Law Commons^™

The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia

Indonesia Law Review

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …

A Threshold Assessment: Is Technology Among The Competencies Tested By The Mpre?, Amy A. Emerson

Faculty Publications

No abstract provided.

No, You Can't Just Peek In Their Brain To See Their Future, Alia Barcus

Tredway Library Prize for First-Year Research

This paper argues against the use of predictive cognitive neuroscience research in judicial processes. Barcus argues that, because predictive models do not adequately address the “whys” of behavior and are better suited to macro-scale processes rather than individual-level predictions, they can only provide “a crude idea of future behavior” at best and will be bias-laden and inaccurate at worst. Meanwhile, neuroscience brain imaging is a newly-developing field and relies on small-scale studies, a combination that creates little replicability and presents deeply-flawed outcomes when this research is used as a basis for criminal prosecution. Barcus concludes that this scholarship, while holding …

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Victor Hugo Was Right All Along: Les Misérables, The Tragedy Of A Punitive Parole System, And A Modern Path Forward, Sarah Gerwig

Mercer Law Review

Les Misérables, Victor Hugo’s tragic novel, was published over 160 years ago and yet it continues to capture imaginations and sympathies worldwide. It was made into an award-winning film over a decade ago. But before that, Les Misérables was one of the most popular Broadway musicals ever produced, having been viewed by over sixty million people, even beyond the viewership of other popular renditions in film and television. Despite (or perhaps because of) its heartbreaking themes, audiences sympathize with the main characters’ quest for redemption. How easy, in the story, to see the struggles and barriers Jean Valjean encounters—and …

Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer

Mercer Law Review

This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …

Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks

Mercer Law Review

Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.

Identity Crisis: The Supreme Court Of Georgia’S New Framework May Have Widespread Impact On Extended-Stay Motels And Their Occupants, Dawson B. Welsh

Mercer Law Review

Certainty is a trait valued highly by many, and it is perhaps most valued in the world of business where minimizing risk and maximizing profit is the name of the game. Efficiency Lodge, Inc. v. Neason developed what appeared to be a routine fight over occupancy into one of the most important redefinitions of a legal framework in the field of real estate. The Supreme Court of Georgia’s analysis of the relationships provides a legal framework for Georgia courts to apply when attempting to parse out the rights of the parties by specifically providing a new way for courts to …

Sticks And Stones May Break My Bones, But Words Will Never Hurt Me. Or Will They? The Eleventh Circuit Expands The “Extreme Cruelty” Definition In 8 U.S.C. §1229b(B)(2) To Encompass Mental And Physical Abuse In Ruiz V. United States Attorney General, Sydnie N. Winter

Mercer Law Review

The Violence Against Women Act (VAWA), originally passed in 1994, was the first federal legislation acknowledging domestic violence as a crime. As part of this Act, Congress enacted 8 U.S.C. § 1229b(b)(2), a rule that allows battered spouses (or children) who are not citizens or nationals of the United States of America to seek the discretionary cancellation of the government’s removal of them from the country. The VAWA special-rule was enacted as a way to enable abuse victims to obtain discretionary deportation relief, allowing them to leave their abusers without fear of deportation or other immigration-related consequences. ...

The United …

Secrets, Secrets Are No Fun: Supreme Court Of Georgia Expands The Possible Remedies For A Confidential Breach Of Fiduciary Relationship And Analyzed Certified Questions Of Law, Olivia M. Sanders

Mercer Law Review

The crux of the Supreme Court of Georgia’s decision in King v. King revolved around one theme: the consequences for a party that fails to disclose information in a confidential and fiduciary relationship. In King, the plaintiff’s difficult circumstances began over three decades earlier when his father died in a plane crash and a wrongful death suit was filed on his behalf. Though the plaintiff became entitled to settlement funds as a result of the wrongful death suit, the plaintiff never received the funds and filed a suit accordingly, alleging that the defendant breached his fiduciary duties and converted the …

Editor In Chief & Managing Editor's Note, Inaê Cavalcante, Zac Bright

Brigham Young University Prelaw Review

No abstract provided.

Plagiarism Or Progress?: An Inquiry Into Generative Ai And Copyright, James Knight

Brigham Young University Prelaw Review

The emergence of accessible artificial intelligence (AI) in 2022, including notable models such as Chat GPT, Google Bard, and Microsoft Bing Chat, has sparked significant discourse regarding their societal impact. This paper delves into the contrasting perspectives regarding the role of Large Language Models (LLMs) in society, particularly in the realm of copyright law. While pessimists express concerns about the potential stifling of human ingenuity and innovation, optimists advocate for embracing AI's creative potential, advocating for legal reforms to address copyright issues. Focusing on the legal domain, this paper argues for amending US copyright law to accommodate AI-generated content, proposing …

Ensuring Equity In Medical Malpractice Cases For Low-Income Plaintiffs, Hassan El-Cheikh

Brigham Young University Prelaw Review

Every year in the United States, around 85,000 medical malpractice lawsuits are filed. These lawsuits are overwhelming and exhausting for the plaintiffs, while doctors report feelings of anxiety, denial, and panic. Due to the complexity of medical malpractice lawsuits and state legislators making it difficult for victims of medical negligence to sue, some attorneys require up-front payment to retain a medical expert witness. This typically costs over $500 per hour but depends on the specialty. For low-income individuals, these payments are simply unrealistic. However, if the government were to pay for the obtaining and retention of a medical expert witness …

Free Speech Limitations And Canada’S Online Streaming Act, Ethan Schortinghuis

Brigham Young University Prelaw Review

In early 2023, the government of Canada passed the Online Streaming Act, formerly known as Bill C-11, extending federal influence over media to the more recently developed online streaming platforms. This legislation aims to further protect Canadian cultural identity by supporting the creation of “certified Canadian content” and increasing its discoverability on digital platforms. However, not only does the Online Streaming Act fail to accomplish its goal, but it also creates the possibility of unconstitutional infringement on Canadian freedoms in every part of the broadcasting process, from writer to audience.

The Tiktok Dilemma: Regulating Tiktok For Minors In The Age Of Free Speech, Julia Waters

Brigham Young University Prelaw Review

The influence of social media platforms, particularly TikTok, on the mental health and well-being of adolescents has become a matter of increasing concern. This paper examines the constitutionality of Montana's proposed ban on TikTok, arguing that while well-intentioned, such a ban would infringe upon citizens' First Amendment rights. Instead, the focus should be on addressing the underlying issues of data collection practices and content moderation. The paper proposes federal legislative solutions, including age verification requirements and amendments to Section 230 of the Communications Decency Act to hold social media platforms accountable for harmful content. By addressing these issues, policymakers can …

Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian

Columbia Center on Sustainable Investment

Global climate change impacts pose complex, dynamic challenges to the success of land-based investments — such as agriculture, forestry, and wind and solar energy — which can further exacerbate detrimental climate change impacts if they are not sustainably implemented. Countries outline in their Nationally Determined Contributions (NDCs) their goals and plans to reduce GHG emissions and adapt to climate change impacts. To ensure their success, governments must fully integrate their NDCs into national climate strategies, plans, and policies that drive government action and decisions. Improved land-based investment decision-making through the incorporation of climate considerations in investment assessment processes (IAPs) can …

Access To Justice And The Legal Profession: Three Questions, Trevor C. W. Farrow

Articles & Book Chapters

There is an increasing recognition – from all sectors of the legal system, including the former Chief Justice of Canada – that justice is in crisis. Even though we have some of the best judges, lawyers, and law schools in the world, delays in the civil, criminal, and family justice systems are massive and increasing. Costs of legal help are going up. An increasing number of people are trying to represent themselves. Legal aid is available only for the least well-off and only for a limited range of services. Many communities feel alienated and do not see themselves represented by …

Law School Record, Vol. 70, No. 2 (Spring 2024), Law School Record Editors

Law School Record

• Message from the Dean
• Geoffrey Stone Marks a Half Century Teaching
• Fostering Free Expression
• Modernizing Federal Regulatory Review
• Q&A with Mary Smith, ’91
• The Deans Collection
• Clinic Helps Effectuate $50M Affordable Housing Development
• Around the Law School
• Faculty News : Recent Faculty Books
• Recent Books by Alumni
• Development News
• In Memoriam
• Giving Back: Geraldine Soat Brown,'75

The Back-And-Forth Battle Of Defining Independent Contractors, Jessie O'Brien

Missouri Law Review

Gone are the times where employers automatically chain workers to cubicles and bind them to regimented schedules motivated by corporate America. Modern jobs come with new and liberating choices—choices to be your own boss, create your own schedule, and control your own time. Virtually all industries reflect these choices through specialized positions, such as freelancing, consulting, and “gig work.” These work arrangements are broadly referred to as independent contracting. Contracting arrangements offer greater flexibility and independence to workers than traditional employer-employee arrangements. To no surprise, these attractive features of independent contracting have led to a significant rise of independent contractors …

Adjunct Listing

MC Law Review

No abstract provided.

Masthead

MC Law Review

No abstract provided.

Faculty Listing

MC Law Review

No abstract provided.

Adjunct Listing

MC Law Review

No abstract provided.

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

MC Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …

Adjunct Listing

MC Law Review

No abstract provided.

Faculty Listing

MC Law Review

No abstract provided.

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

MC Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …

Beyond The Jurisprudence: Thoughts From The Clerks On Their Beloved Judge, Former Judge Southwick Clerks

MC Law Review

No abstract provided.

Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields

MC Law Review

Ronaldo de Lima Marques appeared to hit the jackpot. He paid a United States citizen to marry him, submitted immigration paperwork on the basis of that fraudulent marriage, and waited. His goal: become a permanent resident of the United States; stay in the country as long as he pleased; perhaps become a U.S. citizen. He succeeded. On September 9, 2006, Mr. Marques received authority from the United States government to make this country his permanent home. He did it. He hoodwinked the system.

His days of peace, however, were limited. Despite an initial failure to detect his sham marriage, the …

Introduction

MC Law Review

No abstract provided.