Barry University
Texas Fifth Court of Appeals
Vanderbilt University Law School
University of Richmond
University of Missouri School of Law
Mzumbe University
University of Washington School of Law
Seattle University School of Law
University of Georgia School of Law
Universidad de La Salle, Bogotá
Masthead & Table Of Contents,
2023
Schulich School of Law, Dalhousie University
Caesar’S Gambit: Coherence, Justification Of Legal Rules, And The Duty Test: Towards An Interactional Theory Of Government Liability For Negligence In Disaster Management,
2023
University of Victoria
Caesar’S Gambit: Coherence, Justification Of Legal Rules, And The Duty Test: Towards An Interactional Theory Of Government Liability For Negligence In Disaster Management, Irehobhude O. Iyioha
Dalhousie Law Journal
This article examines barriers posed by the duty of care test for government liability for negligence in disaster management. It argues that various aspects of the test raise concerns about coherence, legitimacy of judicial decision-making, and ultimately how we justify liability in tort law. In examining the coherence of the duty test through multiple prisms, including through theoretical justifications for tort principles, this article contends that the duty test, in its framing and interpretations, fails to meet the formal and substantive demands of coherence, correctness and legitimacy. Arguing that justificatory theories offer necessary theoretical lenses through which to understand, critique, …
We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships,
2023
University of Washington School of Law
We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships, Harrison Simons
Washington Law Review Online
Taylor Swift could tell you a thing or two about record label drama. Artists like Swift who want to break into the big leagues and top the charts must rely on record labels’ deep pockets and institutional knowledge to do so. But artists, especially young ones, are often asked to sign deals with labels that leave them with little control over their careers. For many, the risk is worth the reward. However, many others come to regret their decision, with careers that languish or sputter out in label purgatory. Anyone with an ear for the music industry knows that artist-label …
The Common-Law Roots Of Materiality Under The False Claims Act,
2023
University of Cincinnati College of Law
The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich
University of Cincinnati Law Review
No abstract provided.
Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia,
2023
University of Indonesia
Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia, Lydia Azzahro Silparensi, Abdul Salam
Lex Patrimonium
Delivery service providers are a role that is needed, especially with the increase in e-commerce activity. However, the implementation of courier services is still lacking in overcoming these problems. As an effort to increase supervision while adapting it to consumer needs, an analysis was carried out using a normative juridical method by comparing the two institutions between Indonesia and Malaysia. Institutions in Malaysia are different from Indonesia which are under the auspices of the Ministry of Communication and Informatics, that the Malaysian Institution known as the Malaysian Communications and Multimedia Commission is an institution whose role is to oversee communication …
Editorial Foreword Ijsls Volume 2 Number 2,
2023
Universitas Indonesia
Editorial Foreword Ijsls Volume 2 Number 2, Sulistyowati Irianto
The Indonesian Journal of Socio-Legal Studies
No abstract provided.
Police-Generated Evidence In Bail Hearings: Generating Criminality And Mass Pretrial Incarceration In Canada,
2023
Schulich School of Law, Dalhousie University
Police-Generated Evidence In Bail Hearings: Generating Criminality And Mass Pretrial Incarceration In Canada, Jillian Rogin
Dalhousie Law Journal
Systemic racism in policing impacts many aspects of the criminal legal system including the system of judicial interim release. This paper traces the ways in which reliance on police-created evidence at bail hearings might contribute to mass pretrial incarceration in Canada which is disproportionately felt by Indigenous, Black, and marginalized people. The police synopsis and police-created criminal records are state knowledge created for state purposes. This state-created evidence in fact generates race and racialization; all of the structural inequalities built into the system of policing become relied on at bail hearings through police-created evidence which contributes to mass pretrial incarceration …
Is The Contempt Power Obsolete?,
2023
Penn State Dickinson Law
Is The Contempt Power Obsolete?, Nino C. Monea
Dickinson Law Review (2017-Present)
Contempt power has been with us for as long as we’ve had courts in this country. Through summary contempt proceedings, judges may imprison any person they deem insufficiently respectful to the authority of the court—with significantly less due process than a person would be entitled to under any other criminal offense. In theory, this is necessary to maintain order in the court. But in practice, summary contempt power is serially and seriously abused. Judges use incarceration to deal with piddling offenses or for no real reason at all. This Article argues that the concept of allowing judges nearly unbridled discretion …
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases,
2023
Office of the Lieutenant Governor of the U.S. Virgin Islands
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Fordham Law Review
This Essay utilizes the lens of postcolonial theory to analyze the development of U.S. Virgin Islands jurisprudence. This Essay asserts that the United States’s acquisition of the territory served the purpose of helping to construct an American narrative of moving from colony to colonial power that surpassed its European forebears. The colonial narrative is fractured by instances of the Supreme Court of the Virgin Islands re-narrating territorial space by utilizing legal principles that are informed by local cultural expressions. Consequently, Virgin Islands jurisprudence is transformed from “colonial dependent” to “postcolonial independent” based on intersectional, progressive principles.
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade,
2023
Stetson University College of Law
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade, Kristen David Adams
Fordham Law Review
In 2011, the Supreme Court of the U.S. Virgin Islands decided Banks v. International Rental & Leasing Corp. and, with that decision, introduced a new era in Virgin Islands jurisprudence that embraced a much more active role for Virgin Islands courts and a correspondingly diminished role for the American Law Institute’s restatements. This Essay examines what I will call “second-generation” decisions referencing Banks with the goal of determining whether Banks and its progeny have met, or are at least in the process of meeting, “the goal of establishing ‘an indigenous Virgin Islands jurisprudence’” set by the Banks court. Ultimately, this …
Rural America As A Commons,
2023
University of South Carolina School of Law
Rural America As A Commons, Ann M. Eisenberg
University of Richmond Law Review
With many ready to dismiss non-urban life as a relic of history, rural America’s place in the future is in question. The rural role in the American past is understandably more apparent. As the story of urbanization goes in the United States and elsewhere, the majority of the population used to live in rural places, including small towns and sparsely populated counties. A substantial proportion of those people worked in agriculture, manufacturing, or extractive industries. But trends associated with modernity—mechanization, automation, globalization, and environmental conservation, for instance—have reduced the perceived need for a rural workforce. Roughly since the industrial revolution …
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study,
2023
Trinity College
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
Senior Theses and Projects
The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …
Climate Discrimination,
2023
Peking University School of Transnational Law
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
Tort Theory And The Restatement, In Retrospect,
2023
Boston University School of Law
Tort Theory And The Restatement, In Retrospect, Keith N. Hylton
Faculty Scholarship
This is my third paper on the Restatement (Third) of Torts. In my first paper, The Theory of Tort Doctrine and the Restatement (Third) of Torts, I offered a positive economic theory of the tort doctrine that had been presented in the Restatement (Third) of Torts: General Principles, and also an optimistic vision of how positive theoretical analysis could be integrated with the Restatement project. In my second paper, The Economics of the Restatement and of the Common Law, I set out the utilitarian-economic theory of how the common law litigation process could generate optimal (efficient, wealth-maximizing) rules and compared …
Implied Organizations And Technological Governance,
2023
William & Mary Law School
Implied Organizations And Technological Governance, Shawn Bayern
William & Mary Law Review
Common law historically adapted creatively and gracefully to the emergence of new types of organizations. Today, statutory forms of organizations predominate. But statutory organizational forms may be ill-suited to govern the novel, loosely coupled, and rapidly changing organizations that can arise through distributed technological mechanisms. This Article suggests that the common law of implied organizations can be a fertile ground for legal responses to technological organizations and indeed may be important not just for regulating such organizations but for giving them important legal capabilities.
Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur,
2023
Campbell University Norman Adrian Wiggins School of Law
Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson
Washington Law Review
Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee “[t]hat all courts shall be open, and every person, for an injury done him in his person, property …
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights,
2023
University of Miami School of Law
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
University of Miami Inter-American Law Review
This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?,
2023
University of Miami School of Law
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet
University of Miami Inter-American Law Review
This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …
Implications Of Good Faith In Construction Contracts,
2023
American University in Cairo
Implications Of Good Faith In Construction Contracts, Nadine Rashed
Theses and Dissertations
The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …
Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery,
2023
The Graduate Center, City University of New York
Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers
Dissertations, Theses, and Capstone Projects
The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …
