Law Commons^™

Predicting The Enforceability Of Browse-Wrap Agreements In Ohio, Sam S. Han

Ohio Northern University Law Review

No abstract provided.

The Congress Within The Congress: How Tax Expenditures Distort Our Budget And Our Political Processes, Edward D. Kleinbard

Ohio Northern University Law Review

No abstract provided.

Supreme Court Cases That Persist: The Japanese American Cases, Louis Fisher

William & Mary Law Review Online

As with any human institution, the United States Supreme Court makes errors that, over a period of time, need correction. By focusing on the Japanese American cases, Hirabayashi (1943) and Korematsu (1944), the record is particularly remarkable. Over many decades the Supreme Court had abundant evidence that the two decisions were defective. It was not until June 26, 2018, in Trump v. Hawaii, that the Supreme Court announced that “Korematsu was gravely wrong the day it was decided.” If Korematsu was that deficient, why did it take the Court seventy-four years to admit it? Moreover, what about Hirabayashi? The decision …

Table Of Belonging: Exploring Social Reversal At St. Paul's Episcopal Church, Natalie Magnusson

DMin Project Theses

This January 2023 Doctor of Ministry project thesis at Lipscomb University explores the problem of a predominantly white, affluent Episcopal congregation confessing racial justice as a shared value while struggling to embody that conviction. The project pursues the following research question: How might a congregation of the most historically powerful, prominent, and affluent church in the U.S. imagine its life in the Jackson, MI community in light of Luke 14 and encounters with people who experience racial injustice? In the theological chapter, the Tower of Babel narrative in Genesis 11 and the Pentecost narrative in Acts 2 serve as interpretive …

Analysis Of The Impact Of Halal Certificate On The Performance Of Micro And Small Enterprises (Smes) With The Propensity Score Matching (Psm) Method, Gina Rhamdina Akbar, Ibrahim Kholilul Rohman

Journal of Strategic and Global Studies

The government passed Undang Undang No. 33, 2014 concerning Halal Product Guarantee (UUJPH) as a mandatory halal regulation in the hope of realizing protection for Muslim consumers and to provide added value for SMEs. However, until 2019, only 1% of SMEs have been certified halal (MUI, 2021). Therefore, it is important to know the impact of halal certificates on the performance of SMEs. Researchers compared the performance of SMEs that are halal certified with SMEs that have not been halal certified using quantitative research designs with the Propensity Score Matching (PSM) method. The PSM method can balance or equalize groups …

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …

Impact Of Social Media  On Public Perception Of Government Covid-19 Response Efforts, Taher Taher

Theses and Dissertations

This research aims to understand this phenomenon to provide insights into how governments can perform better in times of crisis regarding social media and its impact on public opinion. This research aims to understand how social media impacts public perception of government COVID-19 response efforts by studying Facebook comments, likes, and reactions (emoticons).

The study was based on data gathered from Facebook comments on the daily infographic COVID-19 statistics from the official site of the Ministry of Health and Population. The sampling frame is the 52 weeks of 2020, January to December, through random sampling resulting in 546 comments. The …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

Interested Voting, Matteo Gatti

BYU Law Review

Corporate law is attentive to transactions with a controlling shareholder, but such transactions hardly cover all instances in which an interested shareholder may harm the corporation by casting a pivotal vote to pass a resolution. Interested votes cast by directors, managers, acquirers, cross-holders, arbitrageurs, institutional investors, hedge funds, and several other actors can be as detrimental as votes by a controlling shareholder. Yet, despite the ever growing influence of shareholders in corporate governance, interested voting has received scant attention.

This Article is the first to offer a systematic mapping of interested voting based on type of shareholder and type of …

A Basic Needs Baseline For Distributional Analysis, Ari Glogower

BYU Law Review

Studies of income inequality and the distributive effects of taxes and government spending drive debates over progressive fiscal reform and economic justice. These distributional studies provide vital information on inequality in market outcomes and how government policies mitigate these disparities.

Despite its critical importance, however, distributional analysis encounters inevitable and familiar limitations. These studies face practical challenges in measuring income and the distributional impacts of government policies. Distributional analysis also faces inherent complications in seeking to distinguish between the effects of the market and the government.

Even if distributional analysis could precisely measure income and the effects of government policies, …

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …

The Federalist And The Fourteenth Amendment — Publius In Antebellum Public Debate 1788–1860, Kurt T. Lash

BYU Law Review

No abstract provided.

The Unconstitutional Assertion Of Inherent Powers In Multidistrict Litigations, Robert J. Pushaw, Charles Silver

BYU Law Review

This Article examines the constitutional basis of the federal courts’ independent exercise of “inherent powers” (IPs) that Congress has not specifically authorized. Our analysis illuminates the grave constitutional problems raised by the freewheeling assertion of IPs in multidistrict litigations (MDLs), which comprise over half of all pending federal cases.

The Supreme Court has rhetorically acknowledged that the Constitution allows resort to IPs only when doing so is absolutely necessary to enable Article III courts to exercise their “judicial power,” but has then sustained virtually all exercises of IP, whether essential or not. The Court’s excessive deference has emboldened trial judges …

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore

BYU Law Review

No abstract provided.

Remand Without Vacatur And The Ab Initio Invalidity Of Unlawful Regulations In Administrative Law, John Harrison

BYU Law Review

An important administrative law doctrine developed by the lower federal courts called remand without vacatur rests on a mistaken premise. Courts that embrace the doctrine maintain that when they find that a federal agency regulation is unlawful, they have discretion to remand the regulation without vacating it. The remand gives the regulatory agency an opportunity to correct the flaws that render the regulation unlawful. When a regulation is remanded but not vacated, the courts assume the regulation binds regulated parties despite its illegality. Unlawful regulations, however, are in general void ab initio, just as unconstitutional statutory rules are void ab …

The Constitutional Model Of Mootness, Tyler B. Lindley

BYU Law Review

Article III limits the federal courts to deciding cases and controversies, and this limitation has given rise to the black-letter law of standing, ripeness, and mootness. But the law of mootness presents a puzzle: Over time, the Court has recognized various "exceptions" to ordinary mootness rules, allowing federal courts to hear arguably moot cases. On one hand, the Court consistently asserts that mootness doctrine, including its exceptions, is compelled by the original understanding of Article III. On the other hand, the scholarly consensus is that these exceptions are logically inconsistent with the Court s claims about Article III and that …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

BYU Law Review

This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …

Osha’S Covid-19 Vaccine Mandate: Why Justice Gorsuch’S Analysis Of The Mandate As An Elephant In A Mousehole Misses The Mark, Wyatt Rex Allred

BYU Law Review

Administrative law doctrines such as Chevron seek to strike a balance between adequate delegated power and sufficient checks on such power. The major questions doctrine reinforces the latter. Recent decisions finding major questions, however, have shown a departure from textualist principles, which formed the doctrine s foundation. Justice Gorsuch's opinion in NFIB v. OSHA is an example of this desertion of textualist principles and should thus be viewed as an improper application of the major questions doctrine. Rather than remodeling the major questions doctrine, textualist judges should acknowledge that this form of anti-textual analysis is nothing short of a revival …

Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson

BYU Law Review

Affluent taxpayers often create one or more grantor trusts to achieve significant tax savings. By leveraging mismatches in the rules between the income and estate tax systems, these taxpayers avoid the compressed income tax brackets of trusts while minimizing the property that is included in their estates for estate tax purposes. Some commentators have argued that reform is needed to remove such mismatches. Yet, trusts that rely on the current grantor trust rules abound.

This Note (1) provides a background and history of the rules and use of grantor trusts, (2) argues that harmonizing the estate and income tax systems …

Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk, Duncad Card

Canadian Journal of Law and Technology

North America’s critical infrastructure has been the subject of cyber-attack, in various cycles of activity, for many years. In March of 2017, a cyber-attack caused periodic ‘‘blind-spots” for electricity distribution grid operators in the Western US for about 10 dangerous hours. In May of this year, there was panic at the gas pumps across many States in southeastern United States, which has been attributed to a cyber-attack on a major US pipeline that disrupted fuel supplies to the US East coast. US Commerce Secretary Raimondo soon after that attack announced that those sorts of attacks are becoming more frequent and …

Exploring The Implementation Challenges And Achievements Of The 2016 Civil Service Law In Egypt: A Study, Nahla Tarek

Theses and Dissertations

The American University in Cairo

School of Global Affairs and Public Policy

Department of Public Policy and Administration

Abstract

This study aims to understand the implementation challenges and achievements of the Egyptian Civil Service Law (CSL), particularly in the areas of appointments, organizational structure, creation of the new position “permanent secretary” in government institutions, and the provision of incentives arrangement. In order to achieve the research aim, the study employed the qualitative methodology to gather data by performing semi-structured interviews with civil servants of different grades and positions. The interviewees collectively painted a holistic picture of how the CSL is …

The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala

Theses and Dissertations

The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab

Theses and Dissertations

Inspired by Koskenniemi’s work, From Apology to Utopia, this paper attempts to engage in the discussion on the legality of autonomous weapons by showing the conflicting arguments presented by advocates of each side of the debate. The paper does not aim at finding the answer to whether autonomous weapons can be lawfully deployed or not, but rather its main interest is to highlight the indeterminacy within international law that allows both advocates and opponents of banning autonomous weapons to hold to their arguments and legally defend them on basis of the same legal rules used by their adversaries to refute …

Copyright Throughout A Creative Ai Pipeline, Sancho Mccann

Canadian Journal of Law and Technology

Consider the following fact pattern.

Alex paints some original works on canvas and posts photos of them online. Becca downloads those images and uses them to train an AI (training configures the AI’s model parameters to useful values). Becca posts the resulting trained parameter values on her website under a license that reserves to Becca the right to use the parameters commercially. Cory uses those parameter values in a program that is designed to produce artwork. Cory clicks create and the program produces a work. This work is new to Cory, but it looks a lot like one of Alex’s …

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

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Vol. 64, No. 03 (January 30, 2023)

Indiana Law Annotated

No abstract provided.

Mmu: 01/30/23–02/05/23, Student Bar Association

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1L of the Week: Annad Khraisat

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Sport Report by Stephen Nugent

Jakim's Corner

State Of Utah Plaintiff - Petitioner, V. Alfonso Valdez, Defendant - Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals

EMILY ADAMS, FREYJA JOHNSON, Counsel for Respondent

CHRISTOPHER A. BATES, SEAN D. REYES, MELISSA A. HOLYOAK, ANDREW F. PETERSON, Counsel for Petitioner

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …