decisions or refers to the tests, principles, or standards from those decisions as epistemic guides to draw meaning from the Takings Clause. This long history of takings doctrinalization, however, was abruptly disturbed in Nollan v. California Coastal Commission and Dolan v. City of Tigard. There, Justices Scalia and …


The Sound Of Silence In Corporate Director Resignations, Asaf Eckstein, Ziv Granov Jan 2025

The Sound Of Silence In Corporate Director Resignations, Asaf Eckstein, Ziv Granov

Washington and Lee Law Review

This Article seeks to provide an in-depth theoretical, empirical, and policy analysis of an underdeveloped topic in corporate law: director departure. We argue that outspoken director resignations are an integral aspect of effective corporate governance. Disgruntled corporate directors who disagree with the firm’s policies or practices alert shareholders to internal misconduct, encouraging market reactions that pressure the company to make necessary changes. Disclosure of conflict is particularly important in mitigating information asymmetry between shareholders and management, allowing investors to promptly react to relevant events within the firm.

Despite the governance benefits of resignations in protest, we show that outspoken director …


Justice Barrett And Nondelegation, Hank Scheffler Jan 2025

Justice Barrett And Nondelegation, Hank Scheffler

Student Works

No abstract provided.


Privatizing America’S Game: Private Equity’S Play For The Nfl, Will Demartin Jan 2025

Privatizing America’S Game: Private Equity’S Play For The Nfl, Will Demartin

Student Works

No abstract provided.


An Exploration Of The Jurisprudence Of The National Bank Through Hamiltonian And Jeffersonian Legal Lenses, Nadia Ghazal Jan 2025

An Exploration Of The Jurisprudence Of The National Bank Through Hamiltonian And Jeffersonian Legal Lenses, Nadia Ghazal

Student Works

No abstract provided.


Mental Illness And Medical Assistance In Dying, Sophia Gengaro Jan 2025

Mental Illness And Medical Assistance In Dying, Sophia Gengaro

Student Works

No abstract provided.


Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow Jan 2025

Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow

Student Works

No abstract provided.


A Case For Further Environmental Protections Of Endangered Animals’ Habitats And A Limitation Of State Agency Power, Jacob T. Norris Jan 2025

A Case For Further Environmental Protections Of Endangered Animals’ Habitats And A Limitation Of State Agency Power, Jacob T. Norris

Student Works

No abstract provided.


Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede Jan 2025

Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede

Journal Publications

This work critiques the exclusionary nature of the traditional Socratic method and introduces The New Pedagogy: Online Socrates as a foundational framework for building more inclusive, equitable, and student-centered approaches to legal education.

It challenges the continued reliance on the traditional Socratic method in legal education, arguing that its hierarchical and exclusionary nature undermines meaningful inclusion and student engagement—both online and in the classroom. It contends that the barriers often attributed to online learning expose deeper inequities within traditional legal pedagogy itself.

Building on this critique, the work proposes that the shift to online education provides a unique opportunity to …


Navigating The Crossroads: The Interaction And Tension Between State Employment Laws And The Doj’S Eccp Guidance On Compensation Clawback Provisions, Madeline Humphrey Jan 2025

Navigating The Crossroads: The Interaction And Tension Between State Employment Laws And The Doj’S Eccp Guidance On Compensation Clawback Provisions, Madeline Humphrey

Student Works

No abstract provided.


The 340b Drug Pricing Program: Administration, Litigation, And Reform, Ryan P. Knox, Ameet Sarpatwari Jan 2025

The 340b Drug Pricing Program: Administration, Litigation, And Reform, Ryan P. Knox, Ameet Sarpatwari

Oklahoma Law Review

No abstract provided.


First Amendment Rights On Trial: A Critique Of The Time, Place, And Manner Doctrine, Alec Greven Jan 2025

First Amendment Rights On Trial: A Critique Of The Time, Place, And Manner Doctrine, Alec Greven

Oklahoma Law Review

No abstract provided.


Modularity, Licensing, And The Nrc, Tara Righetti, Madeleine Lewis Jan 2025

Modularity, Licensing, And The Nrc, Tara Righetti, Madeleine Lewis

Oklahoma Law Review

No abstract provided.


A Spoonful Of Sugar Won’T Help This Medicine Go Down: The Inflation Reduction Act’S Failure To Address Pharmaceutical Evergreening, Megan E.A. Davis Jan 2025

A Spoonful Of Sugar Won’T Help This Medicine Go Down: The Inflation Reduction Act’S Failure To Address Pharmaceutical Evergreening, Megan E.A. Davis

Oklahoma Law Review

No abstract provided.


A Legal Black Hole: Private Entities Mining Extraterrestrial Resources, Devin Lynn Doutaz Jan 2025

A Legal Black Hole: Private Entities Mining Extraterrestrial Resources, Devin Lynn Doutaz

Oklahoma Law Review

No abstract provided.


The Kids Aren’T Alright: Creating Greater Protections For The Children Of Family Vloggers, Annie Dunn Jan 2025

The Kids Aren’T Alright: Creating Greater Protections For The Children Of Family Vloggers, Annie Dunn

Oklahoma Law Review

No abstract provided.


Baseball And Age Discrimination: Experience Matters, Chad Marzen, Michael Conklin Jan 2025

Baseball And Age Discrimination: Experience Matters, Chad Marzen, Michael Conklin

Oklahoma Law Review

No abstract provided.


Only Mostly Dead: How The Irreparable Injury Rule Can Protect The Jury Trial Right For Claims In Restitution, Layne Keele Jan 2025

Only Mostly Dead: How The Irreparable Injury Rule Can Protect The Jury Trial Right For Claims In Restitution, Layne Keele

Oklahoma Law Review

No abstract provided.


A Clash Of The Clauses: The Constitutionality Of The Nation’S First Public, Religious Charter School, Alisha Camacho Clegg Jan 2025

A Clash Of The Clauses: The Constitutionality Of The Nation’S First Public, Religious Charter School, Alisha Camacho Clegg

Oklahoma Law Review

No abstract provided.


Byte By Byte: Breaking Down The Third-Party Doctrine And Reproductive Health Apps After Dobbs, Travis Handler Jan 2025

Byte By Byte: Breaking Down The Third-Party Doctrine And Reproductive Health Apps After Dobbs, Travis Handler

Oklahoma Law Review

No abstract provided.


Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican Jan 2025

Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican

Oklahoma Law Review

No abstract provided.


When Should Training An Ai Model Prevail Against Copyright Infringement?, Jeffrey Greenbaum Jan 2025

When Should Training An Ai Model Prevail Against Copyright Infringement?, Jeffrey Greenbaum

Oklahoma Law Review

No abstract provided.


Charter Schools And State Action: An Analysis Through The Lens Of Agency Law, S. Ernie Walton Jan 2025

Charter Schools And State Action: An Analysis Through The Lens Of Agency Law, S. Ernie Walton

Oklahoma Law Review

No abstract provided.


If Memory Serves: Navigating Cognitive Impairment Within Congress, Gracemary R. Zizzo Jan 2025

If Memory Serves: Navigating Cognitive Impairment Within Congress, Gracemary R. Zizzo

Oklahoma Law Review

No abstract provided.


Strategies For Unsecured Creditors To Mitigate The Pro-Debtor Policies Of Subchapter V And Suggestions For Changes To The Bankruptcy Code, Micah Mays Jan 2025

Strategies For Unsecured Creditors To Mitigate The Pro-Debtor Policies Of Subchapter V And Suggestions For Changes To The Bankruptcy Code, Micah Mays

Oklahoma Law Review

No abstract provided.