Other Law Commons^™

Getting The Law Right: An Essay In Honor Of Aaron Twerski, John C. P. Goldberg, Benjamin C. Zipursky

Brooklyn Journal of Corporate, Financial & Commercial Law

Written in honor of the great torts scholar Aaron Twerski, this article critically analyzes disturbing developments in New York negligence law as it applies to police who injure innocent bystanders. With the New York Court of Appeals’ 2022 decision in Ferreira v. City of Binghamton as a focal point, it argues that Ferreira and other contemporary decisions have largely betrayed the promise of the 1929 Court of Claims Act, which waived state and municipal immunity for police torts. While courts may be warranted in recognizing certain limits on police negligence liability that do not apply to private actors, the current …

Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha, Riki Taufik Rakhmani

Jurnal Hukum & Pembangunan

One of the sources of funding for the development of Ibu Kota Nusantara is through the Public-Private Partnership (PPP) scheme. From the private sector's perspective, the PPP scheme provides access, particularly for foreign investors, to participate in providing infrastructure for the public's benefit. In order to attract foreign investors to participate in PPP for Ibu Kota Nusantara, the government can provide support, including transaction preparation and implementation facilities, feasibility support, tax incentives, government guarantees, and/or the use of state-owned assets. Guarantee for infrastructure provision through PPP is given against infrastructure risks caused by factors determined in the Minister of Finance …

Exploring Local Elected Officials' Capacity To Govern Effectively, Mario King

Dissertations

A successful local government exemplifies inclusivity, innovation, and deliberate decision-making, all advancing responsible management of taxpayers' resources. In this qualitative investigation, a phenomenological approach is employed to delve into the lived experiences of local elected officials. The aim of this study was to gain insights into the capacity of these local elected officials for success in governance. Subsequently, the insights from these local elected officials' experiences are harnessed to evaluate their influence and impact on municipal performance.

The management of municipal performance encompasses the provision of social services, the maintenance of fiscal operations, and adherence to statutory obligations (Avellaneda, 2008). …

Economic Extraterritorial Regulation Amongst The American States, Michael Mischley

School of Professional Studies

By analyzing historical and contemporary examples, this study demonstrates the reality of extraterritorial regulation and how concepts of federalism and political representation shape legal precedents that allow this practice to occur. Second, using a case study focused on the State of California, the State of Texas, and the State of New York, this study looked for pending or promulgated legislation with extraterritorial effect outside of environmental regulation and where the Congress preempts state law.

Conclusively, the practice of economically-powerful American states regulating extraterritorially exists in other policy areas and occurs as a means of national influence outside of federal channels. …

Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang

Washington Law Review

Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin

Indonesian Journal of International Law

Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini

Featured Student Work

This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Richmond Law Magazine: Autumn 2023

Richmond Law Magazine

The technology battlefield

Beacons for equal justice

An inspiring, intentional new space

Fall 2023: Grounding

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Nicole Payette, Elyse Loewen

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru

Brooklyn Journal of International Law

The exploration of space via manned and unmanned missions has been almost constant since the mid-20th century. With developing technology and the advent of private actors in space travel, the emerging problem of space traffic requires some form of guidelines in order to prevent collisions and continue the peaceful use of space. Space Traffic Management is an emerging field with new theories still being posited. This Note examines the ways in which maritime Collision Regulations (COLREGs) can be used as a guideline to create infrastructure for the control of traffic in space, regarding both satellites and general space debris. This …

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

Risk Management Perceptions And Preventive Practices Of Athletic Directors From Naia Schools, Yan Gioseffi

Health, Exercise, and Sports Sciences ETDs

The increase in the number of incidents associated with sports has led to the rise of litigation, and physical, emotional, and financial damage to stakeholders. Collegiate athletic directors (ADs) have the duty to keep their programs safe.

This study aimed to explore and understand the practices, perceptions, and experiences of ADs from National Association of Intercollegiate Athletics (NAIA) institutions regarding preventive risk management. As risk management is significantly new in the sporting industry, an exploratory study using a qualitative design, grounded in narrative inquiry was conducted using the D.I.M. Process as a guide to collect data from 10 NAIA ADs …

Summer 2023: Welcome To Weldon

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Editor in Chief: Madeline Heinke

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Stroking Reflexivity Into Practice: The Pros And Cons Of Resorting To Gatekeepers To Conduct Qualitative Criminological Research, Gabriela Mesquita Borges, Ana Guerreirro, Leonardo Conde

Qualitative Criminology (QC)

Accessing research settings and participants can be deeply challenging for scientific research, especially when gatekeepers are involved. Gatekeepers are known to affect research through, among other reasons, their position inside institutions, their knowledge of the research topic, and their power over prospective participants. This article explores the methodological and ethical challenges that may arise from resorting to gatekeepers to access participants in qualitative criminological research. Using reflexive notes from the fieldwork of two doctoral research projects in criminology, this article emphasizes the central role gatekeepers can assume in qualitative research regarding gaining access to participants for a study and conducting …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger

Child and Family Law Journal

Following the Supreme Court’s overturning of the federally mandated fundamental right to abortion founded in Roe¹ and Casey,² the decision of whether a woman may terminate a pregnancy has returned to the states with the current Court’s implementation of Dobbs v. Jackson Woman’s Health.³ In Florida, the state government decided to reduce the gestational age for termination to fifteen weeks in July 2022, and further reduced the gestational age to six weeks in April 2023 provided that the Florida Supreme Court upholds the fifteen week ban.⁴ This note operates under the fifteen week standard …