Law and Society Commons^™

Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

Let’S Get This Show On The Road: Driverless Cars Have Arrived And It’S Time To Advance The Regulatory Framework, Joshua D. Borneman

Catholic University Journal of Law and Technology

The potential benefits that driverless automobile technology will provide to the U.S. and its roadways are vast. Greatly enhanced safety of American citizens is chief among these benefits. Congressional and administrative support will be required if these benefits are to be completely realized by American society. However, lawmakers are dragging their feet on passing legislation that will allow driverless cars to hit the road in full force. This comment examines the legislative proposals put forth by the House of Representatives and Senate. It argues that the differences between the two versions are inconsequential and urges lawmakers to act in order …

Life Becoming Hazy: The Withdrawal Of The United States From The Paris Agreement And How The Youth Of America Are Challenging It, Anne Ustynoski

Catholic University Journal of Law and Technology

This Comment covers the ways in which each presidential administration has viewed the United States’ role and responsibilities in combating climate change. It discusses the ways in which the Clean Air Act has evolved and changed, as well as the ways in which the United States has been involved in environmental protection initiatives undertaken by the United Nations. The Comment also examines the ways in which individual states and groups have taken the initiative to combat climate change. Finally, this Comment discusses alternative approaches to combating climate change. For example, it focuses on how youths in America are arguing that …

The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara

Catholic University Journal of Law and Technology

As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.

Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …

Front Matter

Canadian Journal of Family Law

No abstract provided.

Les Amoureux Sur Les Bancs Publics : Le Traitement Juridique Du Polyamour En Droit Québécois, Michaël Lessard

Canadian Journal of Family Law

L’auteur offre un tour d’horizon des manières dont le droit québécois désavantage les relations polyamoureuses. Dans la première partie, l’auteur définit le polyamour, le monoamour et certaines notions connexes. Dans les sections subséquentes, il avance une catégorisation du traitement juridique du polyamour. Selon son analyse, quatre angles sont exploités pour orienter les relations conjugales vers le monoamour et hors du polyamour : (1) limiter à deux le nombre de parents par enfant (biparenté vs pluriparenté), (2) faciliter la prestation de soins de conjoint·e à conjoint·e, (3) protéger les conjoint·es contre des vulnérabilités économiques, et (4) prohiber certains comportements polyamoureux (criminalisation …

Case Comment: Mccain V Mccain And Barton V Sauvé: A New Approach To Autonomous Domestic Contractual Bargaining In Ontario, Mark Cornish

Canadian Journal of Family Law

This case comment explores the tension between principles that guide domestic contractual bargaining and interpretation in Ontario with reference to two recent trial-level decisions. The courts’ analyses in McCain and Barton suggest a way to reconcile the apparent tension between principles of autonomy and fairness. In light of these decisions, and drawing on the literature in this area, the paper suggests a two-pronged approach for courts to adopt when deciding whether to set aside a domestic contract. This approach attempts to ensure that courts only uphold domestic contracts that are negotiated by truly autonomous parties.

In Memoriam: The Canadian Research Institute For Law And The Family, 1987–2018, John-Paul E. Boyd

Canadian Journal of Family Law

No abstract provided.

Faire Valoir Ses Droits À La Chambre De La Jeunesse : État Des Lieux Des Barrières Structurelles À L’Accès À La Justice Des Familles, Emmanuelle Bernheim, Marilyn Coupienne

Canadian Journal of Family Law

S’il est convenu que l’intervention en protection de la jeunesse constitue en soi une atteinte aux droits fondamentaux des parents, il est souvent pris pour acquis que les droits des parents et des enfants s’opposent autour de notions telles que l’intérêt supérieur de l’enfant et le projet de vie permanent. Au Québec, dans un contexte où les mères vivant dans la pauvreté, et plus particulièrement les mères autochtones ou issues de minorités visibles, sont surreprésentées en protection de la jeunesse et où le nombre de dossiers judiciarisés a cru de 20% depuis les années 1990, il apparaît non seulement pertinent …

Relationally Speaking: The Implications Of Treating Embryos As Property In A Canadian Context, Kathleen Hammond

Canadian Journal of Family Law

In July 2018, the Ontario Superior Court, in S.H. v D.H., dealt with a dispute between a recently separated couple over a frozen embryo that the couple had created. In his judgment, Justice Del Frate stated that the embryo should be conceived of as property. This was the cause of uproar among feminist legal scholars who were concerned with the possible repercussions for cisgender women of labeling embryos as property. The Superior Court decision was subsequently overturned by the Ontario Court of Appeal this past May (2019). However, given the likelihood that embryos will be treated as property in …

Autonomous Motherhood In The Era Of Donor Linking: New Challenges And Constraints?, Fiona Kelly

Canadian Journal of Family Law

The number of single mothers by choice (SMCs), that is, unpartnered women who choose to conceive a child that they intend to raise on their own; has grown rapidly in Australia, where they now represent the largest user group of clinic-based donor sperm. Despite the growing visibility of SMCs, constraints remain for women who wish to parent autonomously from a partner. This article explores a complex new challenge for Australian SMCs: whether to participate in the increasingly popular phenomenon of “donor linking,” defined as the process by which parents who use donated gametes to conceive seek access to the donor’s …

All Families Are Equal, But Do Some Matter More Than Others? How Gender, Poverty, And Domestic Violence Put Quebec's Family Law Reform To The Test, Suzanne Zaccour

Canadian Journal of Family Law

Who needs family law? While it is tempting to answer “everyone”, the stakes are not the same for all. I propose to evaluate family law rules in terms of how they address high-stakes situations—that is, the condition of vulnerable women. Thus, the test of good family law should be how well it deals with poverty and domestic violence, factors that directly constrain women’s ability to negotiate fair outcomes.

To explore this method, I take the example of a recent proposal, developed by Alain Roy’s reform committee (the “Comité consultatif sur le droit de la famille”), and regarding which the Quebec …

Hong Kong's Children Proceedings (Parental Responsibility) Bill: Comparative Family Law Reform And Multidisciplinary Collaboration, Katherine Lynch

Canadian Journal of Family Law

Many comprehensive reviews of family justice systems have been undertaken in common law jurisdictions over the past 20 years, all seeking to provide more meaningful affordable access to justice for families and children. Hong Kong is also under pressure to enact legislative reforms originally proposed in 2002-2005 which deal with children’s matters and more broadly, with family and matrimonial issues. Legislative reform was anticipated when the Government announced the long awaited Children’s Proceedings (Parental Responsibility) Bill (“Children’s Bill”) in 2015. After significant public consultation, however, the Government announced in 2018 that it would delay implementation of this draft legislation. Unfortunately, …

Front Matter

Canadian Journal of Family Law

No abstract provided.

Introduction To The Special Issue: Shifting Normativities, Régine Tremblay, Erez Aloni

Canadian Journal of Family Law

On May 9 and 10, 2019, we held an international and interdisciplinary conference entitled Shifting Normativities: Families, Feminisms, Laws—Celebrating the Work of Professor Susan B. Boyd. This event, cohosted by the Centre for Feminist Legal Studies and the Canadian Journal of Family Law, brought together to the Peter A. Allard School of Law at the University of British Columbia scholars from different countries and disciplines. It had three principal goals. First, celebrating the work of Professor Susan B. Boyd; second, producing cutting-edge scholarship in under-researched fields, namely, family studies and feminist theory; and third, creating new networks of …

Intent To Parent Is What Makes A Parent? A Comparative Analysis Of The Role Of Intent In Multi-Parenthood Recognition, Nola Cammu

Canadian Journal of Family Law

In most jurisdictions, the two-parent rule does not take into account the social reality of intentional multiple-parent families where more than two parents share parenting tasks from a child’s birth. Many cases show that children in non-traditional parenting constellations are emotionally attached to all parental figures and perceive them as true parents. Unfortunately, the law does not adequately acknowledge multiple parenting practices, and thus a discrepancy exists between the social and the legal reality of (often young) children in intentional plus-two-parent families. This article argues that the law should aim to rectify this discrepancy by legally accommodating multiple parenthood, preferably …

Punished For Poverty, Andrew Rock

Criminal Law Practitioner

No abstract provided.

Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock

Criminal Law Practitioner

No abstract provided.

Too Much, Too Soon? Obergefell As Applied Equality Practice, James M. Donovan, Alyssa Oakley Milby

Law Faculty Scholarly Articles

Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde reaction seeking to preserve the familiar status quo. When the world by which we define ourselves undergoes unexpected transitions, especially in directions that contradict the comfortable taken-for-granted assumptions that had been earlier enjoyed, we feel threatened. One needs only recall how the new standards of racial equality announced in Brown I and Brown II elicited virulent protests as some districts chose to shutter all public schools rather than have them become racially integrated. In the shadow of such traumas, it may seem an obvious lesson that progress …

Black Interests In Slaveries, Karen E. Bravo

Valparaiso University Law Review

No abstract provided.

Shielding The Youth: Implementing Mindful Meditation In Public Schools To Reduce The Rising Rates Of Suicide And Depression Amongst Children, Teens And Young Adults, Keaton Maurer

Valparaiso University Law Review

No abstract provided.

White Caller Crime: Racialized Police Communication And Existing While Black, Chan Tov Mcnamarah

Michigan Journal of Race and Law

Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports?

This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply existing must be understood as a systematic phenomenon which it dubs racialized police communication. The label captures two related practices. First, racially motivated police reporting—calls, complaints, or reports made when Black persons are engaged in behavior that would not have been read …

Community Development Finance And Economic Justice, Peter R. Pitegoff

Faculty Publications

This chapter reflects on the history of community economic development, community development financial institutions, and their relationship with law and legal scholarship. It describes the robust use of complex legal and financial tools in community development practice today and presents Maine-based Coastal Enterprises Inc. (CEI) as a window into the evolution of the field over the last four decades. Part II traces the wider history and context of community development finance and of the dramatic expansion in tax credit financing. Part III explores the implications of this trend for sustainability and local accountability, underscoring the distinction between community organizing and …

Lead Us Not Into Temptation: A Response To Barbara Fedders's Opioid Policing, Anna Roberts

Faculty Scholarship

No abstract provided.

Everybody Out Of The Pool: Recognizing A First Amendment Claim For The Retaliatory Closure Of (Real Or Virtual) Public Forums, Frank D. Lomonte

University of Florida Journal of Law & Public Policy

No abstract provided.

"You Have The Data"...The Writ Of Habeas Data And Other Data Protection Rights: Is The United States Falling Behind?, Sarah L. Lode

Indiana Law Journal

In Part I of this Note, I will discuss the writ of habeas data that has been developed primarily, but not exclusively, in Latin American countries. I will discuss the intricacies of the writ, how it evolved, and how it is applied today. Using Argentina as an example, I will discuss how the writ would be used by an Argentine citizen to protect her personal data. Part II summarizes the previously employed data protection scheme in the European Union, the Data Protection Directive (“the Directive”), and will also discuss the new EU data protection regulation, the General Data Protection Regulation …

The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin

Indiana Law Journal

In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story. The actions …

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Articles

No abstract provided.