Globalization, Rights And Judicial Review In The Supreme Court Of India,
2016
University at Buffalo School of Law
Globalization, Rights And Judicial Review In The Supreme Court Of India, Manoj Mate
Journal Articles
This article examines the broader and evolving role of the Supreme Court of India in an era of globalization by examining the Court’s decisionmaking in rights-based challenges to economic liberalization, privatization, and development policies over the past three decades. While the Court has been mostly deferential in its review of these policies and projects, it has in many cases been active and instrumental in remaking and reshaping regulatory frameworks, bureaucratic structures, accountability norms, and in redefining the terrain of fundamental rights that non-governmental organizations (NGOs) and other litigants have invoked in challenges to these policies. This article argues that the …
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958,
2016
California State University - San Bernardino
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson
Electronic Theses, Projects, and Dissertations
The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.
Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts,
2016
Arent Fox LLP
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold
Michigan Law Review Online
Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit domestic violence against a spouse or partner in Indian country if the …
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa,
2016
University of Michigan Law School
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
Michigan Law Review
Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …
Brief Of Amici Curiae Intellectual Property Law Professors,
2016
Notre Dame Law School
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna
Court Briefs
No. 15-14889
Edward Lewis Tobinick v. Steven Novella
Appeal from the United States Distric Court for the Southern District of Florida, Case No.: 9:14-cv-80781-RLR (Hon. Robin L. Rosenber)
[Including the] Motion for Leave to File Brief of Amici Curiae Intellectual Property Law Professors, Nov. 30, 2015.
From the Summary of Argument
The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”
Newsroom: Yelnosky On Judicial Selection, 5/23/2016,
2016
Providence Journal
Newsroom: Yelnosky On Judicial Selection, 5/23/2016, Roger Williams University School Of Law, Edward Fitzpartick
Life of the Law School (1993- )
No abstract provided.
When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits,
2016
University of Cincinnati College of Law
When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett
University of Cincinnati Law Review
No abstract provided.
Proposals For Resolving Reservation Residents' Bail Catch-22: A Case Study Of The St. Regis Mohawk Indian Reservation & The Town Of Bombay, New York, John C. Carroll
American Indian Law Journal
No abstract provided.
Guide For Tribal Appeals By Pro Se Litigants And Lay Advocates,
2016
Seattle University School of Law
Guide For Tribal Appeals By Pro Se Litigants And Lay Advocates, Gregory D. Smith
American Indian Law Journal
No abstract provided.
Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable,
2016
University of Georgia School of Law
Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel
Georgia Journal of International & Comparative Law
No abstract provided.
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S,
2016
University of Georgia School of Law
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?,
2016
University of Ife Nigeria
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Silence Gives Consent,
2016
International Court of Justice
Silence Gives Consent, Phillip C. Jessup
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany,
2016
University of Georgia School of Law
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization,
2016
International Labor Organization
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Languishing Public Safety Doctrine,
2016
University of Arkansas, Fayetteville
The Languishing Public Safety Doctrine, Brian Gallini
School of Law Faculty Publications and Presentations
Every semester, law students across the country read New York v. Quarles in criminal procedure. The Supreme Court’s 1984 decision in Quarles established the public safety exception—the first and only exception to the requirements of Miranda v. Arizona. But at the time of Quarles’s issuance, no one could have predicted just how long it would sit untouched by the Supreme Court. Application of Quarles to high profile defendants like James Holmes and Dzhokhar Tsarnaev illustrate the need for more clarity in the context of applying the public safety exception.Mores specifically, those cases demonstrate why the Supreme Court needs to re-examine …
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications,
2016
University of Richmond
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Richmond Journal of Law and the Public Interest
This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter,
2016
University of Arkansas, Little Rock
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield
Journal of Food Law & Policy
About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care,
2016
Southern Center for Human Rights
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty
Michigan Journal of Race and Law
The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation,
2016
Orleans Public Defenders
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold
Michigan Journal of Race and Law
At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a …
