Law Commons^™

Releasing The Caged Bird: A Case For Twitter As A Common Carrier, Marquis C. Stepteau

UC Irvine Law Review

Social media platforms have become influential in shaping public discourse. These digital platforms have established new modes of communication that enable individuals from different ethnic, political, and racial backgrounds to come together and discuss contentious issues in online public forums. Yet, as these platforms continue to grow, their unfettered control over online speech increases. Legal scholars and Supreme Court Justices have examined these platforms’ control over speech, putting forth various legal theories to combat censorial practices, but have not agreed upon a solution.

To provide a legal framework for legal scholars and courts to consider, this Note will look deeper …

Ask Me Anything: Academic Success + 1l Tech Summer Internships, Cardozo Women In Tech Law

Flyers 2023-2024

No abstract provided.

Prosecutors, Race, And The Criminal Pipeline, Hannah Shaffer

University of Chicago Law Review

This Article presents evidence that some state prosecutors use their discretion to reduce racial disparities in criminal sentences. This finding challenges the prevailing view that prosecutors compound disparities. Given prosecutors’ positions as mediators in a sequential system, this Article analyzes how prosecutors respond to disparities they inherit from the past—and interprets their impacts in light of the accumulated disparities that already exist when they first open their case files. Specifically, I estimate how the sentencing penalty for prior convictions differs by defendant race using North Carolina state court records from 2010 to 2019. I find that the increase in the …

Achieving Appropriate Relief For Religious Freedom Violations In Prisons After Tanzin, Bethany Ao

University of Chicago Law Review

In the 1990s, Congress passed the Prisoner Litigation Reform Act (PLRA) to decrease frivolous prisoner litigation. One PLRA provision that was aimed at accomplishing that goal is § 1997e(e), which states that no prisoner can bring a federal civil action for mental or emotional injury without a showing of an accompanying physical injury. This provision has created a circuit split over whether prisoners who suffer a violation of their Free Exercise rights under the First Amendment can re- cover compensatory damages. If the split is left unresolved, it will lead to a troubling lack of uniformity in the law for …

Coaching And Laissez-Faire Leadership Styles, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

Editor Dr. Michelle C. Dziurgot discusses the differences between coaching and laissez-faire leadership styles in dentistry. Coaching leaders motivate and educate their team members, fostering collaboration and improvement. In contrast, laissez-faire leaders take a more hands-off approach, allowing team members to make decisions independently. The author, a dentist, describes how she combines both styles in her practice, emphasizing the importance of educating and coaching team members while allowing them to take ownership of their roles. The editorial highlights the need for patient engagement in oral health care and the importance of coaching patients to take an active role in their …

The Back Page Commentary: Let’S Talk About The Real World, Danielle Gehlert Dds

The Journal of the Michigan Dental Association

Dr. Danielle Gehlert, a private practitioner, writes that in the realm of continuing education for dental professionals, there's a need for a shift in focus from idealized, "sexy" cases to real-world patient scenarios. This commentary calls for seminars and programs emphasizing long-term restorative planning, including successes and failures. The practical considerations of patient financial limitations and willingness to engage in dental care must be integral to treatment plans. Real-world cases should reflect the diverse situations dental practitioners encounter and the ethical responsibility to provide affordable and effective treatment options.

The Conclusions Of Sccr 44, Sean Flynn

Joint PIJIP/TLS Research Paper Series

Last week, the World Intellectual Property Organization’s Standing Committee on Copyright and related Rights (SCCR) held its 44th meeting where substantial progress was made in protecting public interest issues within the two major standing items of the agenda -- on the Broadcast Treaty and on Limitations and Exceptions. This document summarizes the decisions made at the meeting as recorded in the Chair’s Summary.

Regulation Priorities For Artificial Intelligence Foundation Models, Matthew R. Gaske

Vanderbilt Journal of Entertainment & Technology Law

This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a regulatory scheme can prioritize only two of three aims when considering AI oversight: (1) promoting innovation, (2) mitigating systemic risk, and (3) providing clear regulatory requirements. Specifically, this Article expressly connects legal scholarship to research in other fields focusing on foundation model AI systems and explores this kind of system’s implications for regulation priorities from the geopolitical and …

Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield

Vanderbilt Journal of Entertainment & Technology Law

As the COVID-19 pandemic forced both public K-12 and higher education institutions to transition to exclusively provide remote education, students’ homes and personal lives were exposed to the government like never before. Zoom classes and remote proctoring were suddenly the norm. Students and their families scrambled to create appropriate offices and classroom spaces in their homes, and many awkward and invasive scenarios soon followed. While many may have been harmlessly captured on camera, like classes that witness a student’s family eating lunch in the background or a dog on the couch, even these harmless instances have insidious implications for the …

Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Afra Afsharipour, Matthew Jennejohn

University of Chicago Law Review

Law develops through collective effort. A single judge may write a judicial opinion, but only after an (often large) group of lawyers chooses litigation strategies, crafts arguments, and presents their positions. Despite their important role in the legal process, these networks of lawyers are almost uniformly overlooked in legal scholarship—a black box in a discipline otherwise obsessed with institutional detail.

This Article focuses on a particularly crucial way that the structure of professional networks may shape the path of the law. Prior qualitative research suggests that networks are an important source of information, mentoring, and opportunity, and that those social …

New Life For The Unlawful Inclosures Act: Immunizing Corner-Crossers From State Trespass Actionew Life For The Unlawful Inclosures Act: Immunizing Corner-Crossers From State Trespass Actions, Burke Snowden

University of Chicago Law Review

In many parts of the rural western United States, the land is divided into rectangular parcels that alternate between private and public ownership, so as to resemble a checkerboard. Some of those public parcels are “corner-locked,” meaning that they meet other public parcels only at a corner. It is technically not possible to access corner-locked parcels without at least briefly hovering over a private parcel, which constitutes trespass on the private parcel under the ad coelum doctrine.

Since the COVID-19 pandemic has increased demand for outdoor tourism, more people have been endeavoring to reach the public parcels by “corner-crossing” from …

Navigating The Bead Weeds - Project Areas - November 2023, New York Law School

Reports and Resources

No abstract provided.

Dei Newsletter 2023 Issue 2, University Of Maine School Of Law

DEI Newsletter

• Voter Registration Day event
• Day of Service event
• Access to Justice event
• MSBA’s BIPOC Lawyers section event
• National Celebration of Pro Bono
• Bar Association opportunities
• Meet the student representatives to the DEI Committee
• Check out upcoming networking and community-building events

التنظيم القانوني للرهن التأميني للمركبات في القانون الإماراتي, عبيد محمد الكعبي

Theses

Legal Regulation of Insurance Mortgage for The Vehicles in UAE Law

The mortgage that applies to vehicles is the insurance mortgage, because of the special nature movables have the property of self-identification, which leads to apply the registration rule on the ownership deed. The insurance mortgage is concluded between the mortgagee, who is the creditor, and the mortgager, who is either the debtor himself or someone else (the in-kind guarantor). In order for this contract to be validly concluded, it must fulfill all its elements and conditions. The objective conditions stipulated in the general rules for concluding contracts must be …

جريمة إيداع أو تحويل الأموال بقصد التعاطي أو الاستعمال الشخصي للمواد المخدرة والمؤثرات العقلية في القانون الإماراتي (دراسة تحليلية تطبيقية), مريم محمود حبيب

Theses

The crime of Depositing or Transferring Funds with the Intention of Using or Personally Using Narcotic Drugs and Psychotropic Substances in UAE law (Applied Analytical Study)

Criminal elements seek to take advantage of the benefits of using the Internet and communication programs, especially with its confidential nature and the difficulty of tracking its users, which allows its users to achieve direct criminal activities without being caught or being held legally accountable. The misuse of technology has posed a threat to our societies and has been accompanied by the emergence of many negatives and positivity; in addition to a lot of …

المستقبل القانوني لتكنولوجيا التطبيب عن بعد, إيمان محمد الكلباني

Dissertations

The Legal Future Of Telemedicine Technology

Over the past few years, the field of information and communication technologies (ICT) has experienced remarkable advancements that have brought about significant revolutions in various aspects of public life. One notable area that has been greatly influenced by these advancements is telemedicine. Telemedicine has had a profound impact on interpersonal relationships and the supply of medical services in both developed areas and remote. What sets telemedicine apart from traditional hospital healthcare is its ability to bridge the gap between doctors and patients without the need for physical proximity. However, the implementation of telemedicine in …

دور النيابة العامة في إنهاء الدعوى الجزائية دون محاكمة "دراسة في قانون الإجراءات الجزائية الاتحادي والقوانين الجزائية الخاصة", حمید جمعه الدرمكي

Dissertations

The Public Prosecutions Role in Closing Criminal Cases without Litigation “A Study of the Federal Criminal Procedures Law and Special Criminal Laws”

The dissertation highlights the role of the public prosecution in solving criminal lawsuits without a judicial ruling, by the procedures it takes either by dismissal of action at the evidence collection stage or by issuing a criminal case dismissal order at the initial investigation stage. This can also be done through a penal order in some crimes. Though this latter option gives the public prosecution the jurisdiction to adjudicate on some criminal cases, though this jurisdiction …

Remembering A Giant—Alex Tallchief Skibine, Elizabeth A. Kronk Warner

Utah Law Review

On February 4, 2023, the world lost a legal giant, as Professor Alex Tallchief Skibine passed away following a battle with an aggressive form of brain cancer. Professor Skibine’s passing was an enormous loss for both our S.J. Quinney College of Law community and the field of Indian Law. Professor Skibine was intellectually curious, funny, and always kind––truly a pillar of our SJQ Law community. I am delighted that this issue of the Utah Law Review is dedicated to his memory.

The Possible Futures Of American Democracy, Jedediah Purdy

Utah Law Review

Everyone worries about democracy, although not everyone pauses to say what they mean by it. A New York Times poll shortly before the last election found that large shares of voters in both parties feared for democracy, although they didn’t fear the same things. In the run-up to the 2020 presidential election, about ninety percent of partisan voters said the country would suffer serious damage if the other guy won2; they presumably didn’t have quite the same worries. Pollsters ask people whether they expect political violence in future elections, and voters respond that they do. Bookstores have been full of …

Tribal Cannabis Agriculture Law, Ryan B. Stoa

Utah Law Review

Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it?

This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have some authority to determine the legality of cannabis cultivation on their lands, and to create rules and regulations governing that practice. However, this freedom is nascent and inconsistently granted by the federal government. In addition, the legal frameworks tribes are developing with respect to cannabis agriculture are …

Historic Tensions Involving International Intellectual Property Protection Of Medical Technology With Disastrous Public Health Consequences, Srividhya Ragavan, Swaraj Paul Barooah

Faculty Scholarship

Historic tensions have pervaded the alliance of intellectual property's ill-fated accord with trade. The intersections of the alliance have impacted access to medical technologies resulting in plaguing public health with disastrous consequences in select parts of the globe, the first of which was perhaps most notably seen during the HIV-AIDS crisis at the turn of the century. At this time, WTO’s sacrosanct norms from the accord between trade and intellectual property rights essentially force African countries to choose between international trade sanctions, and saving thousands of lives by allowing exceptions to patent rights. While much has been written about global …

Judicial Backgrounds Influence The Standard Of Review, Kira L. Klatchko, Quinn A.W. Keefer

University of the Pacific Law Review

No abstract provided.

Shielding Crime Victims From The Witness Exclusion Rule's Sword: Amending California's Constitution To Protect Crime Victim-Witnesses' Right To Be Present, Kathryn Merrill

University of the Pacific Law Review

No abstract provided.

California’S Care Act: A Step Forward For Mental Healthcare, Or A Step Back For Individual Liberties?, Tooba Naveed

University of the Pacific Law Review

No abstract provided.

How An Amended Right To Education Could Meaningfully Improve California's Classrooms, Abigail Palmquist

University of the Pacific Law Review

No abstract provided.

Patrolling For Police Disguised As Cultural Experts: California’S Opportunity To Dissolve The Expert Admissibility Double Standard And Restore Due Process, Madison Sykes

University of the Pacific Law Review

No abstract provided.

Not So Obvious: Patent Examiners Need Advanced Tools To Support United States Innovation, Steve Zelezny

University of the Pacific Law Review

No abstract provided.

Staff Matters: How Can We Be More Creative With Our Benefits?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As open enrollment for health benefits approaches, this column discusses creative and cost-effective benefit offerings to attract and retain employees. The focus is on innovative benefits beyond traditional health, life insurance, and retirement plans. Suggestions include pet insurance, paid volunteer time, lunch and learn sessions, and flexible scheduling to accommodate employees' needs, particularly working parents and those with caregiving responsibilities. The importance of seeking employee input in benefit planning is emphasized for discovering practical, employee-desired options.

U-M’S Sindecuse Museum Of Dentistry: A Treasure In Our Own Backyard, Tamara Barnes

The Journal of the Michigan Dental Association

Discover the University of Michigan's Gordon H. Sindecuse Museum of Dentistry, a captivating journey through dental history. Founded in 1992 with contributions from Dr. Gordon Sindecuse, a 1921 dental school graduate, this museum offers a treasure trove of over 15,000 artifacts from the 18th to the 21st century. The main exhibits depict the evolution of dentistry from its humble origins, showcasing groundbreaking innovations, including electrification, anesthesia, and dental hygiene. Special exhibits explore dental practices' social and cultural aspects, such as teeth modifications for self-expression. The museum embraces technology with QR codes and offers diverse programming, making it an educational and …

Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters

Faculty Scholarship

Managerial governance is often operationalized through outsourcing the regulatory function from public institutions—for example, administrative agencies—to private organizations. In virtually any sector, it is possible to identify private “regulatory intermediaries” that step between public agencies and regulated parties to perform tasks traditionally played by government actors—for example, the development of regulatory standards, auditing, compliance assurance, enforcement, and more. Although this reliance on private regulatory intermediaries may in some cases be highly advantageous to government institutions since it may sometimes allow government agencies to do more regulatory work than their own resources and capacity might allow—it comes at significant costs of …