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2017

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Articles 31 - 60 of 134

Full-Text Articles in Other Law

Boyd Briefs - Sept. 21, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Sep 2017

Boyd Briefs - Sept. 21, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius Sep 2017

Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius

Texas A&M Law Review

Finding a happy medium is hard. Often, it is a challenge to find a workable balance between two unworkable extremes. Known as the “Goldilocks Principle,” this phenomenon has been observed in fields as diverse as developmental psychology and astrobiology. As Goldilocks found in the Three Bears’ house, “just right” may not come on the first attempt. We may have to explore the extremes of the spectrum—“too hot” and “too cold”—before we can settle on “just right. Goldilocks also discovered that this process is all the more difficult in a new environment—like the Three Bears’ house. Goldilocks persevered, however, until she …


Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen Sep 2017

Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen

Texas A&M Law Review

Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …


Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau Sep 2017

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …


Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter Sep 2017

Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter

Texas A&M Law Review

Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution


Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh Sep 2017

Could The Pay Ratio Disclosure Backfire? Examining The Effects Of The Sec's Pay Ratio Disclosure Rule, Jillian Loh

Texas A&M Law Review

At the signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), President Barack Obama asserted that, “We all win when investors around the world have confidence in our markets. We all win when shareholders have more power and more information. . . . And we all win when folks are rewarded based on how well they perform, not how well they evade accountability.” After the financial crisis in 2008, the Obama Administration recognized the need to reconstruct the existing American financial regulatory system to ensure that a financial meltdown would never happen again. It …


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman Sep 2017

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …


Boyd Briefs - Sept. 14, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Sep 2017

Boyd Briefs - Sept. 14, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Boyd Briefs - Sept. 7, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Sep 2017

Boyd Briefs - Sept. 7, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Pre- Or Post-Mortem?, Leslie C. Griffin Sep 2017

Pre- Or Post-Mortem?, Leslie C. Griffin

Nevada Law Journal

No abstract provided.


Volume 42, No. 1 Sep 2017

Volume 42, No. 1

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editors in Chief: Lisandra Naranjo Hernandez, Melissa Pike

Layout Editor: Julianne Stevenson

Editors: Melia Moorhouse, Emma Chapple


Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson Aug 2017

Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson

Arbitration Law Review (2009 - Present)

No abstract provided.


Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska Aug 2017

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review (2009 - Present)

No abstract provided.


Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman Aug 2017

Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman

Arbitration Law Review (2009 - Present)

No abstract provided.


E-Museletter: August 2017, William Taylor Muse Law Library Aug 2017

E-Museletter: August 2017, William Taylor Muse Law Library

Museletter

This Issue:

Welcome new students

Wall Street Journal Online Now Available

West Academic Online Study Aids Welcome to Maureen Moran

Learn About Library Services


Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley Jul 2017

Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley

Masters Theses

Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on …


Money, Speech, And Chutzpah, Joel Gora Jul 2017

Money, Speech, And Chutzpah, Joel Gora

Faculty Scholarship

No abstract provided.


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky Jul 2017

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.


Richmond Law Magazine: Winter 2017, University Of Richmond Jul 2017

Richmond Law Magazine: Winter 2017, University Of Richmond

Richmond Law Magazine

Features:

The Happy Lawyer

"Tyranny of the Algorithm"

Virginia's New Prescription for the Opioid Crisis


Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati Jul 2017

Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati

Jurnal Hukum & Pembangunan

This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …


Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen, Dumaria Simanjuntak Jul 2017

Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen, Dumaria Simanjuntak

Jurnal Hukum & Pembangunan

BPK as the only external audit institution that is equal to other state institutions whose responsibility to audit the state finance's management and accountability should be far apart from political parties' interests. However nowadays some of the chief-persons of BPK are involved in political parties' interests morever become suspects in some corruption cases. To establish BPK as independent and professional institution, chief-person position charging must be free from political parties' interests. This essay exposes the development of regulation of BPK chief-person position charging as main topic analysis. The conclusion of the research is there was advance development in regulation related …


Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau Jun 2017

Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau

Barry Law Review

No abstract provided.


Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan Jun 2017

Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan

Barry Law Review

No abstract provided.


“They Teach You How To Weather The Storm, But They Don’T Teach You How To Dance In The Rain:” Veterans’ Perspectives On The Pathways To Criminal Justice Involvement, Kelli E. Canada, Clark Peters Jun 2017

“They Teach You How To Weather The Storm, But They Don’T Teach You How To Dance In The Rain:” Veterans’ Perspectives On The Pathways To Criminal Justice Involvement, Kelli E. Canada, Clark Peters

Qualitative Criminology (QC)

"Some veterans face elevated risk of mental illness, alcohol, and drug use, and difficulty adjusting post-deployment, which can increase the risk of homelessness and contact with the criminal justice system (Elbogen et al., 2012). This study adds to the limited and mixed findings regarding factors associated with criminal offending among veterans. It explores, from veterans’ perspectives, what contributes to their criminal justice involvement. In-depth interviews with 28 U.S. Veterans on probation or parole explored their military service, mental health, and the events surrounding arrests. Findings indicate that substance use was a significant contributor to arrests. Alcohol and drugs were used …


Conjectures, Refutations, And (Elusive) Resolution: An Exercise In The Sociology Of Knowledge Within Criminology, Brendan Dooley Jun 2017

Conjectures, Refutations, And (Elusive) Resolution: An Exercise In The Sociology Of Knowledge Within Criminology, Brendan Dooley

Qualitative Criminology (QC)

"An analysis of in-depth discussions (oral histories) with 17 leading criminologists on the seminal debates in which they each participated showcases the benefits of intellectual debate. Over the last half-century, the field’s understanding of crime and its control has experienced genuine gains through a vigorous exchange of conjectures and refutations. It stands to benefit from more of these. However, there is a tension between professional and scientific concerns that limits the expansion of this process. The insistence on open ended inquiry in advancing professional ends dulls the interest and opportunity for debating first principles. As a result, the field is …


Kitty Calavita And Valerie Jenness, Appealing To Justice: Prisoner Grievances, Rights, And Carceral Logic, Talisa J. Carter Jun 2017

Kitty Calavita And Valerie Jenness, Appealing To Justice: Prisoner Grievances, Rights, And Carceral Logic, Talisa J. Carter

Qualitative Criminology (QC)

"In Appealing to Justice, by Kitty Calavita and Valerie Jenness explain the grievance system of the California Department of Corrections and Rehabilitation (CDCR) in detail. Grievance systems are the formal internal process by which inmates contest prison conditions. Federal law requires that prisoners fully exhaust the grievance system before their claims can be heard in court. Although there may be an assumption that justice exists in systems that are charged with upholding standards of safe and humane conditions within confinement facilities, the authors find the grievance process to be riddled with inefficiencies and inequalities."


Waverly Duck, No Way Out: Precarious Living In The Shadow Of Poverty And Drug Dealing, Jascha Wagner Jun 2017

Waverly Duck, No Way Out: Precarious Living In The Shadow Of Poverty And Drug Dealing, Jascha Wagner

Qualitative Criminology (QC)

"No Way Out: Precarious Living in the Shadow of Poverty and Drug Dealing examines how the residents of “Lyford Street,” an impoverished Black neighborhood, organize for survival against the backdrop of “increasingly desperate circumstances.” Decades of deindustrialization and misguided social policies have left the neighborhood economically and socially isolated. Unemployment and poverty are rampant for young men of Lyford Street. Stripped of educational or economic opportunities, the drug trade has become their “principal employment.” However, against the “stereotypical image of the drug infested ghetto,” Waverly Duck compels us to see Lyford Street as a place with a unique social …


Aldo Civico, The Para-State: An Ethnography Of Colombia’S Death Squads, Elena Sciandra Jun 2017

Aldo Civico, The Para-State: An Ethnography Of Colombia’S Death Squads, Elena Sciandra

Qualitative Criminology (QC)

"On August, 24, 2016, the Colombian conflict returned to the spotlight. On this day the peace agreement between the Colombian government and the last active guerrilla group, the FARC (Fuerzas Armadas Revolucionaria de Colombia), had been signed after decades of discontinuous peace talks. Such discontinuity, along with other peculiarities, have long piqued the interest of scholars in this conflict; not only is it one of the longest civil wars in recent history – its origin dating back to the end of the 1950s – it has also shaped the political, economic, and cultural life of the country. Started as sectarian …


Self-Motivation In Policing, Scott W. Phillips Jun 2017

Self-Motivation In Policing, Scott W. Phillips

Qualitative Criminology (QC)

"Research shows that the work shift of a patrol officer includes a large amount of “down time.” Occupational scholarship has validated that workers can reduce boredom by engaging in activities that are ancillary to normal duties. The autonomous work environment of police officers provides them a unique opportunity to minimize boredom by working in a way that makes their expected behavior interesting. To date the police motivation scholarship tends to examine “job satisfaction,” but the notion of boredom is missing from the research. This study used an observational research design to provide a qualitative examination of the techniques used by …


Michel Foucault, Discipline & Punish: The Birth Of The Prison, Trans. Alan Sheridan, Brian Sellers Jun 2017

Michel Foucault, Discipline & Punish: The Birth Of The Prison, Trans. Alan Sheridan, Brian Sellers

Qualitative Criminology (QC)

"For hundreds of years, criminologists and penologists alike have investigated the various functions and designs, as well as the policies and practices that regulate the effectiveness of prisons as correctional institutions. The ideological aims underpinning penal practice can be either myopically focused or quite diverse as they reflect the varying goals of retribution, deterrence, incapacitation, and rehabilitation. However, as corrections continue to undergo numerous reforms, scholars and policymakers might do well to revisit, critically reflect upon, and reexamine the socio-historical origins of the prison and its close relationship to power structures operating in the wider society. French philosopher, Michel Foucault’s …