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Articles 22711 - 22740 of 545699
Full-Text Articles in Law
Establishing The Gold Standard For Presidential Impeachments: Peter Rodino’S Leadership Of The House Judiciary Committee 1973-1974, Lawrence Spinelli
Establishing The Gold Standard For Presidential Impeachments: Peter Rodino’S Leadership Of The House Judiciary Committee 1973-1974, Lawrence Spinelli
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Impeachment Spectacles: Perspectives And Focus On Political, Legal And Governance Lessons From The Founding To The Present, James P. Flynn
Impeachment Spectacles: Perspectives And Focus On Political, Legal And Governance Lessons From The Founding To The Present, James P. Flynn
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Uncharged Conduct And Disproportionate Impact: Amending The Guidelines To Protect Due Process Interests At Sentencing, Christine E. Hoy
Uncharged Conduct And Disproportionate Impact: Amending The Guidelines To Protect Due Process Interests At Sentencing, Christine E. Hoy
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
University of Dayton Law Review
Since the enactment of the Federal Arbitration Act (“FAA”) in 1925, arbitration clauses have been embedded in the commercial contractual ambit and have been a predominant tool employed not only in transactions between corporations, but most importantly between corporations and individuals. Arbitration is a tool used in both the public and private sector to resolve disputes without channeling the usual litigation route. Arbitration, like other forms of alternative dispute resolution (“ADR”), has attributes beneficial to the disputing parties. It “reduces the judiciary’s workload and reduces litigation costs, allowing companies to offer lower prices and higher wages.” It is known to …
Why We Should Stop Talking About Violent Offenders: Storytelling And Decarceration, Mira Edmonds
Why We Should Stop Talking About Violent Offenders: Storytelling And Decarceration, Mira Edmonds
Articles
The movement to decarcerate risks foundering because of its failure to grapple with so-called violent offenders, who make up nearly half of U.S. prisoners. The treatment of people serving sentences for offenses categorized as violent is a primary reason for the continued problem of mass incarceration, despite widespread awareness of the phenomenon and significant bipartisan interest in its reduction. People convicted of “violent offenses” are serving historically anomalous and excessively long sentences, are generally denied clemency and compassionate release, and are excluded from a wide array of legal reform and policy changes with decarceral aims. Keeping these people in prison …
In Vino Veritas: An Examination Of New Jersey’S Intoxication Defense, Samuel M. Silver
In Vino Veritas: An Examination Of New Jersey’S Intoxication Defense, Samuel M. Silver
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Wardlow After Black Lives Matter: Using A Protest Movement To Establish A Colorable Equal Protection Challenge To Supreme Court Precedent, Patrick Maley
Seton Hall Law Review
No abstract provided.
Off The Rails: The Surprising Story Of Smith V. Rapid Transit, Inc., D. Michael Risinger
Off The Rails: The Surprising Story Of Smith V. Rapid Transit, Inc., D. Michael Risinger
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
The Entertainment Industry Gets A (Tax) Break, But Aapis Don’T, Yaehee Gloria Bae
The Entertainment Industry Gets A (Tax) Break, But Aapis Don’T, Yaehee Gloria Bae
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Labor Law, Ownership, And The Firm, Sanjukta Paul
Labor Law, Ownership, And The Firm, Sanjukta Paul
Law & Economics Working Papers
Labor law has its own working theory of the business firm, not derivable from another area of law. This "theory of the firm," which the affirmative provisions of labor law are taken to both modify and preserve, is more overtly hierarchical than in other areas. This is true across the main functional domains of labor law: union formation; expressive and associational rights; and the scope of collective bargaining. A rich vein of existing scholarship deals with both hierarchy and deference to property within labor law. The arguments of this essay emerge from considering these aspects of labor law in conjunction …
Seeking Asylum Somewhere Over The Rainbow: The Long-Term Effect Of Southern Border Restrictions Upon Lgbtq+ Asylum Seekers, London Jones
Seeking Asylum Somewhere Over The Rainbow: The Long-Term Effect Of Southern Border Restrictions Upon Lgbtq+ Asylum Seekers, London Jones
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
United States National Aeronautics And Space Administration (Nasa) Scientific Integrity Policy
United States National Aeronautics And Space Administration (Nasa) Scientific Integrity Policy
Copyright, Fair Use, Scholarly Communication, etc.
US NASA Scientific Integrity Policy
Santayana Warned Us, But We Weren’T Paying Attention, Stuart M. Gerson
Santayana Warned Us, But We Weren’T Paying Attention, Stuart M. Gerson
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
University of Dayton Law Review
To the layperson, the distinction between theft and robbery may not be entirely clear. In fact, outside a law school or a courtroom, it would not be unusual to find people using the terms interchangeably. The similarities of the offenses lend themselves to this confusion. They both involve an offender taking something that does not belong to them from someone else. But there is a reason they were distinguished by the common law and remain distinguished in modern law today. It speaks to our fundamental notions of fairness and justice to treat differently those that engage in “safe” criminal behavior …
Double Standards Or Doubling Down On Mistakes? A Comparative Analysis Of The Outcomes And Effects In State Of Tennessee V. Radonda Vaught And Ohio V. Dr. William Husel, Emily Witker
University of Dayton Law Review
Nobody is perfect. This is a difficult reality for many to accept, but a person’s imperfections are a key factor in shaping their identity as they contribute to their personal growth by learning from the mistakes they make throughout their life. Mistakes in one’s career are no exception and can have varying degrees of consequences, especially in a career involving the care of another human being. The potential consequences for those working in the medical field can be considered some of the most extreme as medical personnel’s actions directly affect the lives of those who they are caring for.
Educational …
Our Constitution Has Never Been Colorblind, Robert S. Chang
Our Constitution Has Never Been Colorblind, Robert S. Chang
Seton Hall Law Review
No abstract provided.
The Supreme Court’S Assault On History In Sffa, Joel K. Goldstein
The Supreme Court’S Assault On History In Sffa, Joel K. Goldstein
Seton Hall Law Review
No abstract provided.
Roads Not Taken On Affirmative Action, Robert L. Tsai
Roads Not Taken On Affirmative Action, Robert L. Tsai
Seton Hall Law Review
No abstract provided.
A State-Centered Approach To Digital Equity, Colin Dennis
A State-Centered Approach To Digital Equity, Colin Dennis
Seton Hall Law Review
No abstract provided.
Making The Case For A Third Reconstruction Based On The State Of Voting Rights In America, Alex Pilla
Making The Case For A Third Reconstruction Based On The State Of Voting Rights In America, Alex Pilla
Seton Hall Law Review
No abstract provided.
Table Of Contents - Vol. 54, No. 5 2024
Should Racially Vulnerable Victims Show Mercy?, Ekow N. Yankah
Should Racially Vulnerable Victims Show Mercy?, Ekow N. Yankah
Articles
On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza Sanders, Rev. Daniel Simmons, Sharonda Singleton, and Myra Thompson.' He left three survivors, explicitly so they could "tell the story" of his killings. Roof did so for his own demented reasons; his racist rage was laid out publicly in an online manifesto, and he hoped his murders would begin a …
Criminalizing Transgender Care, Lewis Grossman
Criminalizing Transgender Care, Lewis Grossman
Scholarly Articles in Law Reviews & Journals
Since 2021, twenty-four states, in extraordinarily quick succession, have enacted statutes banning physicians from prescribing puberty blockers and cross-sex hormones to minors for treatment of gender dysphoria. Although the Food and Drug Administration has not approved these drugs for this use, off-label prescribing is a common practice, and leading medical organizations all agree that this off-label use of puberty blockers and sex hormones is an essential component of transgender medical care. These state laws thus represent an extreme, and unprecedented, interference with the provision of standard-of-care medicine. This article, after exploring the ongoing litigation challenging these bans, argues that they …
Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg
Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg
Peace and Conflict Studies
Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …
Ndls Communicator: Week Of 05.27.24, Notre Dame Law School
Ndls Communicator: Week Of 05.27.24, Notre Dame Law School
NDLS Communicator
Commencement Features
- The Commencement of Notre Dame Law School’s Class of 2024 included 186 J.D., 13 LL.M., and two J.S.D. graduates.
- Notre Dame Law School announces awards for 2024 graduating class
- Stories of Notre Dame Law School's Class of 2024
- Frederick Mostert, who teaches Global Digital Intellectual Property and Cyber Security in the London Law Programme, journeyed to campus to celebrate with his graduating students from his seminars in 2023 and 2024.
The Latest News
- In Memoriam: Roger F. Jacobs
- Notre Dame Law School hosted an event for 200 Notre Dame Lawyers, Chicago alumni, and friends on May 22, 2024 …
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Governing The Metaverse, Jesse Valente
Governing The Metaverse, Jesse Valente
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile
If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile
The University of Cincinnati Intellectual Property and Computer Law Journal
The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …
Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick
Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick
The University of Cincinnati Intellectual Property and Computer Law Journal
Artificial Intelligence (AI) is fundamentally changing the world. AI’s rapid development is driving its integration into every industry, including those traditionally untouched by technology—such as religion. Today, faith groups in America and globally, are integrating AI-driven robots in roles traditionally held by human priests, clergy, or pastors. AI robots have begun giving sermons, conducting funerals/weddings, providing spiritual counseling, and conducting the sacrament of confession. Some faith groups have gone further claiming the worship of AI as an independent religion, and have received § 501(c)(3) tax-exempt status as a church. Whether thoughts of sacrileges, inevitability, or a science-fiction novel emerge, AI’s …