Law Commons^™

Where There's A Will, There's A Way: Abortion Litigation In The States, Catherine Dowd

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

America’S Footnote: International Intervention Required To Decolonize Guam, Katherine Murray

University of Miami Inter-American Law Review

No abstract provided.

The Rise And Eventual Fall Of El Salvador’S Mano Dura, Margo Jarjoura

University of Miami Inter-American Law Review

No abstract provided.

No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser

University of Miami Inter-American Law Review

This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues …

Front Matter Volume 14, Issue 1

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Reparations And Higher Education: How Public Universities May Offer Reparation Scholarships To Black Students In The Post-Affirmative Action Era After Students For Fair Admissions V. Harvard, William Y. Chin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Friends With Social Benefits: Queerplatonic Relationships And The Future Of Marriage

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …

Brief Of Banking And Administrative Law Scholars As Amici Curiae In Support Of Appellants/Cross-Appellees, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici have a strong interest in how this Court’s decision will affect the fields of banking and administrative law and the enforcement of banking regulation. Amici seek to assist this Court in resolving questions of law that arise in the core of their professional expertise and scholarship, namely the scope of the Seventh Amendment as applied to the Federal Deposit Insurance Corporation’s authority to regulate and adjudicate unsafe or unsound practices in the operation of banks.

The Akwesasne Black Hole: America’S Hidden Border Crisis, Anthony Puntasecca

University of Miami Inter-American Law Review

No abstract provided.

Religious Accommodations For Educators: A Reexamination Of Undue Burden In The Public School Classroom, Maggie L. Paino, Suzanne Eckes

ConLawNOW

This Essay addresses the question of how public schools should address existing tensions between employee religious rights and student identity and expression when a teacher refuses to use a student’s chosen name and pronouns. Guiding this issue and the practice for public school officials to follow is a 2024 decision of a federal district court in Kluge v. Brownsburg Community School District, and guidance published by the Equal Employment Opportunity Commission. While the court in Kluge recognized the substantial increased costs to the school of granting the religious accommodation when students are involved, the EEOC affirmed the need to …

Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar

Northwestern Journal of Human Rights

The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …

The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas

Northwestern Journal of Human Rights

A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls “energy equality.” Although this equality is dictated by the nature of renewable energy as a public good, it risks being eroded by the rush to implement the Paris Agreement. This is certainly one of the shortcomings of the Paris Agreement. With nation states eager to meet their targets and energy concessionaires given unprecedented financial and other incentives, we …

Mmu: 11/25/24–12/01/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Vol. 67, No. 13 (November 25, 2024)

Indiana Law Annotated

No abstract provided.

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq

Brody N. Miles, Grant Dickinson, Attorney for James Moyle Appellant

Sarah Jenkins Dewey, Bart Johnsen, Hannah Ector, Attorneys for Brianna Moyle Appellee

James Moyle V. Brianna Moyle : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Reply Brief and Response to Appellee’s Cross-Appeal Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles Grant Dickinson Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

Aslan Lomsandize V. Mekhti Musayev, Defendants/Appellants. Appellate No. 20231113 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Failed To Disqualify

Mr. Aslan Lomsandize, Appellee

DAVID DRAKE, USB # 0911 DAVID DRAKE, P.C Attorneys for Appellant Mekhti Musayev

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a sentence, judgment, and commitment issued on August 28, 2023, in the Seventh Judicial District, Carbon County, the Honorable Jeremiah Humes presiding K.

K. ANDREW FITZGERALD, Counsel for Appellant

CHRISTIAN B. BRYNER, DOMINIQUE KIAHTIPES, Counsel for Appellee

Brief Of Professors Of Administrative Law As Amici Curiae In Support Of Plaintiff-Appellant, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici are professors of law who teach and write in the field of administrative law. They have an interest in how this Court’s decision will affect administrative law, especially the judicial review of agency action. While individual amici’s views on judicial review of agency action may differ, all agree that the panel opinion’s denial of judicial review of the Federal Election Commission’s dismissal of complaints brought under the Federal Election Campaign Act, 52 U.S.C. § 30101 et seq., is incorrect.

Bar Exam Primer Workshop For 2ls, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Gwayak Ateg Onaakonigewi Dibenjigewin: Decolonizing Jurisdiction In Anishinaabe Tribal Courts, Kekek Jason Stark

Faculty Law Review Articles

It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an “essential source” of tribal jurisprudence. Anishinaabe communities have maintained a rich body of traditional tribal law since time immemorial. However, these customary law principles are only recently being included in modern day Anishinaabe tribal court determinations. This article builds upon the Anishinaabe law principles articulated in recent opinions …

Consent: From Generation To Co-Production, Artchil Bellosillo Fernandez

Social Sciences and Development Review

The concept of consent and its origin is a topic of intense debate within academia. This paper contributes to the discussion by examining two main perspectives on consent. One viewpoint argues that consent is manufactured or produced, particularly by the ruling class, known as the Marxist perspective on consent. This perspective is supported by the ideas of three influential Marxist thinkers – Antonio Gramsci, Michael Burawoy, and Louis Althusser. The other perspective on consent comes from relational sociology, which suggests that consent is a collaborative effort between the parties involved. This paper delves into the works of three sociologists – …

Quantifying And Measuring The Use Of Adr Methods In International Cultural Property Disputes, Isioma Okocha

Cardozo Journal of Conflict Resolution (CJCR) Blog

The use of alternative dispute resolution mechanisms to retrieve illegally acquired cultural artifacts, looted colonial-era art, and other cultural property obtained through dubious means has increased. Alternative Dispute Resolution methods such as negotiation, mediation, and arbitration have been used to resolve international cultural property disputes. International institutions have made efforts to facilitate the return of cultural property. The United Nations Educational, Cultural, and Scientific Organization (UNESCO) established the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation (ICPRCP) in 1978. Additionally, UNESCO adopted the Convention on the Means of Prohibiting and Preventing …

With Fear, Favor, And Flawed Analysis: Decision-Making In The U.S, Immigration Courts, Karen Musalo, Anna O. Law, Annie P. Daher, Katharine Donato, Chelsea Meinders

Publications and Research

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are par- ticularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in …

In New Readings, There Is Hope For Persons With Disabilities, Sanjay Jain

Popular Media

Although the Rights of Persons with Disabilities (RPwD) Act 2016 prohibits disability-based discrimination, it in the same breath condones the acts or omissions if the same are considered by the State or authorities as the proportionate means for achieving any legitimate aim.

How Speech-Language Pathologists Can Collaborate With A Well-Meaning Judiciary To Improve Jury Instructions, Lillian N. Stiegler, Rebecca L. Parker

Journal of Interprofessional Practice and Collaboration

Abstract

Purpose: Many U.S. adults are called upon to fulfill civic responsibilities through jury duty. Jury participation is a responsibility, but it is also a privilege that ensures the balance of power between government and citizens. Problems arise when jury instructions are presented using complex language that challenges the comprehension of laypersons with and without language and literacy differences, negatively influencing the juror’s participation experience and trial outcomes. In spite of plain language mandates and clear findings regarding the average literacy abilities of U.S. adults, much of the legal community persists in the use of difficult jury instructions.

Method: Academic …

Murdered In Indian Country: Expanding Tribal Criminal Jurisdiction For The Sake Of Indigenous Women, Courtney Shanahan

Nebraska Law Bulletin (Selected Issues)

This paper discusses the Missing and Murdered Indigenous Women Epidemic. Specifically, it analyzes what contributes to the disparate homiciderate for indigenous women by non-Indian offenders in IndianCountry. This paper concludes that to help combat the problem, the federal government should restore tribal criminal jurisdiction over crimes of homicide occurring in Indian Country where the victim is Indian, and the perpetrator is non-Indian.

Part II provides a brief history of colonialism, the use of the Discovery Doctrine in North America, and how the normalization of violence against Native women as a part of “conquest” has led to the violence against Indigenous …