Law Commons^™

Penerapan Doktrin Fair Use Pada Penayangan Cuplikan Film Tanpa Izin Dalam Video Ulasan Film Pada Platform Youtube Di Indonesia, Fadhilah Pijar Ash Shiddiq

Technology and Economics Law Journal

No abstract provided.

Pencipta Novel Terjemahan Berdasarkan Doktrin Originality Berdasarkan Novel Harry Potter Terjemahan Bahasa Indonesia, Therecia Fransisca Tarigan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Pembatasan Hak Cipta Terkait Remix Lagu Berdasarkan Doktrin Fair Use Dan Undang- Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Anastasia Theresia Puspasari, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Kejahatan Siber Terhadap Individu: Jenis, Analisis, Dan Perkembangannya, Russel Butarbutar

Technology and Economics Law Journal

No abstract provided.

Analisis Yuridis Terkait Perlindungan Hak Kekayaan Intelektual Dalam Hak Cipta Oleh Penyelenggara Marketplace Token Nft, Bagas Darmawan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Kajian Hukum Implementasi Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Terkait Perlindungan Hak Cipta Ceramah Agama, Muhammad Fauzi Rais Lutfi, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

"What Makes Law? Dworkin, Fish, And Koskenniemi On The Rule Of Law", David Lefkowitz

Philosophy Faculty Publications

What makes Law? So formulated, the question is an ambiguous one. On what I will call the micro-level, it asks for the successful conditions for an assertion of law, what justifies or provides the truth conditions for claims such as ‘ I have a legal right to ϕ ’ or ‘ you broke the law ’. Much of the debate between Ronald Dworkin and Stanley Fish concerns this question; for example, the role that theory plays in actors’ identification of the law, or the constraints, if any, that legal materials themselves impose on what counts as an interpretation of them. …

Civil Rights Clinic Reaches Settlement For Those Subjected To Polar Vortex Conditions In Federal Jail, Cardozo Civil Rights Clinic

Cardozo News 2023

Professor Betsy Ginsberg and her Civil Rights Clinic worked with Professor Alexander Reinert and the law firm Emery Celli Brinckerhoff Abady Ward & Maazel to come to a settlement with the federal government after people incarcerated at Metropolitan Detention Center, a Brooklyn federal jail, were subjected to a week without heat or electricity during a 2019 polar vortex.

From Lau To Now: A Phenomenological Study Of The Experiences Of Secondary Educators With Monolingual Driven Language Laws, Brooke Elizabeth Boutwell

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine the influence of monolingually biased federal language policies on English language learners and secondary educators in a middle school in the Oceana School District. The theory guiding this study was Richard Ruiz’s Orientations in Language Planning as it pertains to ideology behind language policy. The transcendental phenomenological study was conducted in the Oceana School district at Waves Middle School. Participants included seven middle school content teachers, a school administrator, and two English as a second language specialists. All participants were chosen based on the criteria of having worked in the Oceana …

Brief Of Amici Curiae Eugene Volokh, Richard W. Garnett, & Michael Stokes Paulsen In Support Of Petitioner, Brian D. Schmalzbach, Richard W. Garnett

Court Briefs

No. 23-74
Debra A. Vitagliano v. County of Westchester, New York

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam- dunk simple” yet the Court got it “slam-dunk wrong.”

Pro-choice …

Foreword, Scott Bloomberg, Kelsey Kenny

Student Journal of Information Privacy Law

Welcome to the first paginated edition of the Student Journal of Information Privacy Law (SJIPL). A group of students at the University of Maine School of Law founded the SJIPL during the fall 2021 semester with the aim of establishing an outlet for student-authored scholarship about information privacy law. Following its formation, the Journal began publishing monthly editions comprised of shorter-form blog posts and more formal academic papers. The Maine Law faculty voted to formally recognize the SJIPL as the school’s third law journal in fall 2022, and the Journal’s editorial staff began working towards publishing its inaugural paginated edition …

Training Your Mediator Bot, John Lande

Faculty Blogs

This somewhat tongue-in-cheek post discusses biases in AI systems. Noting that AI bots need to be “trained,” this post suggests that untrained mediator bots may spew out unwanted interventions such as providing undesired evaluations of BATNA values – or failing to provide desired evaluations. So mediators probably will need to co-mediate with their bots for a while to observe and correct its biases. Ironically, bots may produce language that normal humans understand much better than the confusing jargon we habitually use. So the mediator bots may need to train human mediators.

State Of Utah, Plaintiff/Appellee V. Steven Timothy Smith, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for murder, a first degree felony, in the Fifth Judicial District, Washington County, the Honorable Jeffrey C. Wilcox presiding

NICOLAS D. TURNER, Counsel for Appellant

KAREN A. KLUCZNIK, SEAN D. REYES, ERIC GENTRY, JERRY JAEGER, Counsel for Appelleе

The State Of Utah, Plaintiff/Appellee V. Kenneth Bowdrey, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from distribution of or arranging to distribute a controlled substance, a second-degree felony, in the Third Judicial District, Salt Lake County, the Honorable Todd M. Shaughnessy presiding.

JANET LAWRENCE, DON SHUMAN, Counsel for Appellant

HWA SUNG DOUCETTE, SEAN D. REYES, KARISSA MCKINNEY, Counsel for Appellee

Implementing Informatics Tools With Data Management Plans For Disease Area Research, Vivek Navale, Matthew Mcauliffe

Copyright, Fair Use, Scholarly Communication, etc.

Data management plans (DMPs) are essential to a research data life cycle. The DMPs should be developed as part of the research programs to be effective. For disease area research, integrating research community-recommended data standards during collection can enhance the likelihood of data reuse. Informatics tools are required as part of DMPs with the aim of data being findable, accessible, interoperable, and reusable.

The United States National Institutes of Health supports various disease area research programs and has recently finalized the Data Management and Sharing Policy. The policy highlights the importance of sharing data and metadata, including information on various …

Perlmutter Center Announces That Their Client Frans Sital Has Been Released From Prison, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

The Perlmutter Center for Legal Justice at Cardozo Law (PCLJ) is pleased to announce that their client Frans Sital, who has served over 30 years in prison, has been released from prison after his sentence was reduced to time served.

Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv

Pace International Law Review

This article presents the conservative claim that the public sector ought to lead by example to influence social employment patterns, across the public and private sectors. The hypothesis is that affirmative action plans are instrumental in establishing change in employment processes and are additionally essential in advancing the social concept of employment diversity. In the absence of a clear obligation and set requirements for the inclusion of Arab employees in Israel, an under-represented group, it is likely no significant change in employment patterns will be seen. This article details how current affirmative action plans advocate for integration merely on paper …

Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual

Pace International Law Review

The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …

Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey

Pace International Law Review

Hailed as an international human rights innovation, the UN Human Rights Council’s Universal Periodic Review (“UPR”) is a peer-review mechanism that assesses the protection and promotion of human rights in all 193 UN Member States, including intergovernmental and civil society input. Importantly, within the UPR, other Member States provide recommendations to each state under review on how it can improve human rights on the ground. States can decide to accept or note recommendations and should then go on to implement those that are accepted. The recommendations are a fundamental part of the UPR process, yet they are not always formulated …

Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck

Pace International Law Review

The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …

Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora

Student Journal of Information Privacy Law

Nonconsensual pornography, also referred to as revenge porn, is “the distribution of sexual or pornographic images of individuals without their consent.”1 Forty-six U.S. states, the District of Columbia, and the U.S. territory of Puerto Rico have adopted revenge porn laws. However, there is no federal law in place that prohibits revenge porn. Several countries around the world have chosen to adopt revenge porn statutes to protect individuals’ privacy rights and prevent emotional and financial harm. Revenge porn is primarily a large issue for women given that they are overwhelmingly the target.2 Major ramifications can amount to victims who have had …

Leaning Into Chaos (Child’S Health And Online Safety Act): Revision To Ftc’S Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz

Student Journal of Information Privacy Law

A wise author once wrote, “I know, up top you are seeing great sights, but down here at the bottom we, too, should have rights.”1 Dr. Suess not only understood the importance of inspiring children, but believed it was essential to teach children valuable life lessons. As more children continue to stray away from reading as their source of entertainment, children are more likely to become fascinated by the beauty of the internet. Although the internet’s capabilities may positively impact children, there are also adverse effects through the use of the internet’s products, services, and content. Many companies, individuals (such …

The Illinois Biometric Privacy Act: History, Developments, And Adapting Protection For The Future, Margaret M. O'Neil

Student Journal of Information Privacy Law

Biometric technology, used to identify individuals based on their unique, unchangeable attributes such as fingerprints, face prints, and retinas, has grown in use over the last five to ten years as biometrics are incorporated into popular devices and different areas of our lives.1 Today, many people around the world use their face or their thumbprint as a password to unlock their smartphone or complete transactions, and many others use the technology to clock in at work, to see who rang their doorbell at home, or to access secure facilities.

Editorial Board Vol. 1 No. 1 (2023), Hannah Babinski Editor-In-Chief

Student Journal of Information Privacy Law

masthead

Mckay V. Brown, 22-Ap-01 (Blkft. Tr. Ct. App., Aug. 22, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered an appeal in a Probate dispute. However, the Court clarified that the Final Order is not ripe for appeal as the probate has not been finalized. Therefore, the court remanded the case to be heard by the lower court.

Lost: Heritage Stock. The Heritage Property Act And Heritage Conservation In Downtown Halifax, Nova Scotia, Eliza Richardson

Dalhousie Law Journal

This article considers heritage conservation in Halifax, examining the Heritage Property Act and its implementation. As one of the oldest cities in Canada, Halifax, Nova Scotia was graced with an abundance of built heritage. However, historic properties have been disappearing at an alarming rate, with 41 per cent of potential heritage buildings in downtown Halifax, Nova Scotia having been demolished since 2009. This article argues that the current approach to heritage conservation in Halifax is nominally successful but consistently falls short of the spirit in which it was enacted. The Act performs well in specific situations, namely where the owners …

No Pride, All Prejudice: Addressing Lgbtq+ Bias In Capital Punishment Sentencing, Bailey P. Stamp

Lincoln Memorial University Law Review Archive

To this day, members of the LGBTQ+ community face discrimination in criminal sentencing, especially in capital punishment. Far too often, a defendant’s sexuality is used to demonize them to entice juror bias. Because of this, members of the LGBTQ+ community often face harsher sentences than those who are not. To help combat this issue, stricter safeguards must be implemented to help eliminate the discriminatory capital sentencing of defendants who identify as LGBTQ+.

While some classes, such as race and gender, are protected under the Equal Protection Clause of the Fourteenth Amendment, courts have yet to determine whether sexual orientation should …

Vol. 65, No. 01 (August 21, 2023)

Indiana Law Annotated

No abstract provided.

Mmu: 08/21/23–08/27/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar

Journal Articles

A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.