Law Commons^™

The Canada Disability Benefit Act And Women With Disabilities: Pursuing Disability Equality And Reducing Administrative Violence, Laverne Jacobs

Osgoode Hall Law Journal

Stakeholders have welcomed the Canadian Disability Benefits Act as an opportunity to rectify the long-standing socioeconomic disadvantage experienced by persons with disabilities. This article examines one specific form of marginalization that lies beneath the surface of the discussions surrounding poverty and persons with disabilities in Canada: It considers women with disabilities and disabled women from intersecting backgrounds, who face unique experiences of poverty that need to be addressed by any legislation aiming to eradicate income barriers for the disability community. By drawing on the theoretical frameworks of bureaucratic disentitlement, administrative violence, and disability equality, this article examines the lived realities …

“Arrogance For Cruelty”: What Builds Exclusion Into The Canada Disability Benefit, Thaddeus Hwong

Osgoode Hall Law Journal

The vision animating the Canada Disability Benefit exemplifies “arrogance for cruelty” in public policymaking. What could be the start of doing so much is just the end of doing so little—something is done, so nothing more will need to be done. Dangling hopes and then crushing them is cruel. What perpetuates such policymaking cruelty is a manifest complacency, asserting that what is usually done is what should be done, and so it is the best that can be done. Deifying such inertia, which fortifies inadequacies despite what the disability community has to say, is arrogant. Using the limited amount of …

Processing Of Personal Data - A Comparative Analytical Study, Shamsa Matar Alneyadi

Thesis/ Dissertation Defenses

This study aimed to define the conceptual framework for the processing of personal data, identify the legality of its processing procedures, and detail the legal conditions necessary for this processing in accordance with federal law and comparative legislation. The study also dealt with the rights of the owner of personal data, the obligations of those who processed it, in addition to clarifying the role and responsibilities of data protection centers, such as the Emirates Data Office. To achieve these objectives, the comparative analytical approach was used, where the texts contained in Federal Legislation No. (45) of 2021 on the protection …

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Christine Johnson, District Court No. 184400701

Rodney Parker, Attorney for Appellant Christopher Paulson

Julie J. Nelson, Aaron Harris, Attorneys for Appellee Trishna Paulson

Russia’S Undermining Of International Arbitration: A Pattern Of Subversion, Joseph E. Samuels

Cardozo Journal of Conflict Resolution (CJCR) Blog

Over the last few years, Russia has engaged in undermining the international arbitration system. This pattern culminated in a landmark ruling by the Supreme Court of the Russian Federation on July 26, 2024, effectively restricting the enforcement of international arbitration awards against Russian parties when rendered by arbitrators from “unfriendly” states. The path to this decision began with Russia’s 2020 amendments to its Arbitrazh (Commercial) Procedure Code. The addition of Article 248 allows the courts to assume jurisdiction over disputes covered by an arbitration agreement,[3] where the agreement becomes unenforceable due to “obstacles in access to justice”.

The print edition …

Predatory Decarceration, Elenore Wade

Duke Law Journal Online

This Essay critiques the bipartisan criminal legal system reforms that have emerged over the past several years. These reforms result in predatory decarceration that exacerbates the precarious conditions of returning prisoners and supervisees—as well their communities—and distributes the benefits of reform upward. Taking an abolitionist perspective and drawing an analogy to Keeanga-Yamahtta Taylor’s concept of predatory inclusion, this Essay contends that these reforms offer freedom from incarceration only in exchange for productivity and compliance with non-incarceration penal controls such as community supervision sentences, which almost universally include work requirements. Thus, the reforms, while reducing incarceration rates, ultimately reinforce an ultraliberal …

Conference Sport And European Union, Akademia Leona Koźmińskiego, 11 December 2013, Piotr Semeniuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Sport and European Union, Akademia Leona Koźmińskiego, 11 December 2013

Jakub Kociubiński, Usługi Świadczone W Ogólnym Interesie Gospodarczym W Prawie Unii Europejskiej. Wyzwania Dla Europejskiego Modelu Gospodarczego [Services Of General Economic Interest In Eu Law. Challenges For European Economic Model], Tnoik „Dom Organizatora”, Toruń 2013, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of the book by Jakub Kociubiński

Aleksander Maziarz, Porozumienia Wertykalne W Prawie Konkurencji Unii Europejskiej [Vertical Agreements In Eu Competition Law], Wydawnictwo Kul, Lublin 2013, Łukasz Grzejdziak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of a book by Aleksander Maziarz

Table Of Judgments And Orders Of Administrative Courts In Proceedings Against The Uokik President In 2013

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplementary table

Index Of Issues Raised In Judgments Of The Supreme Court And The Court Of Appeals In Competition Cases In 2013, Agata Jurkowska-Gomułka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Index of issues

Tabela Wyroków Sądu Apelacyjnego W Warszawie W Sprawach Konkurencji W 2013 R.

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplementary table

Table Of Judgments And Orders Of The Supreme Court In Competition Cases In 2013

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplemetary table

Hyperlocal Gift Economies Under The Duberstein Gift Standard, Nicolás R. Munsen

Notre Dame Law Review Reflection

Hyperlocal gift economies, such as those moderated by the “Buy Nothing Project,” have become increasingly popular in the United States and abroad within the last decade. Explicitly banning the buying, selling, trading, or bartering of goods and services, hyperlocal gift economies instead encourage local community members to give to each other out of their own abundance and without any expectation of return or obligation—in short, to give and receive gifts. But while members of these groups regard these transactions as gifts, it is unclear if the Internal Revenue Service would agree. The Internal Revenue Code’s definition of “gift” in I.R.C. …

The Cftc, Mqd, And Climate Change, Todd Phillips, Will Dobbs-Allsopp

Notre Dame Law Review Reflection

In June 2022, the Commodity Futures Trading Commission (CFTC) issued a request for information (RFI) “to better inform its understanding and oversight of climate-related financial risk as pertinent to the derivatives markets and underlying commodities markets.” The financial regulatory agency is one of several working to address climate-related risks present within the financial system. Given its unique role in regulating derivatives and overseeing commodity markets, the CFTC is working to ensure that the private sector may effectively use those products to address its own climate-related risks. Because such risks threaten the nation’s financial stability and private-sector operations, it is imperative …

Scrutiny Of Employee Covenants Not To Compete Under The Rule Of Reason: An Empirical Inquiry, Daniel A. Crane

Notre Dame Law Review Reflection

For over 300 years, the common law has scrutinized employee covenants not to compete for their reasonableness. That is about to change. On April 23, 2024, the Federal Trade Commission announced a rule that will prohibit employers from imposing noncompete agreements on workers. The rule declares all covenants not to compete in the employment context to be unfair methods of competition under section 5 of the FTC Act. If the rule takes effect, thirty million contracts will become illegal. The FTC justifies this rule based on the ostensibly pernicious effects of employee covenants not to compete—limiting employee opportunities to pursue …

A Rocky But Positive Path Forward: How The Implementation Of Nil Deals In Collegiate Sports Has Begun To Chip Away At The Existing And Burdensome Gender Equity Gap, Claire Fennelly

Seton Hall Law Review

No abstract provided.

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

Minimalist Textualism, Felipe Jiménez

Seton Hall Law Review

No abstract provided.

The Broken Token Problem: Why Crypto Classification Remains Elusive, Lev E. Breydo

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 55, No. 1 2024

Seton Hall Law Review

No abstract provided.

Owning Health Equity Entrepreneurship, Capital, And Community-Owned Health, Thomas Wilson Williams

Seton Hall Law Review

No abstract provided.

Indefinite Isolation: Rethinking The Relationship Between The Fourteenth Amendment And Prolonged Solitary Confinement, Katherine Farmer

Seton Hall Law Review

No abstract provided.

The Right To Record: First Amendment Victory Or The End Of Privacy?, Elizabeth Lesso

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 55, No. 1 2024

Seton Hall Law Review

No abstract provided.

Bad To The [Jaw]Bone: How Courts Should Approach First Amendment Jawboning Challenges, Christopher Frey

Seton Hall Law Review

No abstract provided.

Bend, Don’T Break: Promoting Interagency Collaboration To Enhance Economic Sanctions As A Foreign Policy Tool, Carson Sugg

St. John's Law Review

(Excerpt)

The U.S. government’s sanctions measures and related enforcement actions for violations are ascending to new levels— both in number and scope. The Executive branch contends that additional authority is necessary to adequately undertake these initiatives, which are a response to proliferating exigent global situations. The requests face opposition from members of Congress and legal scholars, who argue that the current sanctions regime disproportionally favors the Executive at a cost to both individuals and the co-equal branches. The push and pull of these stances suggest that a review of the current regime is due.

This Note argues that economic sanctions …

Loosen Up: The Follies Of Strict Construction As Applied To A Statutory Tribal Sovereign Immunity Waiver, Joseph M. Raimondi

St. John's Law Review

(Excerpt)

On February 9, 2020, Brian Coughlin attempted suicide, leading to an eleven-day stint at the hospital. He was experiencing “overwhelming stress, anxiety and lack of hope for a better life.” He had recently filed for bankruptcy, which normally triggers a stay that prevents creditors from engaging in “any act to collect, assess, or recover a claim against the debtor . . . .” However, one of Coughlin’s creditors, associated with a Native American tribe —the Lac Du Flambeau Band of Lake Superior Chippewa Indians (“the Band”)—believed that it did not have to comply with the stay by virtue of …

Utah V. Strieff And Teaching Analysis, Lisa A. Tucker

St. John's Law Review

(Excerpt)

In Utah v. Strieff, the Supreme Court considered whether the Fourth Amendment required suppression of evidence obtained in an unlawful investigatory stop when police discovered that the person stopped was subject to lawful arrest based on an unrelated outstanding warrant. The majority opinion, written by Justice Clarence Thomas, held that suppression was not required in such a case; the dissent by Justice Sotomayor argued that it should be.

These two legal opinions took jarringly different approaches to determining a question of law, one that disproportionately impacts people of color, who are statistically most likely to be unlawfully stopped …

Document Subpoenas And The Moral Dilemma At The Heart Of The Privilege Against Self Incrimination, John W. Nields Jr.

St. John's Law Review

(Excerpt)

This Article will show that document subpoenas will nearly always compel “testimony.” This is so because the subpoena recipient is legally required to disclose to the party issuing the subpoena each and every document she has that is called for by the subpoena; and because, as Wigmore points out, the party issuing the subpoena will get the incriminating documents it seeks only if the subpoena recipient responds truthfully, disclosing every such incriminating document she has. And this means that the subpoena is compelling “testimony.”

That is the core teaching of the Hubbell decision in which the Court cites …