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Inheritance Crimes, David Horton, Reid Kress Weisbord 2021 University of Washington School of Law

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For ...


Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry 2021 Howard University School of Law

Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry

University of Cincinnati Law Review

No abstract provided.


Civil Disobedience From A Biblical Perspective, Gabriel Reed 2021 Liberty University

Civil Disobedience From A Biblical Perspective, Gabriel Reed

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of ...


Lawyers Response To Covid-19 Infodemic On Social Media, Jibran Jamshed 2021 The Islamia University of Bahawalpur, Pakistan

Lawyers Response To Covid-19 Infodemic On Social Media, Jibran Jamshed

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to examine and analyze the skills and practices of lawyers in response to the misinformation/Infodemic of COVID-19 on Social Media platforms.

Research Methodology: In this quantitative study an online survey was conducted among lawyers in Pakistan. The population of the study was made up of practicing lawyers from different District Bar Associations in Pakistan. A questionnaire was distributed to collect data regarding demographic information, use of social media, response to misinformation about COVID-19 on social media and to identify the methods employed by lawyers to check the authenticity of such information ...


Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley 2021 Villanova University Charles Widger School of Law

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal

No abstract provided.


Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin 2021 Villanova University Charles Widger School of Law

Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin

Villanova Environmental Law Journal

No abstract provided.


Deodand, Brian L. Frye 2021 University of Kentucky College of Law

Deodand, Brian L. Frye

Seattle University Law Review SUpra

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance ...


Climate Torts: It’S A Conspiracy!, Joseph Manning 2021 Boston College Law School

Climate Torts: It’S A Conspiracy!, Joseph Manning

Boston College Law Review

As public concern about climate change grows, so does frustration with the federal government’s inability to develop a strategy for reducing greenhouse gas emission. Consequently, in the past decade, multiple states and municipalities have filed lawsuits seeking to address climate change through common law claims, such as public nuisance. Courts, however, dismissed many of these suits because the Supreme Court held in 2011, in American Electric Power Company v. Connecticut, that the Clean Air Act governs greenhouse gas emissions and therefore displaces the common law as a cause of action. Despite this unfavorable precedent, the past three years produced ...


The Legal System Of Charities And Other Social Entities In Jordan, Mwaffaq Almahameed 2021 Al al-Bayt University, Mafraq, The Hashemite Kingdome of Jordan

The Legal System Of Charities And Other Social Entities In Jordan, Mwaffaq Almahameed

Journal Sharia and Law

The 1966 Jordanian Charities and Other SocialEntities law No (33) and its subsequent modifications regulates and overseesall matters related to the registration and practice of charities and socialgroups. Moreover, the 1985 Income Tax Law No. (57) and its modifications holds a series of incentives directed towards charities and other socialgroups; these incentives which include income derived from non profit activities, subscriptions and grants are ceded special treatment in the form of deductions that must not go beyond a certain percentage of the total taxed income. That being the case, it is necessary to identify the meaning of the terms “charities ...


Transparency In Public Procurement Rules And Processes In The State Of Qatar (A Comparative Study With The Uncitral Procurement Model Law), Hasan Abdul-Raheem Al-Sayyid 2021 Faculty of Law - University of Qatar

Transparency In Public Procurement Rules And Processes In The State Of Qatar (A Comparative Study With The Uncitral Procurement Model Law), Hasan Abdul-Raheem Al-Sayyid

Journal Sharia and Law

Procurement Model Law, which was adopted by the United Nations Committee on InternationalTrade Law (UNCITRAL). The study aims to draw a comparison between the UNCITRAL Procurement Model Law and the Qatari Public Procurement Law (Tenders Law). The study raises a number of pertinent questions and issues such as the question of whether the Qatarilawgives sufficient consideration to the transparency principles in procurement processes or not. Does the Qatarilawmeet the standards of transparency adopted by the UNCITRAL Model Law? Finally, does the Qatari Law include well-built provisions that prevent corruption, protect public assets and promote confidence in procurement processes?

To answer ...


The Common Law Of Access And Surface Use In Mining, Donald N. Zillman, J. Russell Tyler Jr. 2021 University of Utah

The Common Law Of Access And Surface Use In Mining, Donald N. Zillman, J. Russell Tyler Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


The Balance Between The Individual's Right To Property And The Requirements Of The Administration In The Provision Of Public Service: A Comparative Study, Mohamed Hamly 2021 Lecturer, University of Abu Bakr Belqayd, Tlemcen, Algeria

The Balance Between The Individual's Right To Property And The Requirements Of The Administration In The Provision Of Public Service: A Comparative Study, Mohamed Hamly

Journal Sharia and Law

In order to exercise its functions efficiently, the public administration possesses several areas of expertise, among them is the expropriation for the reason of public utility. It represents a major danger to the right of private property; it has been surrounded by several arrangements; included in the law n° 91-11, and put in execution by the decree ministerial n° 93-186, in order to establish a balance between the individual's right to the private property and the requirements of the public service. Indeed, the above stated legal texts could regulate many operations of expropriation during one decade and half. Nevertheless ...


Provisions Of The Penalty Of Community Service In The Algerian And The French Legal Systems: A Comparative Study, M’hamedi Bouzina Amina 2021 Lecturer, Department of Law and Political Science, Hassiba Ben Bouali-Chlef University; Law and Human Security Lab- Algeria

Provisions Of The Penalty Of Community Service In The Algerian And The French Legal Systems: A Comparative Study, M’Hamedi Bouzina Amina

Journal Sharia and Law

The penalty of community service is a new system put in place of alternative penalties for short-term sentences. Some countries have adopted it as pilot program in order to find the most effective ways to rehabilitate the offenders and ensure that they don’t return to committing crimes. Contemporary legislation, including the French, which adopted this system of community service under Law No. 09/01, the French legislator tried to develop a semi-integrated system in the framework of the punishment, which is one of the best models that have been successful in the application of the penalty of community service ...


Basic Rules Of The General Budget In The Light Of Uae Federal Legislation, Mohamed Ibrahim El Shafei 2021 Associate Professor of Economics and Public Finance, Faculty of Law, University of Sharjah, Professor of Economics and Public Finance, Faculty of Law, Ain Shams University.

Basic Rules Of The General Budget In The Light Of Uae Federal Legislation, Mohamed Ibrahim El Shafei

Journal Sharia and Law

In the light of recent economic and financial development on national and international levels, UAE has adopted a new approach in the preparation of the public budget based on two axes: the first is programs and performance budget to be prepared on an annual basis, and the other is a zero-budget medium term to be prepared every three years.

The objective of this study is to shed light on the most important rules concerning preparation and implementation of the public budget with reference to the Emirati legislation. The study also aimed at clarifying the nature of budget adopted by the ...


Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill 2021 University of St. Thomas, Minnesota

Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch 2021 Seattle University School of Law

Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch

Seattle University Law Review

U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular, continuous period to perform work for an employer who maintains control over both the service details and the final product.” In contrast, an independent contractor is generally defined as “a worker who performs services for others, usually under contract, while at the same time retaining economic independence and complete control over both ...


Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting 2021 Seattle University School of Law

Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting

Seattle University Law Review

In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce ...


The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio 2021 Seattle University School of Law

The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio

Seattle University Law Review

Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled ...


Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker 2021 Seattle University School of Law

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Seattle University Law Review

One only has to turn on the television or read the newspaper to see news story after news story reporting instances of women facing harassment, discrimination, or assault while at work. The “Me Too” and “Time’s Up” campaigns have brought many of these issues to the forefront and have shown that women are fighting to be respected and demanding equal treatment. Although this fight for equal protection is ongoing, many women, such as those in lower-paying service industries, are still unable to protect themselves from sexual harassment, discrimination, and assault, as they do not have the support or power ...


School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani 2021 Seattle University School of Law

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


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