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Articles 3751 - 3780 of 559861
Full-Text Articles in Law
Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law
Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law
Today at Cardozo 2023
No abstract provided.
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Event Invitations 2023
Illiberalism and populism challenge liberal constitutionalism and its nexus to distributive justice in its three dimensions of material welfare, identitarian recognition and democratic representation. A Pluralist Theory of Constitutional Justice by University Professor Michel Rosenfeld (Oxford University Press 2022) develops a pluralist approach leading to the “justice essentials” designed to meet the above challenge and to reinvigorate liberal constitutionalism.
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Claremont-UC Undergraduate Research Conference on the European Union
This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …
Island States Turn To The Law To Fight Climate Change, Adam Auerbach
Island States Turn To The Law To Fight Climate Change, Adam Auerbach
CICLR Online
The sea is rising. 2023 has seen the highest annual average sea level in recorded history, with sea level measuring four inches above 1993 levels. To many, this may seem inconsequential. However, for those in developing countries, particularly small island nations, rising sea levels present a very real, very pressing threat. For these island countries, the danger of losing their statehood and sovereignty is all too real “as their land surface may be totally covered by the sea or become fully inhabitable” in the near future.
This post was originally published on the Cardozo International & Comparative Law Review on …
Vol. 65, No. 08 (October 16, 2023)
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Flyers 2023-2024
No abstract provided.
Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance
Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance
Flyers 2023-2024
Interested in artificial intelligence? Want to know how law firms are leveraging AI? Can AI replace the modern lawyer? Come join us with 2 experts from Gunderson Dettmer: Joe Green, Chief Innovation Officer and Laura Chao, Practice Innovation Attorney.
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
Flyers 2023-2024
No abstract provided.
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan
Catholic University Law Review
Throughout American history, the power to investigate has been one of key powers of the U.S. Congress. This power, shaped by the Congress itself and the courts, has evolved into a critical tool used to hold parties accountable and to promote effective legislation for the American people. Yet as much as it can be used to further the interests of all Americans, so too can it be used to further a party’s own political agenda. Today, the congressional investigation process has become overly-politicized, misused for fundraising purposes, and overseen by members of Congress who are not investigators by trade.
As …
The Immorality Of Originalism, Jack M. Beermann
The Immorality Of Originalism, Jack M. Beermann
Catholic University Law Review
The central claim of this essay is that in interpreting the U.S. Constitution, it is immoral to choose original intent over social welfare, broadly conceived. Once this argument is laid out and defended on its own terms, I support the central claim with a variety of arguments, including the defective process pursuant to which the Constitution was enacted, the deeply flawed substantive content of the Constitution, the incongruity of fidelity to the views of a generation of revolutionaries, the current virtual imperviousness of the Constitution to amendment, the failure of the Constitution to resolve fundamental questions concerning the allocation of …
Unreimbursed Medical Expense Tax Deductions In Light Of Per-And Polyfluoroalkyl Substances, Tyler Young
Unreimbursed Medical Expense Tax Deductions In Light Of Per-And Polyfluoroalkyl Substances, Tyler Young
Catholic University Law Review
Per– and Ployfluoroalkyl Substances (PFAS) have been used in a wide variety
of products due to their ability to reduce friction. However, studies have shown
that exposure to PFAS can cause harmful effects in humans. In fact, it has been
called a “national emergency” in testimony before Congress. As a result, there
have been efforts to limit exposure to the disease-causing substances through
abatement and avoidance. The Internal Revenue Code, through the
unreimbursed medical expense tax deduction of I.R.C. § 213, may offer one
policy solution for individuals seeking to participate in abatement activities.
This comment explores the development and …
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines
Catholic University Law Review
Jurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as “ban the box” laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records – approximately one in four U.S. adults – have been disadvantaged when employers heavily rely upon criminal background checks during the hiring process. Now, with the proliferation of fair chance laws which require employers to avoid considering criminal history in hiring decisions, public and private employers are faced with implementation concerns as they adapt their hiring practices to ensure compliance with the …
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin
Catholic University Law Review
For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that …
Res Communis Omnium V. Res Nullius In U.S. Space Mining Law & Policy: A Multilevel Theoretical Analysis Of U.S. Public Policy On Space Minerals Mining Under Title Iv, §51301- §403, U.S. 2015 Commercial Space Launch Competitiveness Act (Public Law 114-90) & Its Implications For International Space Law Under Articles I & Ii, 1967 Outer Space Treaty, Samuel Chuks Japhets
Doctoral Dissertations and Projects
The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is …
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson
Ohio Northern University Law Review
No abstract provided.
The Case For Bail Reform, Wendy R. Calaway
The Case For Bail Reform, Wendy R. Calaway
Ohio Northern University Law Review
No abstract provided.
Cash Bail And Individualized Ability To Pay: The Key To Ending Ohio's Wealth-Based Detention Crisis, Patrick Higgins
Cash Bail And Individualized Ability To Pay: The Key To Ending Ohio's Wealth-Based Detention Crisis, Patrick Higgins
Ohio Northern University Law Review
No abstract provided.
How Does Chinese Law Regulate Franchising, Radwa Elsaman
How Does Chinese Law Regulate Franchising, Radwa Elsaman
Ohio Northern University Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Table Of Contents
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
University of Miami Race & Social Justice Law Review
In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment programs. Judges monitor the progress of drug court participants through scheduled status hearings. However, contrary to their purpose, drug courts may contribute to incarceration by presenting the risk of an increased number of drug-related arrests in those jurisdictions that have implemented drug courts and long jail sentences imposed as sanctions for …
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii
University of Miami Race & Social Justice Law Review
When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue? Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.
Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and …
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young
University of Miami Race & Social Justice Law Review
No abstract provided.
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
University of Miami Race & Social Justice Law Review
No abstract provided.
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
Event Invitations 2023
Join the Cardozo Law Review for a speech prepared by Judge Ho, followed by a question and answer session moderated by Cardozo Law Review's Editor-in-Chief, Ryen Lim.
Privacy Harm And Non-Compliance From A Legal Perspective, Suvineetha Herath, Haywood Gelman, Lisa Mckee
Privacy Harm And Non-Compliance From A Legal Perspective, Suvineetha Herath, Haywood Gelman, Lisa Mckee
Journal of Cybersecurity Education, Research and Practice
In today's data-sharing paradigm, personal data has become a valuable resource that intensifies the risk of unauthorized access and data breach. Increased data mining techniques used to analyze big data have posed significant risks to data security and privacy. Consequently, data breaches are a significant threat to individual privacy. Privacy is a multifaceted concept covering many areas, including the right to access, erasure, and rectify personal data. This paper explores the legal aspects of privacy harm and how they transform into legal action. Privacy harm is the negative impact to an individual as a result of the unauthorized release, gathering, …
Adoption Of Cybersecurity Policies By Local Governments 2020, Donald F. Norris Phd, Laura K. Mateczun Jd
Adoption Of Cybersecurity Policies By Local Governments 2020, Donald F. Norris Phd, Laura K. Mateczun Jd
Journal of Cybersecurity Education, Research and Practice
This paper should be of interest to the readers of this journal because it addresses a subject that has received little scholarly attention; namely, local government cybersecurity. The U.S. has over 90,000 units of local government, of which almost 39,000 are “general purpose” units (i.e., municipalities, counties, towns and townships). On average, these governments do not practice cybersecurity effectively (Norris, et al., 2019 and 2020). One possible reason is that they do not adopt and/or implement highly recommended cybersecurity policies. In this paper, we examine local government adoption or lack of adoption of cybersecurity policies using data from three surveys. …
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
Flyers 2023-2024
No abstract provided.
Lunch With Former U.S. Supreme Court Clerk And Cardozo Alumnus, Sara Eisenberg '05, Cardozo Office Of Career Services
Lunch With Former U.S. Supreme Court Clerk And Cardozo Alumnus, Sara Eisenberg '05, Cardozo Office Of Career Services
Flyers 2023-2024
No abstract provided.