Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

467,813 Full-Text Articles 178,410 Authors 178,014,929 Downloads 413 Institutions

All Articles in Law

Faceted Search

467,813 full-text articles. Page 2 of 8039.

Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila-Ruhaak 2019 John Marshall Law School

Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

The IHRC has investigated the human rights abuses arising out of the environmental injustices imposed on communities in the southern municipalities of Puerto Rico that represent violations of international human rights, and specifically of the International Covenant on Civil and Political Rights (“ICCPR”). Since 1994, Applied Energy Systems (“AES”), a private American energy company, has been responsible for continued coal ash contamination of the southern coastal region of Puerto Rico.[i] AES coal-fired power plants in Puerto Rico have released toxic amounts of coal ash into the air and water, negatively impacting air quality and drinking water for residents in ...


Ballasted: Stabilizing Ships And Destabilizing Seas, Tracie S. Barry 2019 University of Washington, Tacoma

Ballasted: Stabilizing Ships And Destabilizing Seas, Tracie S. Barry

Access*: Interdisciplinary Journal of Student Research and Scholarship

This article critically assesses the history of ballast water as a vector for invasive species, management, current regulations and technological advancements in water treatment. The transport of invasive species is a global threat to ecosystems as well as economies. Ballast water, used to stabilize ships has been implicated in the spread of invasive species, including zebra mussels and harmful algal species. In 2017, the International Convention for the Control of and Management of Ship’s Ballast water and Sediments, in an effort to mitigate the spread of invasive species was entered into force. However, at the same time legislation was ...


Understanding Campus Copyright & Creative Commons, Deryl Freeman, Dragan Gill 2019 Rhode Island College

Understanding Campus Copyright & Creative Commons, Deryl Freeman, Dragan Gill

Open Textbook Initiative

Presentaion (slide, PDF) for the members of Rhode Island College campus community on information and guidelines regarding copyright law.

Not intended or offered as professional legal advice.


Keynote Address At The Institute For Civil Civic Engagement’S Eighth Annual Conference On Restoring Civility To Civic Dialogue: Restoring Respect, Tani G. Cantil-Sakauye, Carl Luna 2019 University of San Diego

Keynote Address At The Institute For Civil Civic Engagement’S Eighth Annual Conference On Restoring Civility To Civic Dialogue: Restoring Respect, Tani G. Cantil-Sakauye, Carl Luna

San Diego Law Review

Keynote Address at the Institute for Civil Civic Engagement’s Eighth Annual Conference on Restoring Civility to Civic Dialogue: Restoring Respect


Measles And Misrepresentation In Minnesota: Can There Be Liability For Anti-Vaccine Misinformation That Causes Bodily Harm?, Dorit Rubinstein Ross, John Diamond 2019 University of San Diego

Measles And Misrepresentation In Minnesota: Can There Be Liability For Anti-Vaccine Misinformation That Causes Bodily Harm?, Dorit Rubinstein Ross, John Diamond

San Diego Law Review

Balancing protecting and compensating victims of harmful fake news and protecting freedom of speech and the information flow is both important and challenging. Vaccines are one area where misinformation can directly cause harm. When misrepresentation leads people to refuse vaccines, disease outbreaks can happen, causing harm, even deaths, and imposing costs on the community. The tort of negligent misrepresentation that causes physical harm appears a custom-made remedy for those affected. However, courts—appropriately— narrowed the tort to protect freedom of speech and the flow of information. This Article uses an especially egregious example of anti-vaccine misrepresentation to examine the boundaries ...


Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan 2019 University of San Diego

Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan

San Diego Law Review

This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.


The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman 2019 University of San Diego

The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman

San Diego Law Review

This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v. Sullivan, and injunctions and their enforcement.

In Near v. Minnesota, the Supreme Court expanded protection for expression by adding an injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgment for defamation. An injunction that forbids the ...


To Exempt Or Not Exempt: Religion, Nonreligion, And The Contraceptive Mandate, Sarah Kim 2019 University of San Diego

To Exempt Or Not Exempt: Religion, Nonreligion, And The Contraceptive Mandate, Sarah Kim

San Diego Law Review

In an attempt to help mitigate the difficulties courts are experiencing with the Contraceptive Mandate, this Comment15F proposes a uniform factors test that courts can use in their equal protection analysis to define a deeply and sincerely held religious belief and determine whether religious and nonreligious organizations are similarly situated. To demonstrate the necessity of a uniform factor test, this Comment starts by providing the history of the Affordable Care Act and the Contraceptive Mandate and exploring the religious exemptions created in response to the Contraceptive Mandate in Part II. Part III elaborates the current circuit split on the issue ...


V.56-3, 2019 Masthead, 2019 University of San Diego

V.56-3, 2019 Masthead

San Diego Law Review

No abstract provided.


Engineering Pass-Throughs In International Tax: The Case Of Private Equity Funds, Young Ran (Christine) Kim 2019 University of San Diego

Engineering Pass-Throughs In International Tax: The Case Of Private Equity Funds, Young Ran (Christine) Kim

San Diego Law Review

Fund investment, or indirect investment, does not entail entity-level taxation domestically, so investors enjoy “tax neutrality” between direct and indirect investments made within a country. In contrast, when investments are made across borders, tax neutrality cannot be guaranteed because current international tax regimes are built upon bilateral tax treaties and lack pass-through tax rules for multinational fund investment schemes. This may put investors in a worse tax position than had they invested directly.

In response, investors have created many strategies to reduce tax liabilities internationally when investing indirectly. Sometimes those strategies enable investors to pay even less taxes than they ...


Pregnant And Scared: How Nifla V. Becerra Avoids Protecting Women’S Reproductive Autonomy, Savannah R. Montanez 2019 University of San Diego

Pregnant And Scared: How Nifla V. Becerra Avoids Protecting Women’S Reproductive Autonomy, Savannah R. Montanez

San Diego Law Review

This Note analyzes the Court’s determination that the Licensed Notice did not fit into either exception. Part II of this Note provides a brief overview of CPCs and how the FACT Act was designed to curb CPCs’ interference with women’s reproductive autonomy. Part III discusses the litigation between NIFLA, the CPCs, and California, culminating in a controversial 5–4 decision in the Supreme Court. Next, Part IV argues that even if the Court wanted to limit the circumstances wherein professional speech received diminished scrutiny, it could have fit the Licensed Notice into its newly-delineated exceptions. This Note ultimately ...


Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers 2019 Selected Works

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Joni Hersch

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that ...


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers 2019 Selected Works

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Joni Hersch

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


Energy Exactions, Jim Rossi, Christopher Serkin 2019 Selected Works

Energy Exactions, Jim Rossi, Christopher Serkin

Jim Rossi

Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources.

This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy ...


They, Them, And Theirs, Jessica Clarke 2019 Selected Works

They, Them, And Theirs, Jessica Clarke

Jessica Clarke

Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender category by U.S. states including California, Oregon, New Jersey, Minnesota, and Washington. People with nonbinary gender identities do not exclusively identify as men or women. Feminist legal reformers have long argued that discrimination on the basis of gender nonconformity — in other words, discrimination against men perceived as feminine or women perceived as masculine — is a harmful type of sex discrimination that the law should redress. But the ...


Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman 2019 Selected Works

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Ganesh Sitaraman

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the ...


Countering Nationalist Oligarchy, Ganesh Sitaraman 2019 Selected Works

Countering Nationalist Oligarchy, Ganesh Sitaraman

Ganesh Sitaraman

The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich and well-connected, and rigs politics to sustain its regime.

Nationalist oligarchy is an existential threat to American democracy. The countries already under its thrall steal technology and use economic power as political leverage. Some of them are actively trying to undermine democracy, through cyber attacks, hacking, and social media disinformation. And they spread bribery and corruption around the world—deepening inequality and threatening to ...


Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn 2019 Univ. of Arkansas School of Law

Beyond The Witness: Bringing A Process Perspective, Edward K. Cheng, G. Alexander Nunn

Edward Cheng

For centuries, the foundation of the Anglo-American trial has been the witness.' Witnesses report on their personal observations, provide opinions of character, offer scientific explanations, and in the case of parties, narrate their own story. Indeed, even for documentary and other physical evidence, witnesses often provide the conduit through which such evidence reaches the factfinder. Documentary or physical evidence rarely stands on its own. The law of evidence has thus unsurprisingly focused on-or perhaps obsessed over-witnesses. The hearsay rule and the Confrontation Clause demand that declarants be available witnesses at trial so that they may be subject to cross-examination.' Expert ...


Improper Appropriation, Daniel J. Gervais 2019 Selected Works

Improper Appropriation, Daniel J. Gervais

Daniel J Gervais

The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is that the plaintiff must first show that her work was actually copied; second, she must establish substantial similarity and/or that the copying amounts to an improper or unlawful appropriation. The second prong is satisfied when (i) protected expression in the earlier work was copied and (ii) the amount of the copyrighted work that is copied must be more than de minimis. This Article examines, first, how impropriety ...


How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford 2019 The John Marshall Law School

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford

Stuart Ford

No abstract provided.


Digital Commons powered by bepress