Law Commons^™

Donor Impact Report 2024-2025, University Of San Diego School Of Law

Donor Impact Report

No abstract provided.

Percepción De La Policía De Puerto Rico Sobre La Utilización De Las Cámaras Corporales, Vicente Villegas Laboy

Theses and Dissertations

En Puerto Rico, según la literatura revisada, la investigación sobre el tema de las cámaras corporales policiacas apenas está comenzando. A pesar de esto, en lugares como en los Estados Unidos de América y Europa, si hay estudios relacionados con las cámaras corporales. Estas investigaciones, en su mayoría, se han concentrado en el efecto que causa esta tecnología en los policías que las utilizan, así como, en los ciudadanos que interactúan con estos policías. Este estudio de disertación doctoral explora este tema, pero, desde la percepción del policía que utiliza la cámara corporal, día a día, como parte de su …

Publisher

FIU Law Review

No abstract provided.

Name Your Price: How The Rise Of Tiktok Influencers Reveals Weaknesses In The Right Of Publicity’S Protection Of The Commercial Value Of Name And Identity, Melody Garzon

FIU Law Review

After TikTok's immediate success within the social media industry, many users have turned to their large followings on the app as a means of capitalizing on their own name, likeness, and identity. These influencers‚ now face various obstacles when attempting to assert their right of publicity. The right of publicity is entirely state-mandated, creating vast discrepancies in protection across state borders. More stringent regulations are needed regarding how one's right of publicity is legally protected against other TikTok users and third-party companies. TikTok's current Intellectual Property Policy does little to deter violations of a user's right of publicity; on the …

Table Of Contents, Law Review

FIU Law Review

No abstract provided.

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

Concrete And Particularized Standards To Resolve The Difficulty Of Muldrow V. City Of St. Louis, Ian C. Stephens

Student Scholarship

Muldrow v. City of St. Louis shattered a widespread rule that required Title VII plaintiffs to not just be harmed but significantly harmed by unlawful discrimination. Under the old standard, "significance" was ill-defined and often left to the whims of what any particular judge thought was "bad enough," limiting access to justice for those who suffered non-pecuniary harms. But Muldrow's new standard that a plaintiff must suffer only "some harm" is equally ill-defined. All we know about the new standard is that it is not the old one. Unable to decipher the bounds of when no harm becomes some harm …

The Irs's Misguided Playbook For Nil Collectives, Olivia M. Lubarsky

American University Law Review

Since the emergence of name, image, and likeness (NIL) opportunities for NCAA student-athletes, the IRS continues to scrutinize and ultimately deny many NIL collectives’ claims for section 501(c)(3) tax-exempt status, particularly questioning their asserted charitable purposes. This Note explores the foundation of the IRS's reasoning and argues that the IRS tangles key legal requirements, undervalues the public benefits generated by NIL collective activities, and applies inconsistent standards that overlook the educational and amateur sports charitable purposes these collectives can serve. By addressing the inconsistencies in the IRS's reasoning, NIL collectives may chart a viable path toward securing tax-exempt status.

Unprincipled Investor Bifurcations, Anita K. Krug

American University Law Review

The investment world is full of bifurcations—that is, divisions among groups of investors that the securities laws establish for the purpose of furthering the regulatory goal of investor protection. The notion behind these bifurcations is that only more wealthy investors should be permitted to invest in riskier investment products. However, as this Article details, a more pernicious bifurcation has emerged in recent years, alongside the growing popularity of exchange-traded funds, or “ETFs.” Investing in ETFs is desirable for many investors because ETF shares, unlike shares of mutual funds, can be traded throughout the day. In addition, ETFs allow investors to …

Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page

FIU Law Review

No abstract provided.

Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter

FIU Law Review

This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional …

Attendant Circumstances: A Reflection On Professor Megan A. Fairlie’S Mentorship, Casey Waldeck

FIU Law Review

No abstract provided.

Between Pixels And Predators: The Landscape Of Sexual Assault And Rape In The Metaverse, Natalia Rydzewski

FIU Law Review

This article explores the potential expansion of criminal prosecution in virtual reality spaces as it relates to sexual assault.

The Complete Bibliography Of Professor Megan A. Fairlie

FIU Law Review

No abstract provided.

Respect And Submission In Contexts Of Transition: Reviewing Judicial Interpretation From R V Drybones To R V Montour, Joshua Nichols

Osgoode Hall Law Journal

Since the Truth and Reconciliation Commission of Canada's call in 2015 for the adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration), Canada has seen significant legislative developments. Notably, the Declaration of the Rights of Indigenous Peoples Act (DRIPA) in British Columbia, the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIPA) at the federal level, and subsequent amendments to the Interpretation Act in British Columbia have introduced innovative frameworks for procedural implementation. However, these legislative actions pose unique challenges, particularly in their interpretation by the judiciary.

This paper navigates through …

Brief Videos During Informed Consent May Be Helpful For Participants' Understanding Of Study Information, Abby L. Braitman, Rachel Ayala Guzman, Kristin E. Heron

Psychology Faculty Publications

Although an informed consent process is required for all research, it is not clear how well study participants read informed consent forms and understand their content. A systematic review of medical clinical trials revealed participants had only a 50% rate of understanding for concepts of the consent process, including voluntary participation, blinding, and freedom to withdraw, with lower rates for randomization, risks, and safety issues (Pietrzykowski & Smilowska, 2021). This issue may be more pronounced for online research, with a recent study indicating half of participants report not reading informed consent forms at all (Perrault & Keating, 2017). Although increasing …

An Ethnography Of Love Jihad: The Governance Of Interfaith Marriages In Times Of Hindutva, Snehal Sharma

Theses and Dissertations--Gender and Women's Studies

My doctoral research focuses on the violations of human and citizenship rights of women and religiously marginalized communities (based on religious differences) in the backdrop of right-wing movements in India. I assess the Hindu nationalist propaganda named “love jihad” to demonstrate the way it weaponizes religious exogamy. This propaganda legitimizes violence against Indian religious minorities and women as it claims that marriages between Hindu women and Muslim men are acts of terrorism against Hindus with the sole aim of increasing the Muslim population using Hindu women's bodies. I have used ethnographic research methods to explore the legal process of interfaith …

Medicalization Of Education: Applied Behavioral Analysis In Colorado's Schools, Zachary Quaratella

University of Colorado Law Review

No abstract provided.

Judicial Economy In The Age Of Ai, Yonathan Arbel

University of Colorado Law Review

No abstract provided.

Great Salt Lake And The Future Of Environmental Law, Brigham Daniels, Elisabeth Parker, Karigan Börk, Andrew P. Follett, Danny Dudley

University of Colorado Law Review

No abstract provided.

Adults Drug Court Model's Review: A Case Study, Byron R. Titus

Antioch University Dissertations & Theses

In 1989 Dade County, Florida, the so-called “War on Drugs” was in full swing. As a result, drug courts were created, acting as a diversion program for the many people subsequently caught up in this “war.” Since then, such “specialty courts” have proliferated across the planet. In some cases, local versions have been adopted to adjust to their unique population, culture, risk, and needs. This dissertation is a case study that reviews three Intensive Probation Supervision Programs (IPSP). These IPSPs identify a drug court in their state or country before it becomes a “certified drug court” (now more often referred …

For Black College Students Who Considered Dropping Out When Grit Wasn’T Enough: A Mixed Methods Study Exploring The Influence Of Family Messaging On Collegiate Outcomes, Dawn M. Wilson

Antioch University Dissertations & Theses

Black college student outcomes are well researched areas in education literature. This dissertation sought to explore the influence of academic and ethnic racial socialization on experiences of shame and guilt and examine the association of those relationships on Black college student retention and persistence. This study employed an explanatory sequential mixed methods design to investigate the socialization experiences of 272 Black college students in the US. Conditional process model analyses revealed that academic socialization is associated with experiences of guilt and shame—guilt predicted improved retention outcomes, while shame predicted lower retention outcomes. The analysis also revealed that while ethnic racial …

Implications Of The Second Chance Act For African American Females And Reentry: A Content Analysis Rooted In Critical Race Theory And Intersectionality, Tumia Romero

Antioch University Dissertations & Theses

This dissertation examines the content of the Second Chance Act (SCA) to understand its potential impact on the reentry of African American females into society, highlighting the intersectionality of race and gender within the criminal justice system. Despite the SCA’s intentions to facilitate the reintegration of incarcerated individuals, its language and implementation have mainly remained gender-neutral, not addressing the unique challenges faced by African American females. This study employs a qualitative content analysis approach to examine the Second Chance Act, assessing its effectiveness in addressing the social determinants and barriers to reentry that are specific to African American females. According …

Reassessing Criminogenic Risk: How Trauma-Informed Assessment More Accurately Predicts In-Prison Behavior Than Traditional Models, Bree E. Derrick

Antioch University Dissertations & Theses

Criminogenic risk-needs assessment is the cornerstone of recidivism reduction models in the correctional sector. Despite decades of using criminogenic risk-need tools, recidivism outcomes remain stubbornly high in the U.S. This non-traditional dissertation explored how traditional criminogenic assessments could be improved with the addition of measures of childhood adversity and maltreatment. This study found that the prevalence of ACEs was significantly greater in an adult prison population of 1,522 in a rural, western state than in the general public. Utilizing logistic regression, this research also found that ACEs were better predictors of in-prison misconduct than traditional criminogenic risk-needs assessments, although traditional …

The Tradition Of Short-Barreled Rifle Use And Regulation In America, Joseph G.S. Greenlee

Wyoming Law Review

Short-barreled rifles are strictly regulated under the federal National Firearms Act of 1934 (NFA) and banned by five states. These regulations, however, cannot survive the Supreme Court’s test for Second Amendment challenges set forth in New York State Rifle & Pistol Ass’n v. Bruen. Under Bruen, modern firearm regulations are constitutional only if they are consistent with America’s historical tradition of firearm regulation. This Article explains that neither the NFA’s tax and registration requirements nor states’ prohibitions on short-barreled rifles are historically justified. Rifles with short barrels and pistols with shoulder stocks were considered ordinary arms throughout American history and …

The Power To Tax, The Second Amendment, And The Search For Which "'Gangster' Weapons" To Tax, Stephen P. Halbrook

Wyoming Law Review

Congress does not have the power to ban firearms. The National Firearms Act (NFA) is based on the power of Congress to lay and collect taxes. In 1937, the Supreme Court upheld the NFA as purely a revenue measure. When it banned possession of machineguns in 1986, Congress undercut that constitutional basis. The Supreme Court has held that any ambiguities in the NFA must be read narrowly according to the rule of lenity. The 1934 House hearings barely mentioned the Second Amendment. A federal district judge upheld the NFA under the theory that the Second Amendment does not protect individual …

The North American Gap Ungulates Must Migrate Physically And Legally: Elk As A Case Study, Alex Wendlandt

Wyoming Law Review

Humans have tracked elk hoof prints in North America since ancient times, recognizing the significance of these migratory ungulates in culture, mythology, dietary value, and utility. As migratory ungulates, elk respond to changes in their environment by migrating to and from their summer and winter ranges. Today, elk migrations continue across the jurisdictional boundary of the northern United States and southern Canada, spreading ecological and economic benefits with each track they make. Unfortunately, ungulate migration is an “endangered phenomenon” due to loss of connectivity and loss of habitat. While the United States and Canada have acknowledged the importance of, and …

The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Despite shareholder activism being in the global spotlight, shareholder activism in China – the world’s second largest economy – remains largely a black box. Using unique hand collected data, we reveal the overlooked reality that shareholder activism in China is thriving – with 156 major shareholder activist campaigns, over two-thirds of which have occurred in the last five years. Contrary to Western conventional wisdom, we find that whether the target company is a private owned enterprise (POE) or state-owned enterprise (SOE), has no statistically significant effect on the success of activist campaigns. Private shareholders have undertaken, and in over half …

Maternal Mortality According To State Abortion Legislative Climate Following The Us Supreme Court's Dobbs V. Jackson Women's Health Organization Ruling, Emily Nuss, Mari Iwasaki, Lindsay Robbins, Peggy Ye, Misa Hayasaka, George Saade, Tetsuya Kawakita

Department of Obstetrics & Gynecology Faculty Publications

Objective

We aimed to evaluate how maternal mortality rates have evolved across US states following the Dobbs ruling, while accounting for the confounding influence of the coronavirus disease 2019 (COVID-19) pandemic.

Study Design

We conducted a retrospective analysis of publicly available data from the Centers for Disease Control and Prevention Wide-ranging ONline Data for Epidemiologic Research (CDC WONDER) database from January 2018 to December 2024. This study period was divided into three intervals: (1) pre-COVID (January 2018 to February 2020), (2) pandemic (March 2020 to September 2022), and (3) post-Dobbs (October 2022 to December 2024). Using the Kaiser Family Foundation …

The Impact Of Covid-19 Pandemic Demands On By-Law Officer Wellness And Work, Harveen Randhawa

Theses and Dissertations (Comprehensive)

This research sheds light on how the rapid demand to enforce transitioning pandemic-related (and reopening) mandates impacts the wellness of bylaw officers in the context of resource strain. Ontario bylaw officers are at the forefront of the province’s response, enforcing lockdown rules to ensure community safety. This research is imperative in understanding how bylaw officers maintain their roles in municipal enforcement, while enforcing rapidly shifting COVID-19 regulations and moving forward into a post-lockdown climate. The research focuses on identifying and understanding the demands and resources that currently typify bylaw officers working in Southern Ontario. It further examines how the COVID-19 …