Law Commons^™

The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo

Tennessee Journal of Law and Policy

No abstract provided.

The Need For Prescription Drug Buy-Back Programs, Ted Goodman

Tennessee Journal of Law and Policy

No abstract provided.

In Defense Of Liberty, Bobby Lee Cook

Tennessee Journal of Law and Policy

No abstract provided.

Legitimizing Discrimination Against Trans Employees, Natalie Hrubos

Tennessee Journal of Law and Policy

No abstract provided.

More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al. Order On Motion For Attorney's Fees, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Mmu: 02/05/24–02/11/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Free Tax Assistance Available At The Maurer School Of Law Through March 26, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Some Monroe County residents and Indiana University students can receive free assistance with their 2023 federal and state tax returns at the Maurer School of Law as part of the Volunteer Income Tax Assistance (VITA) program.

Vol. 66, No. 04 (February 5, 2024)

Indiana Law Annotated

No abstract provided.

The Case Against Expensing R&E, Reuven S. Avi-Yonah

Articles

On January 16 Senate Finance Committee Chair Ron Wyden, D-Ore., and House Ways and Means Committee Chair Jason Smith, R-Mo., introduced a bipartisan tax package that would revive the child tax credit and modify three provisions in the Tax Cuts and Jobs Act. Under the proposal, the 30 percent limit on interest deductions would be relaxed by including depreciation and amortization in calculating deductible interest, expensing of corporate investment would be extended, and expensing of research and experimentation would be restored in lieu of amortization.

Tort Liability And Unawareness, Surajeet Chakravarty, David Kelsey, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. Following Karni and Vierø (2013), we model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo-American tort law, negligence and strict liability, and argue that negligence has an important advantage over strict liability in a world with unawareness—negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Ndls Communicator: Week Of 02.05.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Last week, the International Religious Freedom Summit occurred in Washington, DC. Several ND Law faculty members participated.
• Last week, Lloyd Mayer presented a draft essay, "Nonprofit Corporations & Politics: The Entity/Coordination Tension" at The University of Chicago Business Law Review's symposium on The Corporation's Role in Politics.
• Christian Burset co-authored "Partisan Legal Traditions in the Age of Camden and Mansfield," which will be published in a forthcoming Oxford Journal of Legal Studies issue.
• Francisco Urbina published a new essay, "It Doesn't Matter What 'Interpretation' Is," based on Cass Sunstein's book.
• Avishalom Tor recently co-edited “Oxford Handbook on …

The Individual's Contribution To The Preliminary Investigation Procedures And Their Role In Achieving Criminal Justice, Aladdin Obeid

An-Najah University Journal for Research - B (Humanities)

This study deals with the participation of the average individual in the preliminary investigation procedures, and the extent of the contribution of this role in the achievement of criminal justice, Where we find that the Palestinian criminal legislator authorized individuals to contribute to carrying out some preliminary investigation procedures, This contribution appears through his participation with the primary investigation authorities in carrying out some procedures in cases of flagrante delicto, such as giving their statements about the incident, not leaving the scene of the crime, physical exposure, assisting judicial officers in arresting the accused, and conducting preventive inspections, This …

Jennifer Newsome Martin To Succeed O. Carter Snead As Director Of De Nicola Center For Ethics And Culture, University Of Notre Dame, Kenneth Hallenius

NDLS in the News

Sarah Mustillo, the I.A. O’Shaughnessy Dean of Arts and Letters, has appointed University of Notre Dame theologian Jennifer Newsome Martin to be the next director of the de Nicola Center for Ethics and Culture. She will succeed O. Carter Snead, the Charles E. Rice Professor of Law, who will conclude 12 years of service in this role on June 30.

The Santa Clara, 2024-02-02, Santa Clara University

The Santa Clara

No abstract provided.

Cardozo Law News Brief: February 2, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jacob Noti-Victor
• Pamela Foohey
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Michael Oher and ‘The Blind Side’ of Conservatorships
• The 2024 Cardozo Colloquium on Global and Constitutional Theory Presents: Linda Greenhouse on the Roberts Court
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

How Summary Eviction Proceedings Fail Individuals Facing Housing Discrimination, Katherine Alonzo

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Every year, over three million American households are threatened with eviction from their homes. The consequences of eviction are “dire” and affect “every facet of life” that go beyond someone’s physical safety and livelihood. For instance, evictions may leave people unhoused, “[fracture] the integrity of their families, [crush] their livelihoods, [damage] their mental and physical health and their safety, [deprive] them of their place in community and, ultimately, [tear] apart the fabric of their communities.” While Americans of all backgrounds face evictions, there are often large racial, ethnic, and gender disparities among those who face eviction with Black Americans, women, …

“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a decree of divorce in the Third Judicial District Court, Case No. 214905299, the Honorable Patrick Corum presiding

Jonathan Good, Attorney for Appellee Vicki Jo Nelson

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon

Indonesian Journal of International Law

Law enforcement in Indonesia terrorism has encountered enormous difficulties when it comes to combating terrorist financing. In contrast, the terrorists who have been imprisoned found that the punishment given by the judge in the court and the deradicalization programs offered by BNPT, the National Counter Terrorism Agency, does not deter them from recidivism. Our research question is whether or not the implementation of law enforcement in combating terrorist financing in Indonesia has deterred terrorists from re-offending. The methodology used in this research is a qualitative method that employs two case studies through in-depth interviews to determine whether or not the …

The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” …

Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan

Indonesian Journal of International Law

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context …

International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro

Indonesian Journal of International Law

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …

Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel

Indonesian Journal of International Law

Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, …

February 2024 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

No abstract provided.

Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels, Matthew I. Fraidin

UDC Law Faculty in the News

In a thirteenth-floor courtroom in downtown Dallas, Jackie Juarez took the witness stand to testify about years of mistreatment under the system that raised her. Now eighteen years old, she stood a little over four and a half feet tall, with dark curls that fell atop a long, cream-colored cardigan. She pulled By Patrick Michels the microphone close as she spoke. At eleven years old, she had been placed in the state’s custody, for reasons that remain confidential. She was removed from a group home after reporting inappropriate text messages from a male staffer—he remained employed at the facility, while …

Shadows Or Forgeries? Explaining Legal Normativity, Alma Diamond

Fellow, Adjunct, Lecturer, and Research Scholar Works

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What they have in common is an implicit assumption about the form that normative explanation must take: that it must …