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The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. McCann, Craig Hemmens 2018 Texas A&M University-San Antonio

The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications (Archived)

This study assesses the authorship of legal scholarship within 20 criminology and criminal justice (CCJ) journals from 2005 through 2015, examining trends over time and variation across journals in the prevalence of sole-authorship and the mean number of authors and identifying the most prolific authors of legal scholarship published in CCJ journals. The study thus sheds light on the extent of collaboration among CCJ legal scholars and identifies CCJ legal scholars who have remained largely invisible due to their focus on a marginalized subfield.


The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson 2018 National Center on Sexual Exploitation

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …


Pepperdine Law Review Masthead, Cameron Fraser 2018 Pepperdine University

Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore 2018 Belmont University - College of Law

The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …


Crafting Relatable Tales: Teaching Students The Importance Of Multidisiplinary Legal Research Using A Story Arc Structure, Paul Jerome McLaughlin Jr. 2018 Florida A&M University College of Law

Crafting Relatable Tales: Teaching Students The Importance Of Multidisiplinary Legal Research Using A Story Arc Structure, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.


Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Jerome McLaughlin Jr. 2018 Florida A&M University College of Law

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.


Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson 2018 Chicago-Kent College of Law

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

All Faculty Scholarship

No abstract provided.


Micro Essay, Alex Zhang 2018 Washington and Lee University School of Law

Micro Essay, Alex Zhang

Scholarly Articles

Ideally, you would want a database that contains everything possible. But life is not perfect, especially when you are already stranded on a deserted island. I would take a magic citator service, which provides the subseque nt history of every single primary source of law: not just cases, statutes, or regulations, but all agency decisions, trial court orders, municipal codes, and ethics opinions, etc. The one that is not only a citation index of legal resources but a “citation index” w/2 (legal-rule! or legal-standard!). May my wish come true (citator % “deserted island!”).


Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual 2018 University of Florida Levin College of Law

Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual

College of Law Faculty Scholarship

No abstract provided.


Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul McLaughlin 2018 University of Tennessee College of Law

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Scholarly Works

No abstract provided.


Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page 2018 Mercer University School of Law

Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page

Articles

While President Trump is often called a liar and various commentators have analyzed his rhetorical approach, little has been said about storytelling's role in his wins and losses. Trump’s narratives about legal issues enjoy wild success with his supporters, amuse some critics, and terrify others. Thus far into his presidency, his legal narratives have often failed with courts. With nearly sixty-three million American voters backing Trump, scholars and students of persuasion cannot ignore his successes. However, with over sixty-five million Americans voting against him and various court’s ruling against him, scholars and students of persuasion also cannot ignore his failures. …


Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul McLaughlin 2018 University of Tennessee College of Law

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul McLaughlin, Crafting Relatable Tales: Teaching Students the Importance of Multidisciplinary Legal Research Using a Story Arc Structure, 43 Southeastern L. Libr. 1, 16-18 (2018).


Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik 2018 Mercer University School of Law

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik

Articles

Skynet is not and may never be self-aware, but machines are al-ready doing legal research, drafting legal documents, negotiating disputes such as traffic tickets and divorce schedules, and even drafting patent applications. Machines learn from us, and each other, to augment the ability of lawyers to represent clients—and even to replace lawyers completely. While it also threatens lawyers’ jobs, the exponential increase in the capacity of machines to transmit, store, and process data presents the opportunity for lawyers to use these services to provide better, cheaper, or faster legal representation to clients. By way of familiar example, instead of determining …


No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro 2018 University of Kentucky

No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro

Belmont Law Review

This Article’s thesis is simple—because public university administrators are no more angelic than other constitutional actors are, the judiciary’s deference to higher education officials must end. There is no reason for greater deference to the academy than to other governmental units. Instead, judges must subject higher education administrators to the same skepticism and doubt as other constitutional actors. This Article has three parts. Part I examines how the Courts treat academe’s constitutional actors more deferentially than constitutional actors in other spheres. Specifically, it discusses different approaches concerning racial preferences, student religious groups’ freedom of association, and due process for students …


The Problem Of Intradistrict Inequality, Kristen E. Murray 2018 Temple University - James E. Beasley School of Law

The Problem Of Intradistrict Inequality, Kristen E. Murray

Belmont Law Review

American elementary and secondary school students have dramatically different educational experiences depending on the school in which they are enrolled. This raises an important question: where should we look to determine where any inequalities might lie? This Article discusses five different factors that contribute to inequalities within school districts. Part I addresses each of these in turn: school segregation; resource inequalities; gaps in private fundraising; school district secession; and the limitations of school choice. Taken together, these factors suggest that intradistrict inequalities create a complicated and difficult problem to solve. It is therefore imperative that if we are going to …


Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez 2018 University of Mississippi

Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez

Belmont Law Review

In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …


Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell 2018 Belmont University - College of Law

Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell

Belmont Law Review

In determining whether an officer’s use of the Emergency function of a phone is a search, it is important first to lay a foundation for why the Constitution provides protection against searches in the first place. Part I of this Note will provide a brief overview of why the Fourth Amendment was adopted, and what rights it is intended to protect. Next, it is impossible to know whether use of Emergency would qualify as a search unless we know how a search is defined. Part II of this Note will examine the tests that have developed over the years, namely …


Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein 2018 Belmont University - College of Law

Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein

Belmont Law Review

This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note …


Front Matter, 2018 St. Thomas University College of Law

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 31, Issue 1, Fall 2022.


The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater 2018 University of California - Irvine School of Law

The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater

Belmont Law Review

Too often, discussion of how best to promote greater and more equitable access to higher education in the United States centers on a single set of challenges when in fact they are many, varied, and interrelated. There is the challenge of student diversity: the student body at the most elite institutions does not look like the population of the nation as a whole. There is the burden of cost: the price of higher education both deters potential students and burdens those who must borrow to enroll, whether they graduate or not. There are disturbing disparities in standardized test scores: the …


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