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Full-Text Articles in Law

Table Of Contents, Children's Legal Rights Journal Jan 2024

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


The Role Of Foster Care: How Foster Parent Intervention Affects The Child Welfare System, Olivia Mcgrath Jan 2024

The Role Of Foster Care: How Foster Parent Intervention Affects The Child Welfare System, Olivia Mcgrath

Children's Legal Rights Journal

"Every child is entitled to a caregiver who can support the family's efforts toward a successful reunification." The National Training and Development Curriculum for Foster and Adoptive Parents provided by the Children's Bureau clearly states the rights of a child in foster care. A child removed from their biological family's home deserves the efforts of the child welfare system, their biological parents, and their foster parents to work toward returning the child to their home. "Foster to adopt" is a misleading term that contradicts the role of a foster parent. Federal and state legislation defines the primary goal of foster …


The Direction Of Child Labor Legislation: Exploring Divergent Perspectives About The Standard For Child Labor Laws, Taylor Rathwell Jan 2024

The Direction Of Child Labor Legislation: Exploring Divergent Perspectives About The Standard For Child Labor Laws, Taylor Rathwell

Children's Legal Rights Journal

No abstract provided.


The Future Of Activism Is Youth-Full: How Youth Around The World Are Carrying The Torch For Gazans, Sierra Garcia Jan 2024

The Future Of Activism Is Youth-Full: How Youth Around The World Are Carrying The Torch For Gazans, Sierra Garcia

Children's Legal Rights Journal

Throughout history, many successful nonviolent action campaigns have been led by young people, from the Free Speech movement to the Civil Rights movement to the Black Lives Matter movement. Recent social movements worldwide - from Latin America to Hong Kong and beyond - have drawn on the strength of mass youth mobilization. It is difficult to imagine the landscape of social activism today without the efforts of young people.

Today, social movements are meeting the pressing crises of our time with unique vision, scale, and infrastructure - pointing the way toward transformation, with youth leading that charge. Studies show that …


S.B. V. S.S.: Children's Best Interests And Parents' First Amendment Rights Through A (Skeptically) Originalist Lens, Drew Gehman Jan 2024

S.B. V. S.S.: Children's Best Interests And Parents' First Amendment Rights Through A (Skeptically) Originalist Lens, Drew Gehman

Children's Legal Rights Journal

No abstract provided.


False Confessions And Police Torture In Mississippi, Chloe Ard Jan 2024

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.


Prisons As Laboratories Of Antidemocracy, Brandon Hasbrouck Jan 2024

Prisons As Laboratories Of Antidemocracy, Brandon Hasbrouck

Scholarly Articles

Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America’s prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls: prison administrators honed antidemocratic techniques for constraining and oppressing incarcerated persons, techniques that would later be deployed against the ostensibly free population. Jeffrey Bellin’s Mass Incarceration Nation provides a robust analysis of the ways state and federal policies have combined to create an explosion in the scope of American prisons in the …


Rights & Realities Of Self-Determination In Brazil, Starr Gibens Jan 2024

Rights & Realities Of Self-Determination In Brazil, Starr Gibens

International Program Papers

No abstract provided.


The Abortion Debate: A Comparison Between The Us And Mexican Supreme Courts, Anastasia Shabalov Jan 2024

The Abortion Debate: A Comparison Between The Us And Mexican Supreme Courts, Anastasia Shabalov

International Program Papers

No abstract provided.


The Impact Of Affirmative Action Implemented In Brazilian Universities: Increased Racial Self-Identification Among Brazilians, Natalie Isayan Jan 2024

The Impact Of Affirmative Action Implemented In Brazilian Universities: Increased Racial Self-Identification Among Brazilians, Natalie Isayan

International Program Papers

No abstract provided.


A Guide For United States Firms On Maintaining The Protection And Enforcement Of Trademarks And Copyrights In Mexico, Keyana Banisadre Jan 2024

A Guide For United States Firms On Maintaining The Protection And Enforcement Of Trademarks And Copyrights In Mexico, Keyana Banisadre

International Program Papers

Intellectual property (IP) is a critical asset for many businesses. Understanding the laws governing IP is especially important in international markets, where US based businesses may face additional challenges in enforcing their rights. Targeted at business professionals, this paper details how U.S. firms can achieve strong IP protection and reduce risks associated with infringement and unauthorized use in Mexico. First, it will offer a basic overview of Intellectual Property and what may be protected under U.S. law. Then, offer an outline of the legal frameworks involved and best practices essential for safeguarding trademarks and copyrights in the Mexican market, as …


Challenges To Judicial Independence In Mexico, Qiaofeng Li Jan 2024

Challenges To Judicial Independence In Mexico, Qiaofeng Li

International Program Papers

No abstract provided.


The Impact Of Anti-Corruption Legislation On The Evolution Of Corporate Law In Uzbekistan, Julia Ferreira Jan 2024

The Impact Of Anti-Corruption Legislation On The Evolution Of Corporate Law In Uzbekistan, Julia Ferreira

International Program Papers

No abstract provided.


International Law As A Tool For Reviving, Preserving, And Protecting The Tajik Language In Uzbekistan, Lindsay Saligman Jan 2024

International Law As A Tool For Reviving, Preserving, And Protecting The Tajik Language In Uzbekistan, Lindsay Saligman

International Program Papers

No abstract provided.


Uzbekistan And The Autocrat’S Parchment Problem, Paul Mapara Jan 2024

Uzbekistan And The Autocrat’S Parchment Problem, Paul Mapara

International Program Papers

No abstract provided.


Uzbekistan’S Decision: A New National Identity, Kirby Voss Jan 2024

Uzbekistan’S Decision: A New National Identity, Kirby Voss

International Program Papers

No abstract provided.


Anti-Corruption Efforts In The Republic Of Uzbekistan, Henry Wineburgh Jan 2024

Anti-Corruption Efforts In The Republic Of Uzbekistan, Henry Wineburgh

International Program Papers

No abstract provided.


A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner Jan 2024

A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner

American University Business Law Review

The landscape of college sports has dramatically changed in recent years. What was once considered a place for amateur athletes pursuing education now partially mirrors, at least for some student-athletes, the structure and financial dynamics of professional leagues such as the NFL, NBA, and MLB. However, the collegiate sports ecosystem still remains distinct, shaped by unique regulatory frameworks governed by the NCAA. This article reviews and analyses the implications of these changes, and focuses on the tax considerations surrounding Name, Image, and Likeness (NIL) rights and how the evolving nature of college sports also presents certain tax implications, some of …


An Information Theory Of Intentional Trademark Infringement, Jake Linford Jan 2024

An Information Theory Of Intentional Trademark Infringement, Jake Linford

Scholarly Publications

Critiques of the intent inquiry in trademark likelihood of confusion cases are somewhat misguided in light of theories about how information is transmitted in communication systems. Properly calibrated legal systems can incentivize better information flow and appropriate behavior by commercial actors using information forcing default rules. This Article considers trademark law's information transmission function in light of legal theories about the efficiencies captured through information forcing rules, as well as Claude Shannon's information theory, which provides a model for information transmission and important insights for how to optimize the signal-to-noise ratio in the commercial market. Defendants who run afoul of …


The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson Jan 2024

The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

Social media platforms encouraged millions of Americans to post hundreds of photos of themselves on the Internet. Clearview AI, a tool that harnesses “publicly available” online images for facial recognition, violated those platforms’ terms of service to collect those photos and in doing so de-anonymized millions of Americans. This Note examines the Fourth Amendment implications of law enforcement’s use of Clearview AI and its compatibility with constitutional protections. This Note argues that the use of Clearview AI by police to support warrant applications runs afoul of established legal standards by analyzing the evolution of Fourth Amendment ju …


Permitting The Future, Jonathan Adler Jan 2024

Permitting The Future, Jonathan Adler

Faculty Publications

Today’s environmental laws impose a range of permitting and review requirements on federal projects and private developments that require federal approval. While well-intentioned, these requirements have imposed substantial costs and delays on economic development, including the development of “green infrastructure.” Alternative energy projects and the infrastructure upon which they depend are constrained by lengthy permit reviews and assessments. While designed to protect the environment, these regimes may constrain the development and deployment of the environmental technologies of tomorrow, including (but not limited to) those necessary to address climate change. This essay is the introduction to a symposium on “Permitting the …


Corporal Punishment Of Children: A Multinational Comparison Between United States, Canada And Georgia; How The United States Compares To Canada And Georgia, Giana Cacciato Jan 2024

Corporal Punishment Of Children: A Multinational Comparison Between United States, Canada And Georgia; How The United States Compares To Canada And Georgia, Giana Cacciato

Children's Legal Rights Journal

No abstract provided.


Educational Rights Of Children With Incarcerated Parents, Puneet Pathak, Anshuman Panda Jan 2024

Educational Rights Of Children With Incarcerated Parents, Puneet Pathak, Anshuman Panda

Children's Legal Rights Journal

The overall development of any child is elevated when they are brought up in a family environment with love, care, and attention. Children with incarcerated parents are often raised in an unstable environment and are subject to various human rights violations; particularly, their right to education is compromised. As per the 27th edition of Prison Statistics India, the number of children living with incarcerated parents in Indian prisons stands at 1,8673. However, this number only accounts for the children allowed to reside in prison with the women prisoners, while the number of children with incarcerated parents living outside …


The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan Jan 2024

The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan

Singapore International Dispute Resolution Academy

Purpose: This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China. Design/methodology/approach: Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations. Findings: Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the …


The Adult Rights-Bearing Archetype And How It Stifles Young People’S Equal Protection, Catherine E. Smith Jan 2024

The Adult Rights-Bearing Archetype And How It Stifles Young People’S Equal Protection, Catherine E. Smith

Scholarly Articles

American constitutional law is defined by a rights-bearing archetype that prioritizes adults—and the Equal Protection Clause is no exception. The Supreme Court has recognized children as constitutional persons and proclaimed that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone,” but courts mostly see autonomous, rational, individualistic, income-generating grown people as rights-bearers. For the first time, this article reveals six adult-rights-bearing analytical traps that limit children’s equal protection, and proposes jettisoning the rigid Carolene Products test in favor of a nascent youth-based framework. Instead of shoehorning children’s rights into a web of laws and principles designed …


The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller Jan 2024

The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller

Scholarly Articles

The Supreme Court’s tectonic decision in Dobbs v. Jackson Women’s Health upended the Doctrine of Substantive Due Process by radically reinterpreting the doctrine of stare decisis. The Court’s established practice regarding stare decisis should have operated to preserve the fifty-year-old abortion jurisprudence. But we should have seen this change coming. Although there has been an intense and involved debate over the purpose and practice of precedent for generations, that debate shifted at the beginning of 2018. Four approaches to stare decisis emerged along a continuum, from complete abandonment of the doctrine and incremental erosion to modernized adherence to precedent. This …


Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez Jan 2024

Have Some Heart For The Heartland: A Call For A Federal Right To Repair Law, Gabriel Dominic Gomez

Journal of Legislation

No abstract provided.


On Traditionalism In Free Speech Law, R. George Wright Jan 2024

On Traditionalism In Free Speech Law, R. George Wright

Journal of Legislation

No abstract provided.


Masthead Jan 2024

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents Jan 2024

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.