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Articles 1 - 30 of 165
Full-Text Articles in Other Law
Paternity And The Quasi-Marital Child, The Honorable Diana Tennis
Paternity And The Quasi-Marital Child, The Honorable Diana Tennis
Child and Family Law Journal
No abstract provided.
Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.
Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.
Child and Family Law Journal
No abstract provided.
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.
Child and Family Law Journal
No abstract provided.
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino
Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino
Brooklyn Journal of International Law
Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by …
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.
Child and Family Law Journal
No abstract provided.
The Human Right To A Fair Start In Life, Matthew Hamity Esq.
The Human Right To A Fair Start In Life, Matthew Hamity Esq.
Child and Family Law Journal
No abstract provided.
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
Child and Family Law Journal
No abstract provided.
E-Museletter: December 2019, William Taylor Muse Law Library
E-Museletter: December 2019, William Taylor Muse Law Library
Museletter
This Issue:
Director's Message
Library News
Featured Resources
Getting to Know You: Mason Ramsey
Tech Tip
Ethics In Academic Research And Scholarship: An Elucidation Of The Principles And Applications, Olajide O. Agunloye
Ethics In Academic Research And Scholarship: An Elucidation Of The Principles And Applications, Olajide O. Agunloye
Journal of Global Education and Research
Responsible, respectable, and successful engagement in research and scholarship in academia requires adherence to certain basic professional ethical principles to sustain the fidelity of academic work and the integrity of the researcher-scholar. This is more so for works which are intended for dissemination, information, attention, and consumption of audiences beyond the researcher-scholar’s proximal academic habitat. Ethical principles in research and scholarship apply whether the intended work, to be made public, is a conceptual scholarly narrative of ideas and thoughts or a narration of actual scientific-process-based research. This paper explores some of the key ethical principles in research and scholarship, their …
Negative Liberty Meets Positive Social Change, Anita Bernstein
Negative Liberty Meets Positive Social Change, Anita Bernstein
Faculty Scholarship
No abstract provided.
E-Museletter: November 2019, William Taylor Muse Law Library
E-Museletter: November 2019, William Taylor Muse Law Library
Museletter
This Issue:
News You Can Use
Featured Resources
Getting to Know You: Mei Kiu Lo
Salt Equalizer, Vol. 2019, Issue 1, Society Of American Law Teachers
Salt Equalizer, Vol. 2019, Issue 1, Society Of American Law Teachers
SALT Equalizer
Survey Information and Methodology, at 1.
2018-19 SALT Salary Survey, at 1.
About SALT and SALT Membership, at 3.
Survey Instrument, at 5.
SALT Salary Survey 2017-2018, at 5
Desirable Inefficiency, Paul Ohm, Jonathan Frankle
Desirable Inefficiency, Paul Ohm, Jonathan Frankle
Florida Law Review
Computer scientists have recently begun designing systems that appear, at least at first glance, to be surprisingly, wastefully inefficient. A stock exchange forces all electronic trades to travel through a thirty-eight mile length of fiber-optic cable coiled up in a box; the Bitcoin protocol compels participants to solve difficult yet useless math problems with their computers; and the iPhone locks users out for many painful seconds after a mistyped password, a delay that increases with each subsequent mistake. We draw these examples and others together into a common, emerging, and underappreciated approach to digital system design, which we name “desirable …
E-Museletter: October 2019, William Taylor Muse Law Library
E-Museletter: October 2019, William Taylor Muse Law Library
Museletter
This Issue:
Director's Message
Fall Break Hours
News You Can Use
Featured Resource
Student Counseling Services
Tech Tip
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Loyola of Los Angeles International and Comparative Law Review
Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …
The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott
The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott
St. Mary's Law Journal
The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.
Fall 2019
The Weldon Times
A student-run publication from the Schulich School of Law at Dalhousie University.
Editors in Chief: Justin Monahan, Anthony Buckland
Editor: Joel Tichinoff
Graphic Design & Layout: Alexandra Fox
Photography: Luke MacGillivray
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez
Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez
Qualitative Criminology (QC)
"A number of key risk factors are associated with racist, sexist, and homophobic practices on North American college campuses. However, one additional determinant that has thus far been overlooked is male aggrieved entitlement. Using exploratory qualitative data gleaned by the Campus Quality of Life Survey administered at a large college in the South Atlantic region of the United States, the main objective of this article is to help fill a major research gap by showing that aggrieved entitlement is a correlate that warrants more attention in future empirical and theoretical work on campus climates."
It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins
It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins
Qualitative Criminology (QC)
"Since the 1950s scholars have applied the term dirty work to occupations that society views as demoralizing or disgusting. Occupations are labeled as dirty when they require work which is physically, socially and/or morally tainted. Correctional officers experience pervasive levels of all three types of taint while working in a low prestige occupation. This article relies on ethnographic data to examine how occupational stigma management techniques are taught to new officers and what techniques are most prominent. The findings indicate that new officers are taught occupational ideologies regarding stigma management primarily through sense-making and storytelling. We find that officers manage …
Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland
Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland
Qualitative Criminology (QC)
"The use of photographs in criminological research can be an important tool for both collecting data and illustrating findings. When used in published research, photographs can aid in viewers connecting with the subject matter and the participants. However, photographs can also reify and reinforce cultural stereotypes. We believe that the potential damage done by including photographs can be mitigated when the photographs are properly contextualized. Our aim here is to argue for the value of contextualized photographs in research with those who engage in crime or deviance. We illustrate how by including the stories of participants and ourselves we can …
An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia
An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia
Qualitative Criminology (QC)
"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …
“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner
“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner
Qualitative Criminology (QC)
"Our knowledge of online activists or hacktivists is growing, but it is still far from complete. The reasons why some of these individuals violate computer laws or how they justify their behavior remains elusive, yet one particular framework that lends itself to understanding a hacker or hacktivist’s belief system is Sykes and Matza’s (1957) neutralization theory. The present study involved a content analysis of publicly available commentary found online and made by participants in Anonymous operations against United States targets from 2008-2013. Over 13,000 words were analyzed, and of the 384 passages of text and phrases, roughly 62% of passages …
#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick
#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick
Qualitative Criminology (QC)
We draw from Sykes and Matza’s techniques of neutralization theory to interpret how Islamic State and the Levant (ISIL) soft-sympathizers justify violence perpetrated by ISIL. Data come from Tweets associated with ISIL-affiliated accounts that occurred within 24 hours of three high-profile ISIL-attributed attacks: Paris, Nice, and Orlando. Our findings suggest that condemnation of the condemners was a particularly salient neutralization technique used to point out the perverse motives and inconsistent behaviors of Western armed forces, media, and the public. More specifically, we found that the condemnation of the condemners was underlined by three specific claims: (1) comparable violence, (2) …
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Pace Law Review
This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations regardless …
E-Museletter: September 2019, William Taylor Muse Law Library
E-Museletter: September 2019, William Taylor Muse Law Library
Museletter
This Issue:
Director's Message
Library News
New Material's Update
Tech Team Corner
The Reliable Revisionist, Caitlyn Schaffer
The Reliable Revisionist, Caitlyn Schaffer
Philosophy: Student Scholarship & Creative Works
The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …