Law Commons^™

Use Of Immigration Status For Coercive Control In Domestic Violence Protection Orders, Deirdre M. Bowen

Faculty Articles

In the context of domestic violence (DV), immigration-related circumstances can be exploited by an abuser to coerce and manipulate their partner. Using an intersectional structural framework, we examine how social structures overlaid with immigration-specific experiences operate to further enhance opportunities for abuse against immigrant women. We conducted a textual analysis to identify how socially constructed systems interact with a victim-survivor’s immigration status to introduce more tools for abusers to engage in coercive control and/or acts of violence in a random sample of petitioners (i.e., victim-survivors) who were granted a Domestic Violence Protection Order (DVPO) in King County, WA (n = …

Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi

All Faculty Scholarship

Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that theoretical concerns about potential bias are now being borne out in the market. To change this trajectory and ensure that development teams are focused explicitly on creating equitable AI, we argue that we need to shift the flow of investment dollars. Venture Capital (VC) firms have an outsized impact in determining …

A Game Theoretic Approach To Balance Privacy Risks And Familial Benefits, Ellen W. Clayton, Jia Guo, Murat Kantarcioglu, Et Al.

Vanderbilt Law School Faculty Publications

As recreational genomics continues to grow in its popularity, many people are afforded the opportunity to share their genomes in exchange for various services, including third-party interpretation (TPI) tools, to understand their predisposition to health problems and, based on genome similarity, to find extended family members. At the same time, these services have increasingly been reused by law enforcement to track down potential criminals through family members who disclose their genomic information. While it has been observed that many potential users shy away from such data sharing when they learn that their privacy cannot be assured, it remains unclear how …

Interpretations Of Intent: Sovereignty, The Second Amendment, And Us Gun Culture, Lola I. Brown

Political Science Honors Projects

In this paper, I engage foundational theorists such as Jean Bodin, Thomas Hobbes, and John Locke to examine the philosophies of sovereignty that underpin the US Constitution and the creation of the Second Amendment. I find that the US Founders' reaction to these foundational theories of sovereignty allowed for a breakdown in the system of sovereignty in the country, and made way for the implementation of the Rule of Law. The Rule of Law, in turn, created the conditions of possibility for the psyche of radical individualism that now permeates the US. This radical individualism allowed for the reinterpretation of …

Behind The Scenes Of Controversial International Commercial Arbitration: Case Study Of Heirs To The Sultanate Of Sulu V. Malaysia, Tze Chin Ong, James Ding Tse Wen

Indonesian Journal of International Law

Recently, an ad hoc arbitration final award of US$14.92 billion (approximately RM62.59 billion) in favour of the heirs of the 19^th-century sultanate, the late Sultan of Sulu, Sultan Jamalul Kiram II against Malaysia (the “Award”) that was handed down by a sole arbitrator had created much discussion in the international public and private law arena. Following the issuance of the n Award, Malaysia challenged the Award in the Paris Court of Appeal and successfully stayed the Award’s enforcement in France on July 12. During the same time, on July 11, two Luxembourg-registered subsidiaries of the Malaysian …

Declassified: Unintended Consequences Of Racial Classifications, Michael Conklin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

International Punishment Of Sex Trafficking Violators: Congruent Changes From The Top Down And The Bottom Up, Miranda Bailey

Tennessee Journal of Race, Gender, & Social Justice

Women and children around the globe are exploited daily for the gain of

sex buyers. These buyers care not for the human being that is being sold to them,

nor the physical, mental and emotional trauma being inflicted on such a victim.

Rather, these buyers use them up, empty them out, and find a replacement. Many

of these women and children are held captive, either economically, physically, or

mentally. They are forced to prostitute themselves out in forms of street-walking,

illicit massage parlors, strip clubs, sex videos, family and friend circles, as well as

in criminal syndicates. Yet, the States …

Dorothy Kenyon And Pauli Murray: Their Quest For Sex Equality In Jury Service, Jennifer L. Brinkley

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter Volume 12 Issue 2

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, Masthead, And Dedication, Maribeth Beyer

Pepperdine Law Review

No abstract provided.

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

Zoning By A Thousand Cuts, Sara C. Bronin

Pepperdine Law Review

Zoning is increasingly viewed as a constraint on the nation’s housing supply, and as zoning enters its second century, there is a strong drumbeat for reform. Across the country, reformers have targeted the elimination of single-family zoning, pointing to research showing that single-family zoning drives up development costs, degrades the environment, and homogenizes communities. While allowing more multi-family options could help address these issues, reformers should not exclusively focus on the elimination of single-family zoning. Process requirements including mandatory public hearings, and substantive requirements involving lot configuration, building size, and occupancy, among other things, play a significant role in determining …

Faux Advocacy In Amicus Practice, James G. Dwyer

Pepperdine Law Review

Amicus brief filing has reached “avalanche” volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information––“legislative facts”—relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many cases centrally involving the most vulnerable members of society—namely, non-autonomous persons, including both adults incapacitated by mental illness, intellectual disability, or other condition, and children. Some amici present themselves as advocates for such persons but use the amicus platform to serve other constituencies and causes, making false or misleading factual presentations about the …

Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea

Pepperdine Law Review

Congress passed Section 230 at the dawn of the internet era to protect innovators from traditional publisher tort liability. At the time, the internet consisted primarily of basic message boards and informational pages. Courts have interpreted Section 230 to provide internet platforms with sweeping immunity from liability for third-party content. The statute has aged poorly and is now ill-suited for today’s internet tools. Modern social media platforms are more than message board intermediaries because they actively shape and select the information pushed to users via engineered, engagement-enhancing algorithms. Engagement algorithms are not merely neutral tools; web developers intentionally design them …

Competent Forum And Applicable Law In Personal Data Protection With A Foreign Element, Muhammad Faqih Adhiwisaksana, Tiurma Mangihut Pitta Allagan

Indonesian Journal of International Law

This research analyses on personal data protection with a foreign element as a private international law issue, focusing on competent forum and applicable law. The author uses a juridical-normative research method with literature studies to explain the relevant private international law principles, as well as Indonesian laws and regulations surrounding competent forum and applicable law regarding competent forum and applicable law on personal data protection with a foreign element. The study found that various private international law principles may be used to determine the applicable law in personal data protection with a foreign element dispute, such as nationality, place where …

The Protection And Preservation Of Underwater Cultural Heritage: The Practice Of Indonesia, Dhiana Puspitawati, Rangga Vandy Wardana

Indonesian Journal of International Law

United Nations on Law of the Sea Convention (UNCLOS) recognizes the protection and preservation of underwater cultural heritage found at sea, by emphasizing preferential rights of the State of country of origin, or the State of cultural origin, or the State of historical and archaeological origin. To preserve the rights of such States, UNCLOS implicitly allows the removal of underwater cultural heritage upon prior approval from coastal State based on State’s cooperation. On the other hand, the Convention for the Protection of the Underwater Cultural Heritage 2001 (2001 UCH Convention) strictly prohibited any exploitation and commercialization of such cultural heritage …

Direct-To-Consumer Advertising Of Prescription Drugs: Constitutionally Protected Speech Or Misinformation?, Matthew Griffin

William & Mary Law Review Online

This Note will argue that the United States can and should regulate direct-to-consumer (DTC) prescription drug advertisements on television more strictly—preferably by proscribing them altogether. In Part I, this Note will discuss the issues of soaring drug prices, disappointing health care outcomes, a glut of misleading drug advertisements affecting the doctor-patient relationship and personal health, and the problem with the current approach to prescription drug advertising. Part I will also discuss the misleading nature of DTC prescription drug advertisements and some examples of the harm they have caused. Additionally, Part I will propose a solution that focuses on limiting the …

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Provider Perspectives On Mississippi's Child Care Payment Program, Katherine Broten

Honors Theses

The Mississippi Child Care Payment Program allocates public dollars from the Child Care Development Block Grant to decrease the cost of child care to qualifying Mississippi families. The purpose of this research is to examine how the coronavirus pandemic and ensuing policy changes from the state of Mississippi shaped child care providers' experience with the Child Care Payment Program. By surveying child care providers, this researcher assesses to analyze the effectiveness of the program and determines remaining what areas of need. Please note that this research applies to policies prior to the 2023 revision to the Child Care Payment Program …

Bruce Bryant, Released After 30 Years In Prison With The Help Of The Perlmutter Center For Legal Justice At Cardozo Law, Visits And Thanks Cardozo Students, Benjamin N. Cardozo School Of Law

Cardozo News 2023

In an emotional visit to the Cardozo Law campus on April 26, two days after his release from prison, Bruce Bryant thanked students from The Perlmutter Forensic Science Freedom Field Clinic who helped him win clemency.

A round of applause echoed through the hallway as he arrived with Josh Dubin, the executive director of The Perlmutter Center for Legal Justice at Cardozo Law.

An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?, Andrew Leahy

CICLR Online

Various concerns, such as climate change, supply issues, and bad actors with vast energy resources, have increased global interest in increasing power grid security and efficiency. One method to increase power grid security and efficiency that has gained popularity is using high-voltage powerlines, cables transporting energy over long distances with minimal power losses along the route. The People’s Republic of China has been at the forefront of implementing high-voltage powerlines within its borders. For example, the Changji-to-Guquan project, which began in 2019, consists of a 1,100-kV direct current line spanning 2,046 miles, “roughly the distance between Los Angeles and Cleveland.” …

Election Fraud In Romania, Mara Nicole Chiriac

CICLR Online

Election fraud is a severe issue that has plagued Romania's political system for decades. The electoral process in Romania has been affected by a variety of fraudulent conduct, from suspicions of vote buying to cases of ballot stuffing. This is a significant issue that must be addressed to safeguard the future of the democratic process in Romania and the integrity of its elections.

This post was originally published on the Cardozo International & Comparative Law Review on April 27, 2023. The original post can be accessed via the Archived Link button above.

Standards And The Law, Cary Coglianese

All Faculty Scholarship

The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determine liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they …

The Problem Is The Court, Not The Constitution, Jonathan Feingold

Faculty Scholarship

“But first, we must believe.” So concludes The Antiracist Constitution, where Brandon Hasbrouck confronts an uneasy question: In the quest for racial justice, is the Constitution friend or foe? Even the casual observer knows that constitutional law is no friend to racial justice. In the nineteenth century, Plessy v. Ferguson blessed Jim Crow. In the twentieth century, Washington v. Davis insulated practices that reproduce Jim Crow. Now in the twenty-first century, pending affirmative action litigation invites the Supreme Court to outlaw efforts to remedy Jim Crow.

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Articles

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

Le Thème Du Mariage Et Les Enjeux Sociaux Dans "Le Contrat De Mariage" De Balzac Et "L'Autre Face " De Fouad Al-Takarli, م.م. ايمان قاسم ذيبان

Midad AL-Adab Refereed Quarterly Journal

Cette recherche nous met face aux enjeux ainsi qu'aux défauts de la société humaine. Elle nous présente les normes qui privent l'homme d'avoir uneexistenceprospère et de vivre en paix. Elle dénude l'homme de sa créativité et de sa liberté spirituelle.

A côté de cette image, nous avons aussi celle de mariage. Nous allons préciser la manière que les deux écrivains utilisent pour faire arriver ce thème à ses lecteurs.

De plus, nous allons voir quel type de mariage apparaît dans les deux corpus: s'agit-il d'un mariage traditionnel ou bien d'un mariage consacré parfaitement à l'intérêt personnel

La Philosophie De La Réforme Entre Jamal Al-Din Al-Afghani Et Mohammed Abda Etude Comparative Préparée, أ. م. د.حسين كليبان علي البارح الزهيري

Midad AL-Adab Refereed Quarterly Journal

J'ai mis en évidence la pierre angulaire de la philosophie islamique, qui est la réforme au XIXème siècle entre ces deux cheikhs, car durant cette période nous vivions des transformations radicales dans le monde islamique, comme l'état d'honneur mental, social et politique au XVIIIème siècle a atteint son apogée dans le retard et le déclin des illusions et des superstitions, et des hérésies perverses à cause de l'ignorance, et l'Orient islamique gémissait sous l'oppression, l'ignorance et la tyrannie. Et après la découverte de l'Amérique et l'ouverture de la route des Indes, l'Europe a commencé à suivre la voie du …

An Investigation Of The Preferences Of Iraqi Students Studying English As A Foreign Language Regarding Written Corrective Feedback In College Level Writing Classrooms, أ.م.د. هدى فالح حسن الخفاجي

Midad AL-Adab Refereed Quarterly Journal

This study was carried out to investigate the preferences of Iraqi college students studying English as Foreign Language (EFL) with respect to written Corrective Feedback (CF) in their writing classrooms. The present study seeks to fill the gap in research concerning written CF in Iraqi college EFL writing classrooms since the preferences of Iraqi college EFL students regarding written CF have not explored yet. It aims to examine the amount of written CF a sample of Iraqi college EFL students considers useful. It also aims to examine the types of written CF this sample of Iraqi college EFL students thinks …

A Translation Study Of Arabic Legal Texts Into English: Iraqi Official Documents As A Case Study, أ.م.د. سمير صالح مهدي الدهوي

Midad AL-Adab Refereed Quarterly Journal

The present paper deals with the translation assessment of some Arabic official documents translated into English at the lexical and syntactic levels. Official documents are the documents that an institution issues and which has the original data which support the summarized information on the document. D`ocuments and data which are sent via secure electronic transmission can be deemed official documents. Official copies of documents are required for admission and evaluation toward degree progress, and all such documents must be signed and sealed by authorized officials of the originating institution.

The present study is aimed at carrying out a translation assessment …

A Study Of Audiovisual Fansubbing Translation Of Abbreviations In English Movies Into Arabic: Angels And Demons Movie As A Model, الاستاذ المساعد ابراهيم طلعت ابراهيم, الاستاذ الدكتور مهدي فالح الغزالي

Midad AL-Adab Refereed Quarterly Journal

Audiovisual Translation (AVT) is defined as process of rendering multimodal product from the source language SL into the target language (TL). In other words, the AVT translator works on transferring the meaning of every mode (aural, visual and written) in the body of the (movie, interview, documentary reports, interview, cartoon, etc.) from one language into another. Besides, both researchers chose abbreviation forms found in the body of the American movie (Angels and Demons) to be analyzed into Arabic. They pinpointed three available fansubbing products of the movie in question online. It is hypothesized that amateur subtitlers whose translations selected for …