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Full-Text Articles in Law

Careers In Art Law Online Panel, Cardozo Art Law Society Mar 2024

Careers In Art Law Online Panel, Cardozo Art Law Society

2023–2024 Flyers

No abstract provided.


Corporatizing Violence: Targeted Repression Of Indigenous Dissent In Democratic States, Laikaika Layne Rivera Mar 2024

Corporatizing Violence: Targeted Repression Of Indigenous Dissent In Democratic States, Laikaika Layne Rivera

Dissertations and Theses

This thesis explores state repression of disruptive protests against private development projects in democracies. Using a mixed methods approach, including logistic regression and case studies, the research identifies key factors influencing repression. Indigenous leadership, fragmented public opposition, and private elite influence increase the likelihood of violent repression. The findings suggest that when public resistance is insufficient against powerful private interests, coercive institutions resort to violent strategies to quell disruptions and signal increased costs for future dissent. State repression is more likely when the protest movement is comprised of Indigenous groups than compared to those of the general public. The study …


The Future Of Transnational Surrogacy: Where Do Italy And The Uk Stand Now?, Elleme Ko Mar 2024

The Future Of Transnational Surrogacy: Where Do Italy And The Uk Stand Now?, Elleme Ko

Cardozo International & Comparative Law Review (CICLR) Blog

The images of thousands of abandoned babies around the world gave the transnational commercial surrogacy market a global spotlight in 2020 when COVID-19 travel bans hit. As borders closed, intended parents or “fertility tourists” were unable to claim newborns born to surrogate mothers in Russia, Ukraine, the United States, and elsewhere. Babies were left for months in hospitals, orphanages, or in the hands of surrogacy agencies. “‘The image’—of the [commercial surrogacy] industry— ‘was really bad.’” Much attention has been paid to the effects of abortion regulation and access to contraception on women’s reproductive freedom. However, the politics of pregnancy through …


From Classroom To Incarceration: Dissecting The School To Prison Pipeline, Cardozo Public Service Scholars Program Mar 2024

From Classroom To Incarceration: Dissecting The School To Prison Pipeline, Cardozo Public Service Scholars Program

2023–2024 Flyers

No abstract provided.


Stand Alone Emotional Harm: Old Wine In New Bottles, Robert L. Rabin Mar 2024

Stand Alone Emotional Harm: Old Wine In New Bottles, Robert L. Rabin

DePaul Law Review

No abstract provided.


Tort(?) Arms Races: Abortion And Beyond, Carleen Zubrzycki Mar 2024

Tort(?) Arms Races: Abortion And Beyond, Carleen Zubrzycki

DePaul Law Review

No abstract provided.


Impaired, In Pairs, Cristina Carmody Tilley Mar 2024

Impaired, In Pairs, Cristina Carmody Tilley

DePaul Law Review

No abstract provided.


When A Wrong Creates A Life: Tort Responses To Children Born From Institutional Sexual Violence, Karen M. Tani Mar 2024

When A Wrong Creates A Life: Tort Responses To Children Born From Institutional Sexual Violence, Karen M. Tani

DePaul Law Review

No abstract provided.


Lost Chance Of A Better Medical Outcome: New Tort, New Type Of Compensable Injury, Or New Causation Rule?, Kenneth W. Simons Mar 2024

Lost Chance Of A Better Medical Outcome: New Tort, New Type Of Compensable Injury, Or New Causation Rule?, Kenneth W. Simons

DePaul Law Review

No abstract provided.


Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok Mar 2024

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok

DePaul Law Review

No abstract provided.


The Duty Of Climate Care, Douglas A. Kysar Mar 2024

The Duty Of Climate Care, Douglas A. Kysar

DePaul Law Review

No abstract provided.


A Tort For The Digital Age: False Light Invasion Of Privacy Reconsidered, John C.P. Goldberg, Benjamin C. Zipursky Mar 2024

A Tort For The Digital Age: False Light Invasion Of Privacy Reconsidered, John C.P. Goldberg, Benjamin C. Zipursky

DePaul Law Review

No abstract provided.


Duty-Preserving Tort Rules As An “Old Category” For Justifying The Loss-Of-Chance Doctrine In Medical Malpractice Cases, Mark A. Geistfeld Mar 2024

Duty-Preserving Tort Rules As An “Old Category” For Justifying The Loss-Of-Chance Doctrine In Medical Malpractice Cases, Mark A. Geistfeld

DePaul Law Review

No abstract provided.


An Ideal Of Resilience And The Law Of Torts, Erik Encarnacion Mar 2024

An Ideal Of Resilience And The Law Of Torts, Erik Encarnacion

DePaul Law Review

No abstract provided.


Remote Repossession, Rebecca Crootof Mar 2024

Remote Repossession, Rebecca Crootof

DePaul Law Review

No abstract provided.


Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen Mar 2024

Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen

DePaul Law Review

No abstract provided.


Ai Malpractice, Bryan H. Choi Mar 2024

Ai Malpractice, Bryan H. Choi

DePaul Law Review

No abstract provided.


Tort Liability For Physical Harm To Police Arising From Protest: Common-Law Principles For A Politicized World, Ellen M. Bublick, Jane R. Bambauer Mar 2024

Tort Liability For Physical Harm To Police Arising From Protest: Common-Law Principles For A Politicized World, Ellen M. Bublick, Jane R. Bambauer

DePaul Law Review

No abstract provided.


Cottages As Public Nuisances: The Long History Of Land Use Regulation Of The Poor, Maureen E. Brady Mar 2024

Cottages As Public Nuisances: The Long History Of Land Use Regulation Of The Poor, Maureen E. Brady

DePaul Law Review

No abstract provided.


Renewing Products Liability With Semen, Anita Bernstein Mar 2024

Renewing Products Liability With Semen, Anita Bernstein

DePaul Law Review

No abstract provided.


How An Old Tort Became New: The Case Of Offensive Battery, Kenneth S. Abraham, G. Edward White Mar 2024

How An Old Tort Became New: The Case Of Offensive Battery, Kenneth S. Abraham, G. Edward White

DePaul Law Review

No abstract provided.


Introduction, Stephan Landsman Mar 2024

Introduction, Stephan Landsman

DePaul Law Review

No abstract provided.


Table Of Contents Mar 2024

Table Of Contents

DePaul Law Review

No abstract provided.


Trusting What You Can’T See: Audit Oversight And The Pcaob, J. Robert Brown Jr. Mar 2024

Trusting What You Can’T See: Audit Oversight And The Pcaob, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

The paper discusses steps that the PCAOB needs to take to improve audit quality and investor trust in audits. This includes a different approach to standard setting, including a reduction in the use of requirements that are entirely principles based. The approach should also address more explicitly address the conflict between audit quality and commercial interests.

The focus of inspections needs to shift away from a primary emphasis on deficiencies to actual improvements in the quality of financial disclosure. In part this means inspecting audits of issuers that have a higher risk of fraud or GAAP violations and, in selecting …


Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist Mar 2024

Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist

Law Faculty Briefs and Court Documents

No abstract provided.


What Matters In Moore, Reuven Avi-Yonah Mar 2024

What Matters In Moore, Reuven Avi-Yonah

Articles

Why does the pending Moore case in the Supreme Court matter? The obvious answer is that if the Court decides that realization is a constitutional requirement for an income tax, the holding will have significant implications for the existing income tax regime. Depending on how broad the decision is, it could enable constitutional challenges to subpart F, the global intangible low-taxed income regime, partnership and subchapter S taxation, and sections 275, 877A, 1256, and 1259, to name just a few. And even if most or all of these challenges are ultimately decided against the taxpayers (for example, because realization does …


The American Arbitration Association’S Ai Integration Efforts For Alternative Dispute Resolution, Ronnie Cattier Mar 2024

The American Arbitration Association’S Ai Integration Efforts For Alternative Dispute Resolution, Ronnie Cattier

Cardozo Journal of Conflict Resolution (CJCR) Blog

The American Arbitration Association (“AAA”) has joined a long line of various organizations that are looking to make use of, and integrate artificial intelligence (“AI”) into their processes.The AAA has launched innovation programs that are lending support to the idea of AI integration into arbitration, mediation, and other Alternative Dispute Resolution (“ADR”) methods. These programs are looking at creating the right structure and guidelines for AI usages. This is two-fold: on the one hand, the AAA has been building its own solutions; on the other, there is an increasing awareness on developing the framework for external AI tools.

This post …


Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales Mar 2024

Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


Techno-Legal Solutionism: Regulating Children's Online Safety In The United States, Maria P. Angel, Danah Boyd Mar 2024

Techno-Legal Solutionism: Regulating Children's Online Safety In The United States, Maria P. Angel, Danah Boyd

Scholarly Works

Convinced that social media is directly harming children, policymakers have started to introduce legislation that requires technology companies to be safe by design through “duty of care” provisions. Unlike regulations that focus on product safety, these bills incorporate technosolutionist logics into regulation by presuming that technology companies can remedy complex harms like mental health duress and bullying if their products were only designed better. In this paper, we unpack the theory of change at the center of the “duty of care” included in the “Kids Online Safety Act” (KOSA). We argue that techno-legal solutionism is both ineffective as a framework …


Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks Mar 2024

Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks

Arkansas Law Review

This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …