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One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr 2019 University of New Hampshire School of Law

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.


Has Regulation Affected The High Frequency Trading Market?, Kevin O'Connell 2019 Catholic University of America (Student)

Has Regulation Affected The High Frequency Trading Market?, Kevin O'Connell

Catholic University Journal of Law and Technology

As technology rapidly advances society, there are a few industries that have not been drastically impacted by disruptive technology. The financial markets are no different. Over the past ten years, algorithmic trading has quickly revolutionized the financial markets and continues to dominate an industry that for many years remained largely uninfluenced by society’s technological advances. Algorithmic trading is “a type of trading done with the use of mathematical formulas” and market data “run by powerful computers” to execute trades. One of the most commonly used platforms of algorithmic trading is high frequency trading. High frequency trading (“HFT”) uses a computerized …


A Fresh View On The Hard/Soft Law Divide: Implications For International Insolvency Of Enterprise Groups, Irit Mevorach 2019 University of Nottingham

A Fresh View On The Hard/Soft Law Divide: Implications For International Insolvency Of Enterprise Groups, Irit Mevorach

Michigan Journal of International Law

It is the orthodox belief that treaties and—within the EU—directly applicable regulations represent hard, binding international law, while other international instruments—including model laws—are forms of soft law. In a previous publication(The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps), I discussed how the traditional distinction between hard and soft law is less firm, due particularly to economic and behavioural implications of instrument choice and design. Building on that analysis, this Article focuses on the new rules for the international insolvency of enterprise groups in the Recast EU Insolvency Regulation 2015 (the “EIR”) and in the forthcoming UNCITRAL model law …


The Equal Rights Amendment Revisited, Bridget L. Murphy 2019 Notre Dame Law School

The Equal Rights Amendment Revisited, Bridget L. Murphy

Notre Dame Law Review

This Note proceeds in three Parts. Part One chronicles the history of the Equal Rights Amendment, from the original attempt at passage through the various reiterations thereafter. Part Two describes the legal background, including constitutional and legislative protection against discrimination on the basis of sex. Part Three of this Note then demonstrates that a faithful understanding of the existing constitutional and legislative protections reveals inherent weaknesses. Specifically, the original understanding of the Fourteenth Amendment did not contemplate protection from sex-based discrimination, and the word “sex” as a prohibited basis for discrimination in Title VII was added as a last-minute attempt …


Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo 2019 Wayne State University

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Sivaprasad Wadhia 2019 Notre Dame Law School

Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Sivaprasad Wadhia

Journal of Legislation

No abstract provided.


State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme 2019 University of San Diego

State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth 2019 University of San Diego

Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone 2019 Marquette University Law School

Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone

Marquette Intellectual Property Law Review

In this comment, I use Wis. Stat. Ann. § 100.197 (“Wisconsin’s anti-PAE statute”) to demonstrate the significant degree to which the Federal Circuit’s current preemption regime restricts states’ abilities to regulate the behavior of PAEs. In Part II, I summarize Wisconsin’s legislative response to PAEs. In Part III, I contrast the Federal Circuit’s preemption doctrine and the Supreme Court’s doctrine as it relates to state laws similar to anti-PAE statutes. Paying particular attention to Wisconsin’s patent notification statute, I provide a brief preemption analysis in Part IV. Finally, in Part V, I conclude by arguing that the severe consequences of …


Key, 2019 University of San Diego

Key

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen 2019 University of San Diego

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Angela O'Hara, Debra Jorgensen 2019 University of San Diego

Medical Board Of California, Angela O'Hara, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme 2019 University of San Diego

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth 2019 University of San Diego

Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Masthead, 2019 University of San Diego

Masthead

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Shana Sobel, Debra Jorgensen 2019 University of San Diego

Board Of Registered Nursing, Shana Sobel, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Kids Say The Darndest Things: Minors And The Internet, Emily DiRoma 2019 Benjamin N. Cardozo School of Law

Kids Say The Darndest Things: Minors And The Internet, Emily Diroma

Cardozo Law Review de•novo

This Note argues that due to the inherent failures of COPPA and the ever rising online presence of both teenagers and minors, the FTC should expand COPPA to include eraser and advertisement protection provisions similar to those found in SB 568 in order to further ensure the protection teenagers and minors online.


The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales 2019 Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University

The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales

Reports & Public Policy Documents

On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare.

In this article, we identify both the improvements in Bill C-92 since our last report as well as key problems that remain in the five following areas: 1) National Standards 2) Jurisdiction 3) Funding 4) Accountability 5) Data Collection We also suggest strategies to assist Indigenous communities in …


A Safe Harbor In The Opioid Crisis: How The Federal Government Should Allow States To Legislate For Safe Injection Facilities In Light Of The Opioid Public Health Emergency, Amber A. Leary 2019 Brooklyn Law School

A Safe Harbor In The Opioid Crisis: How The Federal Government Should Allow States To Legislate For Safe Injection Facilities In Light Of The Opioid Public Health Emergency, Amber A. Leary

Brooklyn Law Review

Opioid addiction is wreaking havoc across the United States, leading to a shocking number of overdoses and deaths. This epidemic has prompted the Trump Administration to declare opioid abuse a public health emergency and to call for increases in evidence-based treatment for those addicted to harmful opioids. To combat this epidemic, some cities have embraced one such evidence-based treatment plan—safe injection facilities—which are infirmaries where drug users can inject pre-obtained drugs under the supervision of nurses or overdose reversal specialists who can respond in real time to prevent overdose and death. Though safe injection facilities outside the United States have …


An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne 2019 Claremont Colleges

An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne

Scripps Senior Theses

Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …


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