Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

517,993 Full-Text Articles 206,059 Authors 276,488,015 Downloads 439 Institutions

All Articles in Law

Faceted Search

517,993 full-text articles. Page 1 of 9371.

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie 2022 The American University in Cairo AUC

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space ...


How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Cincinnati College of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.

T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.


America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti 2022 Seton Hall University

America’S Health Is Deteriorating As The Arts Industry Struggles To Survive The Covid-19 Pandemic, Renee Mariotti

Law School Student Scholarship

No abstract provided.


Deinstitutionalizing The “New Asylums”: Telepsychiatry In The United States Correctional System, Michelle Amartey 2022 Seton Hall University

Deinstitutionalizing The “New Asylums”: Telepsychiatry In The United States Correctional System, Michelle Amartey

Law School Student Scholarship

No abstract provided.


The Benefits And Challenges Of Expanding Access To Noninvasive Prenatal Testing (Nipt) Through Public Health Efforts, Maryam Farzad Hassimi, PhD 2022 Seton Hall University

The Benefits And Challenges Of Expanding Access To Noninvasive Prenatal Testing (Nipt) Through Public Health Efforts, Maryam Farzad Hassimi, Phd

Law School Student Scholarship

No abstract provided.


“Locker Room Talk” Or Sexual Harassment? The Push For A Federal Modification Of The Severe Or Pervasive Standard, Janine Dayeh 2022 Seton Hall University

“Locker Room Talk” Or Sexual Harassment? The Push For A Federal Modification Of The Severe Or Pervasive Standard, Janine Dayeh

Law School Student Scholarship

No abstract provided.


A Common Legislative Framework: The Right Approach For In Vitro Clinical Tests, Gaozhen Hang 2022 Seton Hall University

A Common Legislative Framework: The Right Approach For In Vitro Clinical Tests, Gaozhen Hang

Law School Student Scholarship

No abstract provided.


Achieving Parity Of Coverage Between Mental And Physical Health Care, Erica A. Fishel 2022 Seton Hall University

Achieving Parity Of Coverage Between Mental And Physical Health Care, Erica A. Fishel

Law School Student Scholarship

No abstract provided.


Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform, Katharine A. Van Tassel, Sharona Hoffman 2022 Case Western University School of Law

Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform, Katharine A. Van Tassel, Sharona Hoffman

Faculty Publications

This chapter argues that the potential for vaccine-related harms raises acute concerns for vulnerable populations. These harms have a disparate impact on low-income people, who are disproportionately non-White, and who have limited financial resources to obtain medical care, weather job losses, and pursue injury compensation. When a vaccine is given as a countermeasure during a declared public health emergency (PHE), the problem is acute because of the limited availability of injury compensation.


Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman 2022 Case Western University School of Law

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause ...


No Shot, No School: The Case For Eliminating The Religious Exemption To Mandatory Vaccinations, Marc L. Rein 2022 Seton Hall University

No Shot, No School: The Case For Eliminating The Religious Exemption To Mandatory Vaccinations, Marc L. Rein

Law School Student Scholarship

No abstract provided.


Unchartered: The Future Of Pennsylvania’S Public Schools Depends On The Elimination Of Charter Schools From System, Patricia Kane O’Connor 2022 Seton Hall University

Unchartered: The Future Of Pennsylvania’S Public Schools Depends On The Elimination Of Charter Schools From System, Patricia Kane O’Connor

Law School Student Scholarship

No abstract provided.


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry 2022 Saint Louis University School of Law

Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry

All Faculty Scholarship

This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...


Pharmacy Benefit Managers: What Are The Real Costs Behind-The-Counter?, Gabrielle Landes 2022 Seton Hall University

Pharmacy Benefit Managers: What Are The Real Costs Behind-The-Counter?, Gabrielle Landes

Law School Student Scholarship

No abstract provided.


Sudan’S Momentous Summer: How Al-Rahman’S Arrest Foretells Sudanese Cooperation With The Icc And What That Means For The Darfur Victims, Sara Hirshon 2022 Seton Hall University

Sudan’S Momentous Summer: How Al-Rahman’S Arrest Foretells Sudanese Cooperation With The Icc And What That Means For The Darfur Victims, Sara Hirshon

Law School Student Scholarship

No abstract provided.


Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor of Constitutional Law 2022 Wayne State University Law School

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Robert Cover's metaphor of law as a bridge to an imagined future emphasizes the forward-facing character of law. But this is often obscured by law's backward-looking practice. The pathologies of contemporary judicial methodologies such as textualism distort the meaning and operation of law. Law has a distinctive temporal structure—an ontology—that defines it as a social institution. It knits together past, present, purpose, and projected future into a demand for action. Neglect one element of the complex dynamic and the bridge to an imagined future becomes what Václav Havel describes as “a bridge of excuses.” Law lives ...


How New Jersey Can Mitigate Climate Change On Its Coasts Through Nuisance-Based Restrictions On Development, Jennifer Garster 2022 Seton Hall University

How New Jersey Can Mitigate Climate Change On Its Coasts Through Nuisance-Based Restrictions On Development, Jennifer Garster

Law School Student Scholarship

No abstract provided.


Student-Athlete Endorsement Deals And The Beginning Of The Name, Image, And Likeness Era For College Athletics, Christopher Scerbo 2022 Seton Hall University

Student-Athlete Endorsement Deals And The Beginning Of The Name, Image, And Likeness Era For College Athletics, Christopher Scerbo

Law School Student Scholarship

No abstract provided.


Recognizing A Need For New Jersey Legislative Change: Ensuring The Provision Of Comprehensive School-Based Physical Therapy Intervention As Commander Under The Individuals With Disabilities Education Act Is An Important Step In The Mitigation Of A Public Health Concern, Dana Sealander 2022 Seton Hall University

Recognizing A Need For New Jersey Legislative Change: Ensuring The Provision Of Comprehensive School-Based Physical Therapy Intervention As Commander Under The Individuals With Disabilities Education Act Is An Important Step In The Mitigation Of A Public Health Concern, Dana Sealander

Law School Student Scholarship

No abstract provided.


Digital Commons powered by bepress