Cornell Law School
University of Cincinnati College of Law
Pacific McGeorge School of Law
Touro University Jacob D. Fuchsberg Law Center
Georgetown University Law Center
University of Nevada, Las Vegas -- William S. Boyd School of Law
University of Arkansas at Little Rock William H. Bowen School of Law
University of Pennsylvania Carey Law School
Northwestern Pritzker School of Law
Pepperdine University
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady,
2023
Fordham University School of Law
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Fordham Law Review
Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System,
2023
University of Cincinnati College of Law
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
University of Cincinnati Law Review
No abstract provided.
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses,
2023
University of Cincinnati College of Law
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt
University of Cincinnati Law Review
Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal,
2023
Columbia Law School, Sabin Center for Climate Change Law
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi,
2023
Mississippi College School of Law
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, Mark J. Goldberg
Mississippi College Law Review
On July 1, 2019, the Landowners Protection Act (the “Act”) became effective in Mississippi. The Act modified existing law as to premises liability for failure to protect against the criminal acts of third-parties in two respects. First, a new Code section was enacted, granting property owners several protections from such claims. Second, Mississippi’s joint and several liability statute was amended to allow for apportionment of fault between premises owners and intentional tortfeasors, i.e., criminal actors.
In the debate leading to the Act’s passage, proponents of the legislation provided that it was intended to codify prior court rulings and ensure that …
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud,
2023
Fordham University School of Law
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, Jordan Hutt
Fordham Law Review
At a time when conversion therapy might seem archaic to many people, this practice remains prevalent across the United States and finds legal support in the halls of federal courthouses. In 2020, the U.S. Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton, held that two ordinances banning conversion therapy in Boca Raton and Palm Beach violated First Amendment free speech rights. Specifically, Otto held that conversion therapy bans were content-based restrictions subject to strict scrutiny. Conversely, the U.S. Courts of Appeals for the Third and Ninth Circuits’ prior decisions upheld conversion therapy bans …
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications,
2023
University of Michigan Law School
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins
Michigan Law Review
Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency,
2023
University of New Hampshire
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Play Like A Girl, Get Paid Like A… Man?,
2023
University of New Hampshire
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.
Change Is Growth: The Future Of The Ncaa And College Athletics,
2023
UNH Franklin Pierce School of Law
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
UNH Sports Law Review
No abstract provided.
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour,
2023
UNH Franklin Pierce School of Law
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
UNH Sports Law Review
No abstract provided.
A Breakdown Of Where Nil Currently Stands,
2023
University of New Hampshire
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
UNH Sports Law Review
No abstract provided.
The Role Of U.S. Government Regulatioms,
2023
Purdue University
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
Why Law Isn’T Jazz: A Response,
2023
University at Buffalo School of Law
Mutual Optimism And Risk Preferences In Litigation,
2023
Boston University School of Law
Mutual Optimism And Risk Preferences In Litigation, Keith N. Hylton
Faculty Scholarship
Why do some legal disputes fail to settle? From a bird’s eye view, the literature offers two categories of reasons. One consists of arguments based on informational disparities. The other consists of psychological arguments. This paper explores the psychological theory. It presents a model of litigation driven by risk preferences and examines the model’s implications for trials and settlements. The model suggests a foundation in Prospect Theory for the Mutual Optimism model of litigation. The model’s implications for plaintiff win rates, settlement patterns, and informational asymmetry with respect to the degree of risk aversion are examined.
Fee Shifting, Nominal Damages, And The Public Interest,
2023
University of Michigan
Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll
Law & Economics Working Papers
As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …
African Courts And International Human Rights Law,
2023
Brooklyn Law School
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability,
2023
University of Auckland School of Law
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
St. Mary's Law Journal
This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu,
2023
Universitas Indonesia
Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo
Journal of Indonesian Tourism and Policy Studies
Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …
