Law Commons^™

The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider

Journal of Legislation

In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …

Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz

Journal of Legislation

Just three pages of legislative text was enough for the United States to embark on the one of the grandest engineering feats of all time. This Article examines the history, policies, and processes that led to the passage of the Panama Canal Purchase Act of 1902. Beginning and ending with civil wars in Latin America, this Article tells the story of how foreign affairs influence Washington, D.C., and vice versa. It follows closely a rotating cast of characters seeking fame and fortune who resorted to any lengths to achieve them. It winds through stories of revolutions, corruption, pirates, and cutthroat …

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.

Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.

Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann

SLU Law Journal Online

The recent Supreme Court decision of Dobbs v. Jackson Women's Health Organization raises many questions regarding the privacy of health data. In this article, Melissa Mann discusses some concerns that may arise with the use health applications to track personal data and potential privacy laws that could be enacted to protect these users.

How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan

SLU Law Journal Online

The rise of technology brought an increase in the number of "knockoff" fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.

Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi

Journal of Legislation

The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools—publicly-funded schools with the freedom to develop innovative practices—offered an opportunity to address the education system’s resistance to change. The hope was that charter schools could serve as laboratories of innovation for new school models that traditional public schools across the country could later adopt.

Despite these good intentions, the charter school movement has not resulted in the change early advocates hoped for. Charter schools often recycle old practices instead of experimenting with new ones. And when a charter school does develop a successful …

Table Of Contents

Journal of Legislation

No abstract provided.

A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose

Journal of Legislation

No abstract provided.

Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning

Journal of Legislation

No abstract provided.

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second Judicial District Court of Davis County The Honorable David J. Williams, Case No. 174700031

Bart J. Johnsen, Alan S. Mouritsen, Attorneys for Appellant Tara Hillam, Julie J. Nelson, Attorneys for Appellee John Hillam

Joshua L. Lee, Attorneys for Appellee Dustin Hancock

Security-Enhanced Serial Communications, John White, Alexander Beall, Joseph Maurio, Dane Fichter, Dr. Matthew Davis, Dr. Zachary Birnbaum

Military Cyber Affairs

Industrial Control Systems (ICS) are widely used by critical infrastructure and are ubiquitous in numerous industries including telecommunications, petrochemical, and manufacturing. ICS are at a high risk of cyber attack given their internet accessibility, inherent lack of security, deployment timelines, and criticality. A unique challenge in ICS security is the prevalence of serial communication buses and other non-TCP/IP communications protocols. The communication protocols used within serial buses often lack authentication and integrity protections, leaving them vulnerable to spoofing and replay attacks. The bandwidth constraints and prevalence of legacy hardware in these systems prevent the use of modern message authentication and …

College Professors As Servant Leaders: Promoting Student Dignity In The Classroom, Garfield R. Benjamin

Journal of Vincentian Social Action

The COVID-19 pandemic brought great disparities to society as a whole. In the education sector, teachers were forced to deliver content while exploring new ways to do so through new or unfamiliar technologies, working in various modalities, while keeping students engaged. This change called for instructors to be flexible, be aware, have empathy, have foresight, build community, communicate, and care for students in this new, mostly virtual, environment. This research explores the idea of college educators as servant leaders by examining definitions of servant leadership, exploring how a servant leader empowers those they lead in times of crisis, examining implications …

Servant Leadership: A Powerful Paradigm For Effective Leadership In Africa, Franklin Ezeorah

Journal of Vincentian Social Action

Lack of good leadership is the greatest undoing of African progress. Unfortunately, good leadership for Africans is not just mirroring the western leadership system but adapting to a style of leadership that is attractive to African people’s way of life and effective for African people’s development and wellbeing. Because leadership is a crucial determining factor for the success of all economic, political, and organizational structures, determining an essential leadership style for a nation-state largely depends on how suitable the style can fit into the complex challenges facing such a nation-state. Considering the viability and profitability of the servant leadership style …

To Protect And To Serve: Community Policing And Servant Leadership Through The Lens Of A Lieutenant Of 25 Years In A Nj Police Precinct, Tara Deworsop

Journal of Vincentian Social Action

Police play a vital role in protecting communities and holding accountable those who have committed violent and property offenses. At the heart of this are the acts of protecting and serving the individuals that make up those communities.

This paper looks at how police officers interact, protect and serve the communities within which they work today. The history of policing and the way police officers are prepared to interact with the public are important. Servant leadership combined with community policing has the potential to create a positive impact that will have a ripple effect.

Using the example of a police …

Servant Leadership And Student-Worker Satisfaction, Shweta Sinha

Journal of Vincentian Social Action

There are several studies that show that the COVID-19 pandemic has led to immense physical and mental health distress. Not only did it impact people’s health but it posed a threat to their financial and professional security. The pandemic, in addition to the several socio-economic challenges, resulted in the restructuring of the corporate work environment. It gave rise to work-from-home culture which eventually became the preferred mode of work for many people. However, companies eventually started calling people back into work reducing the flexibility in schedule that was previously available to employees working from home. As a result, the post-pandemic …

Spirituality Of The Servant Leader, Sally Duffy

Journal of Vincentian Social Action

Reflecting on the words and lived actions of philosophers, theologians and others in the Catholic tradition can inform the Spirituality of a Servant Leader. Thoughtful considerations of the crucified today and personal examination of reader towards systems and structures of oppression should inform those in leadership. Members and alumni of a Vincentian university must recall and embody the leadership styles of Jesus Christ and St. Vincent De Paul in their own places of influence to make for a more just and righteous global society. A Vincentian education calls leaders to holistic care of those they lead coupled with radical principles …

Servant Leadership In Catholic Institutions Of Higher Education, Margaret M. Fitzpatrick

Journal of Vincentian Social Action

Catholic institutions of higher learning are charged with the formation of a significant number of privileged students, who received an advanced degree worldwide. All colleges and universities of Catholic identity, especially its presidents and leadership, would gain to reflect on servant leadership from a Vincentian perspective, What must be done? How must it be done? A Catholic college creates a faith-filled climate where the presence of the Spirit deepens the communion with the entire community, city, state, and beyond. A growing leadership philosophy is based on Greenleaf’s Servant Leadership, where the behaviors and practices emphasize the well-being of those being …

Servant Leadership In The Workplace, Joseph D'Mello

Journal of Vincentian Social Action

Starting from the definition of leadership in general, this work traces servant leadership in particular from its ancient roots to today’s business organizations and argues that the lacuna in organizational servant leadership is likely to be addressed by the growing existential and competitive imperative for organizations to undertake agile transformations.

Centering Those On The Periphery: Mother Teresa As Exemplar Of Catholic Social Thought (Cst) And Social Work Core Commitments To Dignity, Service, And Justice, Anthony Nicotera, Dawn Apgar, Ines Murzaku

Journal of Vincentian Social Action

The literature is void of scholarship on the integration of Catholic Social Thought (CST) and social work. While social work has been historically devoted to helping those who are marginalized and oppressed and recognizes the impact of religion/spirituality on those served, there are almost no articles published that link CST and social work pedagogy and practice. This article identifies why there is a natural fit between CST and social work values. Mother Teresa is presented as an exemplar of CST in action and an inspiration for further integration of CST into social work education. This integration is needed to help …

Robert Greenleaf: Changing Management To Change Society, Riccardo Colasanti

Journal of Vincentian Social Action

This paper is a critique of the thought provoking, if not problematic, ideas presented in Robert Greenleaf’s pamphlet, The Servant as Leader (Greenleaf, 2008) which appeared in print in the 1970’s. This text constituted the seminal work upon which a progressive, transformational movement was created in the training of management cadres in North American companies, with the transition of the concept of a “leader boss” to that of “leader as a servant”. The limits of Greenleaf’s servant leadership model are tested against the capitalist society within which we live and found contradictory, but no less inspiring in its attempt to …

Servant Leadership And Ten Supporting Attitudes, Larry W. Boone

Journal of Vincentian Social Action

The popular concept of servant leadership is discussed as are the characteristics of servant leaders and the relationships between the servant leader approach and power usage and service. Servant leadership is compared and contrasted to several other common leadership styles. Ten attitudes that support and facilitate servant leadership behaviors are identified from the leadership literature. Leadership practices that flow from these attitudes are examined. Emphasis is placed on the supportive, enabling work environment created by servant leaders.

Ministrare Non Ministrari: Urgently Needed Servant Leaders, Basilio G. Monteiro

Journal of Vincentian Social Action

No abstract provided.

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Journal of Vincentian Social Action

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Editors

Journal of Vincentian Social Action

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Journal of Vincentian Social Action

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A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius

Journal of Legislation

No abstract provided.

Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.

Journal of Legislation

The film Oh Brother, Where Art Thou ironically illustrates two points that are relevant in in the context of copyright law within the music industry. First, it displays the strength of radio play on new artists’ lives, careers, and incomes, which was crucial for bluegrass and string-band artist. Second, the film highlights the distinction between the sound-recording copy-holder’s exclusive right to publicly perform their copyrighted sound recording live and the absence of any such right concerning terrestrial radio broadcasts. The absence of a public-performance right for broadcasts of copyrighted sound recordings by terrestrial radio stations (and the resulting non-incurrence of …