Law Commons^™

Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen Carpenter, Andrew Cowell, Alexis Palmer

Colorado Environmental Law Journal

No abstract provided.

International Language Diplomacy: The United Nations International Decade Of Indigenous Languages, Alesksei Tsykarev

Colorado Environmental Law Journal

No abstract provided.

The Intersection Of Language, Law, And Sovereignty: A Shawnee Perspective, Ben Barnes Chief

Colorado Environmental Law Journal

No abstract provided.

Indigenous Language Leaders: Perspectives On The International Decade Of Indigenous Languages, Justin Neely, Billie Sutton, Richard Kistabish, Rosalyn Lapier

Colorado Environmental Law Journal

No abstract provided.

Computational Linguistics, Language Technologies And The International Decade Of Indigenous Languages: Academic And Community Interactions, Antti Arppe, Mary Hermes, Marie-Odile Junker, Nora Livesay

Colorado Environmental Law Journal

No abstract provided.

Thoughts On The Ethics Of The International Decade Of Indigenous Languages, Wesley Y. Leonard

Colorado Environmental Law Journal

No abstract provided.

Cherokee Identity, National Responsibility, And Global Solidarity: A Tribal Leadership View Of The International Decade Of Indigenous Languages, Chuck Hoskin Jr.

Colorado Environmental Law Journal

No abstract provided.

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short

Northern Illinois Law Review Supplement

This article discusses the current case law and statutory law related to the privacy of information collected by third parties. At times, we see the private sector and law enforcement working together to solve crimes. However, that may not always be a good thing. This article offers a solution to these problems of uncertainty by suggesting a uniform code to regulate the private sector, or, in the alternative, a change to the Fourth Amendment that encompasses a more modern interpretation of the information that law enforcement should have access to.

Vol. 13, No. 2, Spring 2023: Table Of Contents, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Stories From The Negative Spaces: United States V. Thind And The Narrative Of (Non)Whiteness, Joy Kanwar

Mercer Law Review

In the years following September 11, 2001, hate crimes and violent incidents against Sikh people in America rose dramatically. Most of these incidents involved individuals who targeted Sikh people—often men—because of their turbans and beards, which the attackers conflated with their own imagined versions of “9/11 terrorists.” Although the Sikh faith had no relationship to whom these attackers thought they were assaulting, very often someone they believed to be from the Islamic faith, the “visual” told the story—the victim was an outsider, someone who did not belong here and someone who was dangerous for America.

One particularly poignant moment resonated …

Burning Questions: Changing Legal Narratives On Cannabis In Indian Country, Sam J. Carter, Robin M. Rotman

Mercer Law Review

In the not-so-distant past, thoughts of Cannabis legalization in the United States were radical. In the present day, the narratives around Cannabis are changing. The term “present day” affixes this Article to early 2023, a snapshot in time. To understand the current legal narratives surrounding Cannabis, and what they might become in the future, it is important to examine the history of Cannabis law and policy in United States. This Article begins by discussing Cannabis regulation in the United States, from the rise of federal regulation to the gradual deregulation by states with tacit federal consent. The Article then examines …

Surviving Castro-Huerta: The Historical Perseverance Of The Basic Policy Of Worcester V. Georgia Protecting Tribal Autonomy, Notwithstanding One Supreme Court Opinion’S Errant Narrative To The Contrary, John P. Lavelle

Mercer Law Review

Oklahoma v. Castro-Huerta is an unprecedented attack on the autonomy of Native American nations in the United States. The Supreme Court held that Oklahoma had jurisdiction over a crime committed by a non-Indian perpetrator against an Indian victim within the Cherokee Reservation’s boundaries. The decision posits that states presumptively have jurisdiction, concurrent with the federal government, over crimes by non-Indians against Indians in Indian country. But this proposition is at war with a bedrock principle of Indian law, namely, that reservations are essentially “free from state jurisdiction and control,” a policy that “is deeply rooted in the Nation’s history.” That …

The Eleventh Circuit Is The Captain Now: The Discovery Of A Lost Sixteenth-Century French Royal Navy Shipwreck Sails France Into Litigation, Kirsten Ehlers

Mercer Law Review

X marks the spot! The quest of uncovering historic shipwrecks that were lost at sea and recovering their treasures seemed like an exciting movie script until a sixteenth-century shipwreck was discovered off the coast of Cape Canaveral, Florida, in 2016. That finding later caught the attention of the Republic of France (France) when Global Marine Exploration, Inc. (GME) attempted to salvage the shipwreck France believed to be its sovereign property. That ship was the flagship of the 1565 Royal Navy of France Fleet, la Trinité.

Studying The Whole Package: The Implications Of Movement Law For Correctional Policymaking, Steph Pettit

Journal of Law and Policy

The New York State Department of Corrections and Community Supervision 2022 prison package ban placed strict limits on the quantity and quality of care packages that people incarcerated in the state’s prisons can receive. The ban is reflective of the myriad ways in which the movements, associations, and activities of incarcerated individuals are tightly controlled by prison rules and administrative directives. Despite the severe impacts that prison policies have on incarcerated people and their loved ones, neither administrative procedure nor the courts provide significant opportunities for incarcerated people to effectively contest prison policy. State administrative directives are immune to public …

The Impact Of Encryption Technologies On Criminal Investigations In Canada: A Balanced Approach To The 'Going Dark' Problem In Light Of Self-Incrimination And Privacy Considerations, Laura Ellyson

PhD Dissertations

Encryption, a method of concealing information from unwanted eyes, has recently become more prevalent in society, following revelations of massive surveillance conducted by governments and the increasing number of attacks on companies holding their customers’ digitized information. Encryption mechanisms have become more sophisticated and widely used by citizens who wish to keep their personal information private and secure. Conversely, criminals have also been using strong encryption mechanisms to hide their wrongdoing, which has made it harder for law enforcement officials to access evidence. This “going dark” phenomenon has impacted both the seizure of “data at rest” (i.e., data that is …

Law's Credibility Problem, Julia Simon-Kerr

Washington Law Review

Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic definitional level in their use of the category.

Consider a real-world example. An immigration judge denies asylum despite the applicant’s plausible and unrefuted account of persecution in their country of origin. The applicant appeals, pointing to the fact that Congress enacted a “rebuttable presumption of credibility” for asylum-seekers “on appeal.” …

Digashu And Another V Grn And Others; Seiler-Lilles And Another V Grn And Others (Sa 6/2022; Sa 7/2022) [2023] Nasc 14 (16 May 2023), Dunia P. Zongwe

SAIPAR Case Review

This controversy is about a powerful court that sided with a noble cause but that nonetheless decided the case so clumsily that it strengthened the adversaries’ otherwise weak counterarguments. In the groundbreaking Digashu case, the Supreme Court of Namibia recognized same-sex marriages contracted abroad. However, this decision relied so heavily on European and North American jurisprudence that it unintentionally fuels the impression and the accusations of those who claim that such recognition imposes Western values on the Namibian people. Moreover, in its efforts to recognize same-sex marriages, the Namibian apex court sacrificed the accuracy of its analysis by grossly distorting …

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa

Indonesia Law Review

This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal …

Examining The Principle Of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In The Corruption Case Nizzadro Fabio, Simplexius Asa

Indonesia Law Review

This study was designed as a normative research based on documentary research while the data is analyzed based on the court decisions and is presented in a qualitative descriptive manner, aiming to find out the essential meaning of the teachings of ignorantia facti excusat, ignorantia iuris non excusat, and to knowing the implementation of the principles of ignorantia facti excusat, ignorantia iuris non excusat. This is in the regulations and judicial practice in Indonesia through the views of the judges in decision Number 20/Pid.Sus-TPK/2022/PN. Kpg. The study found three main conclusions, namely first, the principle of ignorantia facti …

Why Indiana Harbor Is The Worst Torts Decision In American History, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

Integrating Doctrine And Diversity Speaker Series: Responding To Classroom Controversy, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Common Law Inside Social Media, Anita Bernstein

Faculty Scholarship

No abstract provided.

Digital Privacy For Reproductive Choice In The Post-Roe Era, Aziz Z. Huq, Rebecca Wexler

Faculty Scholarship

The overruling of Roe v. Wade has unleashed a torrent of regulatory and punitive activity restricting previously lawful reproductive options. But the turn to the expansive criminal law and new schemes of civil liability creates novel concerns, quite distinct from the pre-Roe landscape a half-century ago. Reproductive choice, and its nemesis, turn upon information. For pregnant people, deciding on a choice of medical care entails a search for advice and services. Information is at a pre­mium for them. Meanwhile, efforts to regulate abortion began with clinic closings. But they will quickly extend to civil actions and criminal indictments of patients, …

Trends In China-Africa Economic Relations And Dispute Settlement, Won Kidane

Faculty Publications

The rapid rise in the last two decades of China-Africa economic interactions in trade, investment, construction projects, and loans require sustained inquiry into the substantive rules of engagement and mechanisms of dispute settlement. Evidently, however, it would quickly emerge that the improvements in supranational legal frameworks have not kept pace with the growing scale and complexity of the economic interactions. While trade relations between China and Africa are theoretically subject to the same multilateral World Trade Organization (WTO) rules, they are in practice mostly based on informal unilateral concessions. Moreover, investment relations are partially governed by fragmented and mostly outdated …

Acknowledgements, Matthew L. Brock

University of Richmond Law Review

Each year, in a tradition dating back twenty-three years to Volume 33, the Editor-in-Chief of the University of Richmond Law Review authors acknowledgements to be included in their volume’s final publication. In keeping with tradition, I offer below my gratitude to those who have contributed to this publication and to the overall success of the Law Review, and reflect upon the fifty-seventh volume of our journal.

Do College Students Have A Lack Of Awareness Around Human Trafficking?, Tessa Cavender

Undergraduate Honors Theses

Human Trafficking is an epidemic around the world, but if you ask the average person, they know little more than what is shown in media. To try to understand this, we asked the questions of whether college students also have a lack of awareness around trafficking, and if so, is education the best way to fix this? Our literature review found many professions, such as healthcare and K-12 education, are pushing for human trafficking curriculums to be implemented in their fields. To determine if this method would be effective on a college campus, five college students were interviewed to determine …

Governance Seams, Brett Frischmann, Paul Ohm

Faculty Publications

This Essay formalizes the concept of governance seams and develops theories for what they enable; how they arise; why they are some- times dismantled; and how, why, and when regulators might step in to protect endangered governance seams or to create new ones. Governance seams are socially constructed boundaries, borders, and interfaces that harness friction-in-design to enable governance. Governance seams mediate interactions among components of sociotechnical systems and between different parties and contexts. Delineating boundaries, borders, and interfaces as loci of transparency, coordination, and oversight supports mechanisms for deliberation, contestation, and protection, both by those within and those outside the …