Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration,
2022
The American University in Cairo AUC
Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin
Theses and Dissertations
At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …
Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses,
2022
Seattle University School of Law
Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci
Seattle Journal of Technology, Environmental, & Innovation Law
The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …
Firearms And Toolmark Error Rates,
2022
University of Nebraska-Lincoln
Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry
Department of Statistics: Faculty Publications
We have outlined several problems with the state of error rate studies on firearm and toolmark examination. Fundamentally, we do not know what the error rate is for these types of comparisons. This is a failure of the scientific study of toolmarks, rather than the examiners themselves, but until this is corrected with multiple studies that meet the criteria described in Section 3, we cannot support the use of this evidence in criminal proceedings.
Juries, Democracy, And Petty Crime,
2022
Washington and Lee University School of Law
Juries, Democracy, And Petty Crime, John D. King
Scholarly Articles
The right to trial by jury in criminal cases is basic to the design of American criminal justice and to the structure of American government. Guaranteed by Article III of the Constitution, the Sixth Amendment, and every one of the original state constitutions, the criminal jury was seen as critically important not only to the protection of individual rights but also to the architecture of American democracy. The vast majority of criminal prosecutions today, however, are resolved without even the prospect of community review by a jury. Despite the textual clarity of the guarantee, the Supreme Court has long recognized …
Do Seven Members Of Congress Have Article Iii Standing To Sue The Executive Branch?: Why The D.C. Circuit’S Divided Decision In Maloney V. Murphy Was Wrongly Decided In Light Of Two Prior District Court Decisions And Historical Separation Of Powers Jurisprudence,
2022
University of Cincinnati College of Law
Do Seven Members Of Congress Have Article Iii Standing To Sue The Executive Branch?: Why The D.C. Circuit’S Divided Decision In Maloney V. Murphy Was Wrongly Decided In Light Of Two Prior District Court Decisions And Historical Separation Of Powers Jurisprudence, Bradford Mank
Faculty Articles and Other Publications
The D.C. Circuit’s divided decision in Maloney v. Murphy granting standing to minority party members of the House Oversight Committee appears questionable in light of two prior district court decisions in Waxman and Cummings that had denied standing in similar circumstances. Most importantly, Maloney is inconsistent with Supreme Court precedent regarding standing for individual members of Congress. In Raines v. Byrd, the Supreme Court held that individual members of Congress generally do not have standing to enforce institutional congressional interests such as whether a statute is constitutional, but that one or both Houses of Congress must sue as an institution. …
How Rhetoric Reveals Judicial Motives In Employment Discrimination Cases,
2022
University of Tennessee College of Law
How Rhetoric Reveals Judicial Motives In Employment Discrimination Cases, Susan E. Provenzano
Tennessee Law Review
Employment discrimination plaintiffs tend to lose on summary judgment. In these cases, judges are acting like juries and undermining anti-discrimination legislation while paying lip service to the law and the judicial role. How and why are courts doing this? Legal scholars blame bad doctrine and biased judging. But neither one tells the full story. The tell is in the opinions' strategic use of language, which shows how the court, as an institution, "sized up" the case and the motives of key actors the parties, the lawmakers, other courts, and the court itself. Conducting the first-ever rhetorical analysis of this problem, …
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment,
2022
Catholic University of America (Student)
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Catholic University Journal of Law and Technology
No abstract provided.
Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation,
2022
Seattle University School of Law
Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation, Michael M. Epstein
Seattle University Law Review
This article begins with an introduction discussing speech falsity and the duty under U.S. law by comparing commercial and noncommercial speech. Part I explores the problem of online disinformation. Part II addresses online disinformation in a non-commercial context. Part III contains three subsections assesses non-transactional commercial speech as a basis for non-commercial disinformation regulation. Part IV advocates for a fiduciary duty to fashion a remedy. Part V of this article concludes by suggesting a possible solution for creating a online disinformation law that could survive the First Amendment.
Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During Covid-19,
2022
Suffolk University Law School
Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During Covid-19, Mary Levine
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Right To A Speedy Trial For All, Unless You’Re Incarcerated: How Sixth Amendment Jurisprudence Allows For Prolonged Isolation—United States V. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019),
2022
Suffolk University Law School
Right To A Speedy Trial For All, Unless You’Re Incarcerated: How Sixth Amendment Jurisprudence Allows For Prolonged Isolation—United States V. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019), Madison Carvello
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents,
2022
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery,
2022
Suffolk University Law School
Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery, Allison Eddy
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents,
2022
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Brief Of Amici Curiae In Support Of Defendants-Appellees: Braidwood Management V. Eeoc,
2022
Washington and Lee University School of Law
Brief Of Amici Curiae In Support Of Defendants-Appellees: Braidwood Management V. Eeoc, Suzette Malveaux
Scholarly Articles
Amici are law professors with expertise in the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure. Amici have written extensively about class action litigation, including the use of class actions in civil rights cases seeking declaratory or injunctive relief. Together, we share an interest in ensuring that the Federal Rules of Civil Procedure continue to be construed so as to ensure the “just, speedy and inexpensive determination of every action and proceeding.” FED. R. CIV. P. 1.
Table Of Contents,
2022
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Foreword,
2022
Seattle University School of Law
Legal And Market Initiatives To Increase Diversity In Corporations—A Cross-Jurisdictional Analysis,
2022
Seattle University School of Law
Legal And Market Initiatives To Increase Diversity In Corporations—A Cross-Jurisdictional Analysis, Akshaya Kamalnath
Seattle University Law Review
This Article will critically examine various legal and market initiatives to increase diversity in corporations, with the aim of assessing their effectiveness. The initiatives explored in this Article include quota laws in Europe (including recent amendments in France and Germany which introduce quotas for executive director positions) and California; disclosure laws in the U.S., Nasdaq, and U.K.; and initiatives by institutional investors. The main argument this Article makes is that both quotas and quantitative disclosures do not provide the right incentives for corporations to make genuine efforts to improve diversity. The alternative this Article proposes is not to simply leave …
The Justiciability Of Cancelled Patents,
2022
Chicago-Kent College of Law
The Justiciability Of Cancelled Patents, Greg Reilly
Washington and Lee Law Review
The recent expansion of the Patent Office’s power to invalidate issued patents raises a coordination problem when there is concurrent litigation, particularly where the federal courts have already upheld the patent’s validity. The Federal Circuit has concluded that Patent Office cancellation extinguishes litigation pending at any stage and requires vacating prior decisions in the case. This rule is widely criticized on doctrinal, policy, and separation of powers grounds. Yet the Federal Circuit has reached (almost) the right outcome, except for the wrong reasons. Both the Federal Circuit and its critics overlook that the Federal Circuit’s rule reflects a straightforward application …
Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation,
2022
University of Kentucky
Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation, Andrew J. Biggs
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Driving Diverse Representation Of Diverse Classes,
2022
University of Michigan Law School
Driving Diverse Representation Of Diverse Classes, Alissa Del Riego
University of Michigan Journal of Law Reform
Why have federal courts overwhelmingly appointed white men to represent diverse consumer classes? Rule 23(g) of the Federal Rules of Civil Procedure requires courts to appoint the attorneys “best able to represent the interests of class members” to serve as class counsel. But courts’ recurrent conclusion that white men best fit the federally mandated job description not only gives the appearance of discrimination, but harms class members that suffer from outcomes plagued by groupthink and cognitive biases. This Article sets out to uncover why white male repeat players continue to dominate class counsel appointments and proposes a practical and immediately …
