Law Commons^™

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal

Faculty Publications

No abstract provided.

H.B. 190: Policing School Districts, But At What Expense?, Andrew Schoenling

University of Dayton Law Review

No abstract provided.

Foreword To The Lawyer-Delegates Of The 1972 Montana Constitutional Convention: Their Influence And Importance, Mae Nan Ellingson

Montana Law Review

Forward to the Lawyer-Delegates of the 1972 Convention

Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward

Sabin Center for Climate Change Law

This paper addresses the legal and related political and economic implications for U.S. public and private sector investors, and U.S. CCS technological proprietors, in participating in CCS demonstration projects in China through the provision of investment and technology transfers.

International Arbitration And Multinational Insolvency, Jay Lawrence Westbrook

Penn State International Law Review (1982 - 2011)

No abstract provided.

Corporate Business: Comparative Analysis Of The Argentine Cooperation Consortium And The New Colombian Corporation Law, Raul Etcheverry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Revitalising Gower's Legacy: Reforming Company Law In Ghana, Kofi Date-Bah

Penn State International Law Review (1982 - 2011)

No abstract provided.

Court Jurisdiction And Recognition In Multi-National Political Structures: Canada And The European Union, Ronald C.C. Cuming

Penn State International Law Review (1982 - 2011)

No abstract provided.

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 19 (2011)

Cardozo Journal of International and Comparative Law

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 19, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Child Soldiers And The Duty Of Nations To Protect Children From Participation In Armed Conflict, Luz E. Nagle

Cardozo Journal of International and Comparative Law

The article advocates for enhanced international cooperation and stricter enforcement mechanisms to protect child soldiers, emphasizing the need to address both legal and societal challenges to end their exploitation in conflicts.

Occupied Or Not: The Question Of Gaza's Legal Status After The Israeli Disengagement, Solon Solomon

Cardozo Journal of International and Comparative Law

In September 2005, Israel withdrew its army and dismantled all of its settlements in the Gaza Strip, claiming that Gaza's occupation had come to an end. Yet Israel did retain control over Gaza's border crossings, aerial and water space; leading to claims by the Palestinian side as well as some international scholars that the Israeli occupation had not come to an end. The following note will examine these arguments and will take the position that the current status of the Gaza Strip is a sui generis one, where positive law, applied in globo, cannot provide an adequate approach. As …

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Cardozo Journal of International and Comparative Law

The article examines the challenges faced by the United States and the United Kingdom in identifying and preventing homegrown terrorism, despite their advanced surveillance tools and legal frameworks. It highlights the limitations of current surveillance laws, such as the gap in U.S. Title III law, and the need for a more preventive approach to counterterrorism. The analysis underscores the tension between privacy rights and national security, emphasizing the difficulty in balancing these interests effectively.

Has Italy Discovered Virgil? Utilizing The British Archetype To Create End-Of-Life Legislation In Italy, Nicholas A. Secara

Cardozo Journal of International and Comparative Law

The note examines the legal and ethical debates surrounding end-of-life rights, focusing on the tension between the right to life and the right to death. It highlights the lack of explicit end-of-life legislation in Italy, the inconsistent application of existing laws, and the ethical dilemmas faced by courts and medical professionals. The analysis compares Italy's legal framework with that of other European countries, such as Switzerland and the UK, and explores the implications of these differences for patients, families, and the medical community.

A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev

Cardozo Journal of International and Comparative Law

The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.

U.S. Immigration Law: A Barrier To Effective Cultural Diplomacy, Alexa K. Fang

Cardozo Journal of International and Comparative Law

The note argues that U.S. visa policies for artists and cultural workers have become overly restrictive, particularly after the 1990 Immigration Act and post-9/11 security measures, creating significant barriers to cross-cultural exchange. These restrictions, such as the stringent requirements for O-1 visas and premium processing delays, disproportionately affect less established artists and those from certain countries, undermining U.S. cultural diplomacy goals. The note advocates for visa reform, drawing on comparative examples from countries like Austria, Canada, and EU member states, which prioritize artistic freedom and mobility while balancing security concerns.

Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

Section 1501 of the Patient Protection and Affordable Care Act added section 5000A to the Internal Revenue Code to require most individuals in the United States, beginning in the year 2014, to purchase an established minimum level of medical insurance. This requirement, which is enforced by a penalty imposed on those who fail to comply, is sometimes referred to as the “individual mandate.” The individual mandate is one element of a vast change to the provision of medical care that Congress implemented in 2010. The individual mandate has proved to be controversial and has been the subject of a number …

Climate Change, Forests, And Federalism: Seeing The Treaty For The Trees, Blake Hudson

University of Colorado Law Review

Despite numerous attempts over the past two decadesincluding, most recently, the Copenhagen climate discussions in late 2009-international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S. participation in ongoing forest and climate negotiations is essential, scholars have not fully explored the potential limiting effects of federalism on the United States' treaty power in the area of forest management. Such an exploration is necessary given the debate among constitutional law scholars regarding the scope of the treaty power, …

Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke

CMC Senior Theses

Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their …

An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird

CMC Senior Theses

The Supreme Court case, Gonzales v. Raich (2005), ruled medical marijuana use, authorized by the State of California, was subject to federal prosecution and regulation under the interstate commerce clause.

A Reexamination Of Us Heroin Policy, Daniel Fogel

CMC Senior Theses

Misguided drug policy in the United States has led to many severe social and economic problems that have burgeoned over the past century.  I analyzed heroin policy specifically, investigating new treatment methods and alternative decriminalization policies that would ameliorate some of these problems.

The Impact Of The Foreign Corrupt Practices Act On American Business From 1977-2010, Ajani Harris

CMC Senior Theses

This paper seeks to present the moral and ethical frameworks in which to consider the effect of bribing on business and the great community; confront the cultural differences that lie between American businesses and its potential interest abroad, as well as the growing international move to implementation similar to that of the FCPA; analyze prior anti-bribery legislation and the historical events that prompted the need for a policy like the FCPA, discuss the basic elements of the policy’s two pronged approach of anti-bribery and disclosure regulation; examine several cases in the enforcement of the FCPA on American businesses; and consider …

Alleviating Social Disadvantages Of Rapid Economic Growth: A Case For Conditional Cash Transfer (Cct) Application In Old Siam, Anastasia Kostioukova

CMC Senior Theses

The ongoing conflict between Thailand’s red shirt and yellow shirt parties is not purely political. This tension is rooted in a renewed awareness of regional economic and social inequality, a byproduct of rapid economic growth in the past. This thesis seeks to understand the overall consequences of unequal economic development in Thailand, as the rationale for asserting that a conditional cash transfer (CCT) program is an appropriate policy tool for the ongoing reconciliation efforts.

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …

Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.

CMC Senior Theses

The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et …

The Estimated Value Of A Premium Division One Football Player: The Argument Supporting Pay For Play, Travis S. Roher

CMC Senior Theses

Abstract

The gap between the revenue generated by division one football players and the value of an athletic scholarship is the marginal revenue product of these athletes.  Because of the monopsonistic behavior of the NCAA, division one institutions capture an economic rent from their student athletes. This paper measures the rents generated by NCAA division one football players in the six powerhouse conferences by using linear regressions based on variables such as university revenue, future NFL draft picks, undergraduate population, and weekly AP Top-25 rankings. This paper will inform its readers on how much money these student athletes are generating …

The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi

CMC Senior Theses

In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …

Judging The Justices: A Critical Analysis Of Citizens United V. Federal Election Commission, Cassandra Gurrola

CMC Senior Theses

This thesis examines the recently decided Supreme Court case Citizens United v. Federal Election Commission. The case regards campaign finance reform, and has raised significant controversy recently. This thesis will evaluate the arguments from both the dissent and the majority opinions, contextualize these arguments with respect to the history of campaign finance reform and the history of the legislation with regard to corporations, and will ultimately pass judgment on whether the Court was correct in its decision. Implications for the post-Citizens world will also be considered.

The Stable American Mind: Understanding Attitudes Towards Government And Taxes, 1990-2011, Christopher P. Eldred

CMC Senior Theses

As the federal government seeks ways to stimulate our economy and reduce our national debt, understanding public attitudes on the role and size of government and the taxes that support it is important. This thesis evaluates how US public opinion towards government and taxes has changed from 1990 to the present, and analyzes several potential causes for changes that have occurred. It is intended to be an update of William G. Mayer’s 1992 book entitled The Changing American Mind, which analyzed changing public opinion from 1960-1988. In following his analysis, the causes I have analyzed are generational replacement, fiscal …

Powers Of War: President Versus Congress, Jordan D. Santo

CMC Senior Theses

Before the United States Constitution was ratified there was much debate about what war powers the executive and legislative branches should hold. After much deliberation it was decided that the power to declare war would fall under the control of Congress. But as time passed, control over initiating military action began to shift from Congress to the President. This thesis examines the shift of power from the legislature to the President. The thesis explains the difference between a declaration of war, an authorization of force, as well as using the military as a police force. It examines the precedents set …