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Full-Text Articles in Law

The Impact Of The U.N. Convention On The Rights Of People With Disabilities On Education For Students With Disabilities In China: A Case Of Non-Compliant Effectiveness With International Law, Renci Xie May 2026

The Impact Of The U.N. Convention On The Rights Of People With Disabilities On Education For Students With Disabilities In China: A Case Of Non-Compliant Effectiveness With International Law, Renci Xie

Dissertations - ALL

This dissertation empirically investigates the impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in China, with a particular focus on Article 24, the right to education. Using a mixed-methods approach, this dissertation addresses two central questions: whether and how Article 24 has influenced Chinese national policies on inclusive education; and whether and how the Chinese law that promotes inclusive education has impacted the lived experiences of students with disabilities in seeking educational accommodations. To examine changes in Chinese national policy, the study employs Critical Discourse Analysis of disability-related education laws and regulations. This analysis …


Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu May 2026

Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth May 2026

Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D. May 2026

Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic May 2026

Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier May 2026

Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan May 2026

Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer May 2026

Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter May 2026

When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow May 2026

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Accounting In A Changing Landscape: A Collection Of Case Studies, Rachel K. Rowe May 2026

Accounting In A Changing Landscape: A Collection Of Case Studies, Rachel K. Rowe

Honors Theses

This thesis comprises six independent yet interconnected case studies that reflect on a range of modern accounting and regulatory topics. These cases were written under the direction of Dr. Victoria Dickinson during two semesters of the Professional Research and Development Thesis Program at the University of Mississippi. The purpose of this class is to provide students with the opportunity to research cases that have real-world applications in the field of accounting.

The first case explores Environmental, Social, and Governance (ESG) issues, emphasizing the increased importance of reporting for them and the growing role of accountants in sustainability assurance. The second …


The End Of Amateurism: Title Ix Challenges In The New Ere Of College Athletics, Georgia G. Kemmett May 2026

The End Of Amateurism: Title Ix Challenges In The New Ere Of College Athletics, Georgia G. Kemmett

Honors Theses

This thesis examines whether emerging revenue-sharing models in intercollegiate athletics following the House v. NCAA settlement can be reconciled with Title IX’s mandate of sex-based equity. While antitrust law has accelerated the collapse of NCAA amateurism by dismantling restrictions on athlete compensation, the resulting revenue-sharing framework risks concentrating financial benefits in male-dominated sports, particularly football and men’s basketball, thereby raising significant legal and policy concerns under federal civil rights law.

Through analysis of Title IX doctrine, antitrust jurisprudence, OCR guidance, NIL regulation, congressional reform proposals, and emerging litigation involving gender identity and athlete eligibility, this thesis argues that commercialization and …


Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele May 2026

Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele

Honors Theses

When the Catholic Church revised its paragraph in the Catechism that concerned the teaching on the death penalty, many believed that this seemed to contradict the Church’s traditional teaching on the death penalty, which has included the writings of thinkers like St. Thomas Aquinas. However, after applying principles of his natural law theory, this apparent contradiction goes away, and the full Catholic teaching on the death penalty comes to light. Several key theses of Thomist natural law will be described, addressing the metaphysical, epistemological, and ethical questions it seeks to answer. This will be the backbone of my paper as …


What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong May 2026

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Idaho Law Review

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …


Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation Orders, R. Linus Chan May 2026

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation Orders, R. Linus Chan

Idaho Law Review

No abstract provided.


Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell May 2026

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

Idaho Law Review

No abstract provided.


Immigration Federalism In The Second Trump Administration, Stella Burch Elias May 2026

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Idaho Law Review

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending long established immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by …


Resilience In Place Names: German-Hehe War Memories And Cultural Identity In Iringa Toponyms, Claudio G. Kisake, Sophilini M. Yisega, Spemba E. Spemba May 2026

Resilience In Place Names: German-Hehe War Memories And Cultural Identity In Iringa Toponyms, Claudio G. Kisake, Sophilini M. Yisega, Spemba E. Spemba

Journal of Humanities and Social Sciences

Toponyms, or place names, act as vital markers of historical memory, cultural identity and resilience. In Iringa, Tanzania, toponymy offers valuable insights into the enduring impacts associated with the German-Hehe War (1890–1898), and colonial encounters on indigenous communities. This study explores how place names—such as Kitanzini (‘a place with a noose for hanging people’), Ilundamatwe or Lundamatwe (‘a collection of slaughtered heads’), and Gangilonga (‘the speaking stone’)—convey narratives of Hehe war superiority, resistance, and survival. Using a qualitative approach, the research incorporates archival sources, oral histories, and linguistic analysis to investigate the stories behind naming and renaming, the role of …


The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez May 2026

The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …


Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow May 2026

Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow

University of Miami International and Comparative Law Review

Since colonization, the core objective of Canada’s Indian policy was to “get rid of the Indian problem”. To accomplish this, Canada has engaged in the forced assimilation of Indians (First Nations), with targeted and disproportionate impacts on First Nations women and girls resulting in grave human rights violations. Drawing on international human rights laws and standards (such as the Convention on the Elimination of All Forms of Discrimination Against Women and the United Nations Declaration on the Rights of Indigenous Peoples); numerous inquiries and commissions (Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and …


Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn May 2026

Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn

University of Miami International and Comparative Law Review

Labor law refers to the regulation of the relationship between employees and their employers. The main principle of labor law protection is the employees’ right to collectively bargain. This principle has served as a cornerstone of industrialized society since the beginning of the twentieth century, helping increase workplace equality. A comparison of labor laws in the United States and Canada offers a unique perspective, as these two North American countries share an almost identical foundation that has evolved in distinct ways over time. A strong distinction between the two systems is the adopted doctrine of preemption by the U.S., leaving …


Obstetric Violence In The Case Law Of The Universal And Inter-American Human Rights Systems, Carmen Cecilia Martínez López May 2026

Obstetric Violence In The Case Law Of The Universal And Inter-American Human Rights Systems, Carmen Cecilia Martínez López

University of Miami International and Comparative Law Review

This Article explores how obstetric violence is treated within two major international human rights systems: the Inter-American System of Human Rights and the United Nations treaty body system. While obstetric violence has been increasingly recognized as a form of gender-based violence and a violation of fundamental rights, the articulation of its scope, state obligations, and standards of redress has varied across institutions.

Building on this analysis, the Article argues that a comparative approach to these systems not only illuminates key similarities and differences in legal standards, but also reveals concrete gaps and opportunities to advance the protection of reproductive autonomy. …


Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales May 2026

Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales

University of Miami International and Comparative Law Review

Self-defense laws have a long history in the jurisprudence of many countries around the world, reflecting the essential right to protect oneself from harm. At their core, self-defense laws seek to balance the rights of individuals against one another in threatening, violent, or high-risk scenarios, presenting a classic legal dilemma—one person’s rights end where another’s begin.

Through a comparative and analytical lens, this Note explores the origins, current state, and impact of self-defense laws, focusing specifically on the United States and the United Kingdom. Tracing the development of self-defense doctrine from its roots in the common law, the analysis highlights …


The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber May 2026

The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber

Student Theses 2015-Present

This thesis examines the disproportionate burden of lead exposure carried by low income, POC communities. The systemic nature of this problem is a symptom of a longstanding legacy of environmental injustice in the United States. Decades of federal neglect are reflected in the higher statistics of lead exposure and poisoning in predominantly black communities. While it is understood that lead exposure poses a serious threat to physical health and early cognitive development, there is a discouraging lack of urgency to remove the toxin from non-wealthy communities. The material covered by this thesis aims to identify and correct the discriminatory social …


Expanding “We The People”: Constitutional Language And Gender (In)Equality In The United States, France, Germany, And Sweden, Sophia Elaine Ward May 2026

Expanding “We The People”: Constitutional Language And Gender (In)Equality In The United States, France, Germany, And Sweden, Sophia Elaine Ward

University of Miami International and Comparative Law Review

While the U.S. Constitution opens with the inclusive promise of representing “We the People,” it remains silent on gender equality. That silence leaves gender-based rights dependent on judicial interpretation rather than constitutional command, producing uneven, unstable protections that shift with changing courts and political regimes. Although the U.S. Supreme Court addresses sex discrimination through the Equal Protection Clause, its jurisprudence relies on a formal equality framework that fails to confront structural and systemic gender inequality and offers no durable constitutional guarantee.

This Note argues that the U.S. can no longer rely on judicial interpretation alone to secure gender equality. Instead, …


Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams May 2026

Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams

University of Miami International and Comparative Law Review

Human Rights in the Americas Symposium: An Examination of Past, Present, and Future documents a week-long convening hosted by the University of Miami School of Law in November 2025, held in conjunctions with the 194th Period of Sessions of the Inter-American Commission on Human Rights. The Symposium brought together scholars, advocates, policymakers, students, artists, and community members to assess the evolution, current challenges, and future trajectory of human rights in the Americas.

Through interdisciplinary panels, thematic hearings, artistic exhibitions, and community-based engagements, participants examined pressing regional issues, including democratic backsliding, migration, housing justice, racial and gender inequality, environmental harm, and …


Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees May 2026

Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees

University of Miami International and Comparative Law Review

The Americas and the Caribbean are undergoing rapid demographic aging amid structural inequality, widespread informality, and fragile social protection, exposing older persons to heightened risks of disease, poverty, exclusion, and abuse while reinforcing their construction as dependents rather than autonomous rights-holders. Grounded in the Inter-American Human Rights System, and complemented by empirical evidence, the analysis situates demographic aging as a structural human rights priority and traces the evolution of regional standards culminating in the Inter-American Convention on Protecting the Human Rights of Older Persons. It then examines advances and gaps in national protection systems in Latin America and the Caribbean …


Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz May 2026

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …


Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes May 2026

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …


"For Their Effectual Exclusion": Oregon, Racial Exclusion, And Citizenship In The Mid-Nineteenth Century, Riley M. Littleton May 2026

"For Their Effectual Exclusion": Oregon, Racial Exclusion, And Citizenship In The Mid-Nineteenth Century, Riley M. Littleton

Honors Theses

In light of Oregon’s admission to the Union as the only state to receive congressional approval with a racial exclusion clause in its constitution, this project seeks to examine the constitutional and cultural thought that ultimately led to the stamp of approval on the thirty-third state. In the past, Missouri had attempted a similar maneuver, seeking to bar free Black Americans from entry; Congress had not allowed it, believing that the provision violated the U.S. Constitution’s Privileges and Immunities Clause. This project investigates what changed congressional opinion between Missouri and Oregon’s respective times.

In researching contemporary literature to understand local …