Law Commons^™

Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall

Barry Law Review

No abstract provided.

Tied Together With Ticketmaster: Analyzing The Exclusive Contracts Of Ticketmaster Through The Lens Of Antitrust Scholars, Jenna Gillam

Honors Projects

The Eras Tour Verified Fan Sale in 2022 revealed major flaws in the ticket-buying process, which many attributed to Ticketmaster's dominant industry position. The exclusive contracts of Ticketmaster have been their source of gaining a competitive advantage in the ticketing industry, but many have been critical of these contracts for restricting competition in this industry. This research analyzes the effect of the exclusive contracts of the merged Ticketmaster-Live Nation entity on competition in the ticketing industry through the lens of prominent antitrust scholars. Previous literature reveals differing ideas about whether exclusive contracts are an exclusionary practice and literature identifies the …

Mindful Military Leadership: Leveraging Critical And Creative Thinking To Navigate Modern Generational Dynamics In Teams, Kenneth E. Dowd

Critical and Creative Thinking Capstones Collection

Contemporary military leadership faces a pressing challenge in reconciling traditional doctrine with the evolving needs and characteristics of Generation Z service members. This paper explores the vital importance of integrating critical and creative thinking skills into military small group dynamics to effectively prepare leaders for the complexities of their responsibilities as both decision makers and facilitators of successful teams. Drawing on a diverse range of sources, including academic literature, military publications, and firsthand experiences, the paper examines the inherent tensions between traditional military practices and the demands of a rapidly changing world. Through a synthesis of insights and recommendations, it …

Abortion Access: A Strain On The Most Vulnerable Women In Texas Post-Dobbs, Aleea Costilla

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Home For Good: How The Opt-In Element Added To Hb 547 Negatively Impacts Low-Income Homeschool Students In Texas, Nadine Cox

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment addresses the relationship between a parent’s constitutional right to educate their child as they see fit and a child’s interest in receiving a robust education. The idea of a parent’s right to raise their child is a fundamental and long established one. However, activist have also raised concern regarding children who are educated at home. The concern centers around the idea that children have little to no access to extra-curricular activities, socialization, or other educational opportunities. Access to extra-curricular activities leads to a well-balanced education that prepares the child for whatever career the child desires. A child does …

The (Not So) United States Of Parole: A State-Of-The-Art Review Of Discretionary Release For Individuals Serving Life, Stuti S. Kokkalera, Angelica M. Allison

Journal of Criminal Justice and Law

About one in seven individuals are currently in prison serving a life sentence. A substantial proportion of this incarcerated population have the opportunity for early release through parole. Given the complexity and variety of parole board systems, capturing a comprehensive understanding of parole decision-making is imperative. This article provides a state of the art review of statutory and administrative provisions describing parole practices for individuals serving life sentences were collected and evaluated by employing content analytical techniques. We find that the formalization of discretionary release procedures in statutes, administrative rules, and policy manuals reflects a confluence of perspectives ranging from …

Addressing White Collar And Corporate Crime: Prosecution, Nonprosecution, Or Deferred Prosecution?, Kristine Artello, Jay S. Albanese

Journal of Criminal Justice and Law

Trends in white-collar and corporate crime prosecutions have been examined over two decades. It is found that prosecutions have dropped substantially over the last 10 years. Reasons for this trend are explored. A recent trend to use deferred and nonprosecution agreements (DNPAs) as an alternative to criminal prosecution helps explain some of this decline. The frequency and nature of their use against organizations are examined based on the charges involved and the type of corporate defendant. Interviews with former federal investigators and prosecutors shed light on prosecution decisions against organizations and potential changes that might deter corporate misconduct more effectively.

Juvenile Life Without Parole In Pennsylvania: Age, Cognitive Immaturity, And Culpability, Margaret E. Leigey, Marco Granston

Journal of Criminal Justice and Law

While there has been momentum at both the federal and state levels to curtail extreme punishments for justice-involved juveniles (The Campaign for the Fair Sentencing of Youth, 2023), 22 states continue to permit the sentence of juvenile life without parole (JLWOP). Pennsylvania is among them. This essay focuses on judicial rationale in five JLWOP re-sentencing cases in the state, and more specifically, how the appellant’s age and implied adult-level culpability were used by the judge to justify permanent incarceration. In the re-sentencing documents, judges neglected the ample research in the areas of neuroscience and developmental psychology that indicates reduced legal …

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT FOR DRIVING UNDER THE INFLUENCE, THIRD DEGREE FELONY, AND FAILURE TO STAY IN ONE LANE, AN INFRACTION, THE HONORABLE CHRISTIN JOHNSON PRESIDING FOURTH DISTRICT, UTAH COUNTY, STATE OF UTAH, DISTRICT COURT CASE 191402497

JONATHAN S. BAUER, SEAN D. REYES, Attorney for Appellee

STACI VISSER, ANN MARIE TALIAFERRO, Attorneys for Appellant Fraughton

U.S. Workforce, Economy Challenge Afghan Newcomers Despite The Billions They Could Contribute, Shukria Bayan

Capstones

This report show the integration of Afghan refugees in the U.S., focusing primarily on those who arrived after the collapse of Afghanistan to the Taliban in 2021. It highlights the challenges and opportunities they have encountered in the U.S. and the contributions they have made to American society.

Harvesting Justice In The Land Of The Free: A Call For Legislative Reform For Immigrant Farmworker Rights, Leah Burnett

Immigration and Human Rights Law Review

This article delves into the complex legal landscape surrounding farmworker rights, shedding light on a demographic often marginalized and overlooked within the broader scope of labor and immigration law. Despite their indispensable contributions to the agricultural industry, farmworkers frequently face a myriad of challenges, ranging from hazardous working conditions to limited access to basic labor protections. Drawing from legal analysis, empirical research, and real-life cases, this paper explores the historical context, current legal framework, and pressing issues concerning farmworker rights in the United States.

Beginning with an examination of the historical roots of farm labor exploitation, the article elucidates the …

Effect Of Social Media On Shaping The Agenda Of The Communicator In The Jordanian Tv Channels, Amer Khaled Ahmad, Hamza Mohammad Nahar, Maram Mohammad Naji Manajreh

Middle East Journal of Communication Studies

The study aimed to assess the extent to which communicators at Jordanian television channels use social media platforms as an information source, and the impact of these platforms on their news and information selection priorities. This was achieved using a survey tool distributed on an equal quota sample of (150) communicators from Jordanian television channels (Jordan TV, AlMamlaka TV, Roya TV). The study found that all the study subjects used social media platforms as a source of information, with the "X platform (formerly Twitter)" being the most used platform. The statement "understanding the audience's interests and preferences to produce tailored …

Cardozo Welcomes More Than 200 Alumni For Homecoming & Reunion, Benjamin N. Cardozo School Of Law

Cardozo News 2024

More than 200 Cardozo alumni, from the first graduating class of 1979 to the class of 2024, were welcomed back to to the school for this year’s Homecoming & Reunion celebration, held on May 23.

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

Community Policing And Meta-Stereotypes: Improving Citizenry-Police Relations In A Large, Multicultural Urban Area, Through A Participatory Action Research Community Safety Workshop, Cornelius Darnell Davis

College of Education Theses and Dissertations

The Term Policing and its surrounding themes are complex and deserve adequate attention. Since the early 1900’s, citizenry and police have had mistrustful relationships. Over the span of three eras, both positive and negative citizenry-police relations have been highlighted. In more recent years, the timely capturing of videos of over-policing and excessive use of deadly force incidents (mainly in BIPOC communities) have exacerbated negative citizenry-police relations, resulting in the lack of procedural justice and police legitimacy. Excessive policing and the seemingly constant deaths of unarmed African Americans undoubtedly contribute to the lack of confidence in police to effectively ensure all …

Factors Impacting Bsn Degrees In Community Colleges In Illinois And Exploring Community Colleges To Address Nursing Education Reform: A Mixed Methods Study, Lovelle Reynolds

College of Education Theses and Dissertations

This dissertation investigates the implementation of Bachelor of Science in Nursing (BSN) programs in Illinois community colleges, focusing on Associate Degree in Nursing (ADN) faculty perceptions. Utilizing an explanatory sequential mixed-methods design, the study first conducted a survey among full-time ADN faculty across Illinois community colleges to assess their support for BSN program offerings. An overwhelming 85% of respondents supported or strongly supported this offering, recognizing the potential benefits for meeting the complex demands of modern healthcare roles. Following the survey, in-depth interviews with volunteered faculty members provided deeper insight into the implementation challenges. These challenges included the need for …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

The Business Of Abortion: Access To Capital Post Dobbs, Itay Ravid, Jonathan Zandberg

Faculty Publications

Access to credit—that is, the ability to receive financial leverage that could help jump-start businesses—is one of the most significant barriers preventing millions of American women from opening new businesses. Congress has attempted to address this issue since the 1970s, with legislation like the Equal Credit Opportunity Act (ECOA). Nevertheless, studies continue to show a persistent gender gap in access to credit. Scholars have offered a host of explanations for this gap, focusing on both the supply and demand sides of the equation.

This Article contributes to this growing scholarly exploration by offering a new, overlooked explanation for this gap: …

Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell

Arkansas Law Review

This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory prosecutorial policies to effectively protect domestic violence survivors. Part I will discuss the various types of domestic violence arrest statutes. Further, this Part will briefly highlight the significance of an …

Privacy’S Commodification And The Limits Of Antitrust, Jeffrey L. Vagle

Arkansas Law Review

This Article argues that the buying and selling of personal data forms what Debra Satz calls a “noxious market,” and, thus, any regulation of information privacy should not accept or depend upon its commodification but should stand on its own. This Article proceeds in three parts. Part I first lays out the history and effects of data commodification, arguing that the market created by this commodification is noxious and undesirable. Part II examines the renewal of antitrust’s purpose as a regulatory tool, especially in the context of its use in the regulation of large technology firms. Finally, Part III argues …

To Err Is Human, To Restore Is (Usually) The Law: Present Entitlement In Restitution’S Discharge-For-Value Rule, Layne S. Keele

Arkansas Law Review

This Article argues that the Second Circuit’s present-entitlement holding and the concurrence’s setoff argument in Citibank v. Brigade Capital do not reflect the state of the law and risk introducing confusion into an already convoluted area of law. First, I will briefly review the district court’s decision in Citibank and its reception among scholars and the marketplace. Next, I will examine the Second Circuit’s opinion, as well as the concurrence and the addendum to the opinion. Finally, I will critique the “present entitlement” requirement that the court grafted onto the discharge-for-value defense. In this critique, I will argue that the …

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Cjcr Publishes Volume 25, Issue 2 (Symposium 2023), Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 2 (Symposium 2023).

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on May 29, 2024.

Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr

The US Army War College Quarterly: Parameters

This article examines Raven Sentry, a project that employed artificial intelligence to provide advance warning of insurgent attacks in Afghanistan. During 2019 and 2020, the Resolute Support Deputy Chief of Staff for Intelligence (J2) benefited from a command culture open to innovation, the urgency created by the US drawdown, and a uniquely talented group of personnel that, aided by commercial sector experts, built an AI system that helped predict attacks. The war’s end cut Raven Sentry short, but the experience provides important lessons on AI and the conditions necessary for successful innovation.

State Of Utah V. Alberto Frank Hernandez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of aggravated assault, a third-degree felony; and obstructing justice, a class A misdemeanor; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Heather Brereton, presiding.

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ERICK GRANGE (18000) Salt Lake Legal Defender Assoc. Attorney for Appellant