Law Commons^™

Inside The Internet, Nick Merrill, Tejas N. Narechania

Duke Law Journal Online

Conventional wisdom—particularly in the legal literatures—suggests that competition reigns the inside of the internet. This common understanding has shaped regulatory approaches to questions of network security and competition policy among service providers. But the original research presented here undermines that long-held assumption. Where the markets for internet traffic exchange (and related services) have long been thought to be characterized by robust competition among various network services providers, our findings suggest that these markets have consolidated. These trends raise a host of concerns for network reliability, online speech, and consumer choice, among other matters. Indeed, some recent high-profile internet outages reflect …

Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

Join the Cardozo Journal of Conflict Resolution on October 27, 2023, from 8:30 am - 4:00 pm EST for the annual Melnick Symposium. Held in the Cardozo Lobby and Moot Court Room, this year's theme is "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" The symposium will explore criminal legal reform, the integration of restorative justice, problem-solving courts, diversion, bail reform, and plea bargaining, along with the roles of judges, prosecutors, defense attorneys, and the public. Papers will address effective system design and problem-solving for all stakeholders.

Elusive Catch : Domestic Challenges Encountered By The Philippines In Ratifying The Cape Town Agreement Of 2012, Gerico John Vincent Magbojos

World Maritime University Dissertations

No abstract provided.

Abuja Mou As A Facilitator For The Implementation Of Imo Instruments In The West And Central African Region, Paul Chika Ochulor

World Maritime University Dissertations

No abstract provided.

An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey

World Maritime University Dissertations

No abstract provided.

Enhancement Of Search And Rescue Missions In The West Coast Of Africa : Examining The Possibilities Of Use Of Drones In Cabo Verde Search And Rescue, Artemisa Cristina Gomes Neves Mota

World Maritime University Dissertations

No abstract provided.

Support A Safety Learning Culture In Port State Control Regime, Peng Lyu

World Maritime University Dissertations

No abstract provided.

Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka

World Maritime University Dissertations

No abstract provided.

Stakeholders’ Perception On The Benefits Of Mangrove Restoration In Liberia, Mark Mikely

World Maritime University Dissertations

No abstract provided.

Advancing The Blue Economy Through Sustainable Mariculture : The Prospect Of Pearl Oyster And Sponge Farm Cultivation In St. Vincent And The Grenadines, Kevin Antonio Providence

World Maritime University Dissertations

No abstract provided.

Implications Of Marine Heatwaves For The Blue Economy In Ghana, Louisa Pokua Sarkodie

World Maritime University Dissertations

No abstract provided.

Assessing The State Of Implementing The International Maritime Organization (Imo) Strategy For Addressing Marine Plastic Pollution In Nigeria, Lucia Urinrin Ushie

World Maritime University Dissertations

No abstract provided.

Impact Of Crude Oil Trade On Nigeria’S Economy : A Time Series Approach, Ihuoma Grace Chukwuma-Ekwueme

World Maritime University Dissertations

No abstract provided.

Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier

Fordham Law Voting Rights and Democracy Forum

In 2021, the United States Supreme Court in Americans for Prosperity Foundation v. Bonta considered the anonymous speech rights of charitable donors against the California Attorney General’s interest in preventing wrongdoing by charitable organizations. The Court applied exacting scrutiny, a standard traditionally applied to campaign finance disclosure laws, determining that California’s requirement was facially invalid as a violation of associational rights. Bonta did not concern campaign finance, making this application of exacting scrutiny novel. This Article considers the open questions raised by Bonta regarding how exacting scrutiny should be applied and what it means for the future of campaign finance …

The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker

Fordham Law Voting Rights and Democracy Forum

In a watershed 2015 referendum, Ohioans decisively approved a state constitutional amendment that prohibited partisan gerrymandering of General Assembly districts and created the Ohio Redistricting Commission. Though the amendment mandated that the Commission draw proportional maps not primarily designed to favor or disfavor a political party, the Commission—composed of partisan elected officials—repeatedly enacted unconstitutional, heavily gerrymandered districting plans in blatant defiance of the Ohio Supreme Court.

After the Ohio Supreme Court struck down four of the Commission’s plans, leaving Ohio without state House and Senate maps just months before the 2022 general election, a group of voters sued in the …

Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong

Fordham Law Voting Rights and Democracy Forum

Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …

Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner

Fordham Law Voting Rights and Democracy Forum

What constraints should the protection of political equality place on the design of electoral systems? With the exception of requiring approximate population equality across a jurisdiction’s districts, the U.S. voting rights regime accepts substantial disproportionality in voting strength. This Article addresses the current Supreme Court’s abandonment of the Second Reconstruction’s “one person, one vote” standard with regard to both racial and partisan gerrymandering, and assesses the role that Congress and political science have played in this transition. This Article argues that an unabridged voting rights regime must recognize a standard of proportional representation derived from the protection of individual political …

Discriminatory Intent Claims Under Section 2 Of The Voting Rights Act, Amandeep S. Grewal

Fordham Law Voting Rights and Democracy Forum

This Article addresses a new controversy over whether Section 2 of the Voting Rights Act prohibits laws that exhibit “only” discriminatory intent, in the absence of discriminatory results. Lower courts have long embraced an intent approach for Section 2. And the Department of Justice has rested its entire ongoing case against Georgia’s controversial voting bill on an intent approach.

However, this Article shows that the Supreme Court’s decision in Brnovich v. DNC effectively rejects the intent approach to Section 2. In April 2023, the Eleventh Circuit reversed its prior cases and now rejects an intent theory. This puts in peril …

Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

October 26, 2023

The United States Must Do More To Protect Immigrants From Legal Fraud, Olivia Hendelman

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

Earlier this month, counsel for Fareed Heera filed a complaint seeking review of his permanent residence (i.e. green card) application, on the grounds that Heera was victimized by his attorneys. The federal government denied Heera’s application due to fraud and misrepresentation. Heera’s counsel argues that law firms deceived Heera on two separate occasions when they filed petitions containing factual misrepresentations of which Heera was not aware. The complaint further explains that Heera did not intend to commit fraud by using misrepresentations; rather, he was preyed upon when relying on his attorneys to navigate a legal process unfamiliar to him. Ultimately, …

Technology Mindfulness And The Future Of The Tort Of Privacy, Emily Laidlaw

Osgoode Hall Law Journal

This article investigates how to develop the tort of privacy to better address technology-facilitated abuse. The central question explored is how explicitly the role and function of technology should be engaged in a legal test. The article argues that technology is constitutive of our society, shaping our social and cultural institutions, which in turn shape the development of technology and together define the everyday ways that our privacy is enjoyed and invaded. A privacy tort should therefore directly engage with the social significance of technology—what this article frames as technology mindfulness. To develop the concept of technology mindfulness, and with …

Intervention In Civil Wars: Effectiveness, Legitimacy, And Human Rights By Chiara Redaelli, Sofya Cherkasova

Osgoode Hall Law Journal

Libya, Mali, Yemen, Syria, Ukraine. These are just some of the countries that have been subject to armed interventions in only the past eleven years. The list of countries that were invaded in the past fifty years is exponentially longer.

Your Boss Is An Algorithm: Artificial Intelligence, Platform Work And Labour By Antonio Aloisi And Valerio De Stefano, Zoé Bernicchia-Freeman

Osgoode Hall Law Journal

In March 1964, the cover page of a popular German weekly magazine entitled Der Spiegel painted a frightening picture: An anthropomorphic robot with six mechanical arms commands an assembly line while a displaced human worker floats aimlessly in the foreground. Ejected from his station, the worker throws up his hands in despair next to a headline that reads, “Automation in Germany, the arrival of robots.” Over fifty years later, a cover page from the same magazine evoked similar themes: A giant robot arm yanks an office worker away from his computer under the headline, “You’re fired! How computers and robots …

Peace And Good Order: The Case For Indigenous Justice In Canada By Harold R. Johnson, Scott Franks

Osgoode Hall Law Journal

Harold Johnson was a Cree lawyer, trapper, author, and storyteller from the Montreal Lake Cree Nation. He practiced as a criminal defence lawyer and then as a Crown prosecutor in my hometown of La Ronge, Saskatchewan. Peace and Good Order: The Case for Indigenous Justice in Canada (“Peace and Good Order”) is Harold’s resignation letter to the legal profession, apology for his participation in Canada’s criminal law system, and argument for Indigenous jurisdiction. It is, in part, an autobiographical account of his relationship to Canadian law as a Nehiyaw man. And it comes at a time when more and more …

Canadian “Dreamers”: Access To Post-Secondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

Osgoode Hall Law Journal

Youth with precarious legal status (PLS) in several provinces are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for post-secondary education are highly constrained. This article sets out an argument for expanding post-secondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program.” The article considers possible legal impediments to the establishment of such programs, including offences under Canadian immigration legislation, and argues that charges against post-secondary institutions …

Policing In The Shadow Of Legality: Pretext, Leveraging, And Investigation Cascades, Terry Skolnik

Osgoode Hall Law Journal

Police officers often exercise their authority at the boundary of legality. Two of policing’s features contribute to this tendency: first, the scope of certain police powers is unclear; second, officers enjoy broad discretion to initiate proactive police encounters. This article argues that these interrelated features of policing result in three law enforcement phenomena: pretext, leveraging, and investigation cascades. Pretext denotes that police officers invoke lawful justifications to pursue unlawful aims. Leveraging implies that officers exploit individuals’ psychological vulnerabilities to secure compliance or to receive consent to engage in more intrusive investigatory tactics. Investigation cascades occur when officers gather information through …

2023 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2023 Event Invitations

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award, which honors Raphael Lemkin, the originator of the term “genocide” and exponent of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity and other gross human rights violations, and on strategies of prevention.

Provincial Constitutions, The Amending Formula, And Unilateral Amendments To The Constitution Of Canada: An Analysis Of Quebec’S Bill 96, Emmett Macfarlane

Osgoode Hall Law Journal

This article critically analyzes provincial authority to unilaterally amend the Constitution of Canada. Via an assessment of the purported amendments in Quebec’s Bill 96, which would recognize Quebecers as a nation and French as the only language of the province, the article argues that provinces cannot make direct amendments altering, adding, or repealing provisions of the Constitution of Canada. This argument is reflected in the wording of the various constitutional amending procedures, the historical and contemporary constitutional practice, and the underlying purpose of, and fundamental distinction and complex relationship between, the Constitution of Canada as supreme law and the constitution …

Roger Rigby Durrant, Appellant V. R&M Durrant Family, Llc, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final judgment and underlying rulings entered by the Third Judicial District Court of Utah, in and for Tooele County, the Honorable Teresa Welch, Presiding

James Tracy Jarom R. Jones KC Hooker BENNETT TUELLER JOHNSON & DEERE

JOHN WALSH ATTORNEY AT LAW