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LAW (804 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annales de droit     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 27)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 168)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 18)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 40)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Economics and Law     Open Access  
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 164)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Journal Cover
Boston College Law Review
Number of Followers: 16  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0161-6587
Published by Boston College Homepage  [8 journals]
  • A Slap on the Wrist: Combatting Russia’s Cyber Attack on the 2016
           U.S. Presidential Election

    • Authors: Christina Lam
      Abstract: On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law fails to guard against and remedy state-sponsored cyber attacks. These attacks will continue to occur at an alarming rate and without adequate recourse unless a new international treaty is implemented. In order to be successful, this treaty would need to garner the support of the major cyber powers and be specifically tailored towards combatting state-sponsored cyber attacks.
      PubDate: Wed, 11 Jul 2018 21:07:57 PDT
       
  • New Heights, New Uses, and New Questions: Can Individuals Enforce Their
           Property Rights Against the Impending Rise of Low-Flying Civilian
           Drones'

    • Authors: Thomas Carlton
      Abstract: By 2020, there will be at least seven million civilian drones flying in the low-altitude airspace above the United States. Civilian drones include unmanned aerial vehicles operated by both private individuals for recreational and business entities for commercial purposes. While this budding technology has the potential to be a positive influence on society as a whole, civilian drone regulation at both the state and federal level lags behind growing drone usage across the country. As of now, the Federal Aviation Administration has administered a small rule that provides some regulation on the use of civilian drones. Many questions remain, however, as to the property rights that landowners on the ground have against drones and their operators flying in the low-altitude airspace above their property. This Note examines the common law torts of trespass and nuisance and analyzes how both doctrines would apply to a drone flying low above an individual’s land. Furthermore, this Note argues that the federal government is best suited to regulate civilian drones used for commercial purposes, whereas individual states should regulate the use of drones by private individuals.
      PubDate: Wed, 11 Jul 2018 21:07:51 PDT
       
  • The SEC and Foreign Private Issuers: A Path to Optimal Public Enforcement

    • Authors: Yuliya Guseva
      Abstract: This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers. My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. National Australia Bank. In Morrison, the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U.S. securities laws. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation. If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of private class actions against foreign corporations, how should the SEC adjust its enforcement strategy' To answer this question, this Article presents an empirical survey of SEC enforcement actions against foreign issuers between 2005 and 2016. The results suggest that the SEC consistently pursues a lenient enforcement approach in this area. This low-key policy is the Commission’s dominant strategy. The Article also discusses post-Morrison doctrinal developments, market trends, and red flags potentially indicative of an increased risk of fraud. Although the traditional low-key enforcement policy may attract some foreign “lemons” in the post-Morrison environment, the SEC should not depart from its dominant strategy and engage in more enforcement actions. Instead, the warning signs identified in this paper call for better preventive monitoring. The Article suggests a number of low-cost fraud prevention policies, including promoting cooperation with foreign firms, using new data analysis programs, and galvanizing market “gatekeepers.” Through implementing the mechanisms suggested in this Article, the SEC may reach a more efficient level of deterrence without ramping up enforcement and increasing the costs of foreign firms seeking to access American capital markets.
      PubDate: Wed, 11 Jul 2018 21:07:45 PDT
       
  • The New Family Freedom

    • Authors: Emily J. Stolzenberg
      Abstract: In family law, “autonomy” has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, “choice about obligations,” holds redistribution of resources between intimates to be illegitimate unless the richer party “chose” to take on financial obligations ex ante by ceremonially marrying or formally contracting. But as more people conduct their intimate lives outside these legal institutions, choice about obligations increasingly collides with another, more fundamental, family law principle: the imperative to “privatize dependency,” i.e., to redistribute resources between family members in lieu of publicly supporting those who cannot support themselves. This conflict is insoluble on its own terms and creates persistent doctrinal problems in the modern law of family obligations. Parentage law, cohabitant property-division claims, and alimony each present the clash between a richer party’s interest in avoiding “unchosen” family obligations and the state’s interest in avoiding responsibility for citizens’ material needs. Against the backdrop of scant collective support, the law denies the importance of freedom to privatize dependency in parent-child relationships and vindicates “choice” in adult relationships by requiring adults to self-support, all the while insisting that intimates “assumed the risk” of obligation or economic loss. Thus, despite attempts to dispel it through doctrinal workarounds, legal fictions, or willful ignorance, the tension remains. The incompatibility between choice about obligations and privatizing dependency also reveals a deep normative tension in the law, for both principles originate in the current neoliberal moment. Neoliberal commitments shape modern family law, but prove both incoherent and deficient as a framework for intimate relationships. As currently structured, family law fails to recognize and further the vital role that families play in meeting their members’ deepest human needs. To better conceptualize the rights and responsibilities attending intimacy, modern family law should rethink its approaches to both autonomy and dependency.
      PubDate: Wed, 11 Jul 2018 21:07:38 PDT
       
  • Closing the Regulatory Gap for Synthetic Nicotine Products

    • Authors: Patricia J. Zettler et al.
      Abstract: In July 2017 the U.S. Food and Drug Administration announced a new “comprehensive plan for tobacco and nicotine regulation.” This plan focuses on making cigarettes less addictive while facilitating the development of alternative, and less-harmful, nicotine-containing products. This approach holds promise, and the public health stakes could not be higher—smoking is the leading cause of preventable death in the United States, resulting in roughly 480,000 deaths per year. But a new consumer product is emerging that could upset the FDA’s plans for a well-balanced regulatory scheme: synthetic nicotine. Synthetic nicotine products currently fall into a regulatory gap because they do not appear to meet the Federal Food, Drug, and Cosmetic Act’s definition of a tobacco product. If this gap remains in place, it is likely that more companies will choose to market synthetic nicotine products in order to evade regulation, undoing the potential benefits of the FDA’s plan for tobacco and nicotine regulation. This Article argues that the FDA can, and should, address this problem by regulating synthetic nicotine products as drugs. After reviewing the science of nicotine addiction and the FDA’s past and present regulatory schemes for nicotine, this Article explains how the FDA could establish that synthetic nicotine products are drugs under the FDCA’s definition. This Article then concludes with a discussion of the policy benefits of categorizing synthetic nicotine products as drugs.
      PubDate: Wed, 11 Jul 2018 21:07:31 PDT
       
  • Fair Use Avoidance in Music Cases

    • Authors: Edward Lee
      Abstract: This Article provides the first empirical study of fair use in cases involving musical works. The major finding of the study is surprising: despite the relatively high number of music cases decided under the 1976 Copyright Act, no decisions have recognized non-parody fair use of a musical work to create another musical work, except for a 2017 decision involving the copying of a narration that itself contained no music (and therefore might not even constitute a musical work). Thus far, no decision has held that copying musical notes or elements is fair use. Moreover, very few music cases have even considered fair use. This Article attempts to explain this fair use avoidance and to evaluate its costs and benefits. Whether the lack of a clear precedent recognizing music fair use has harmed the creation of music is inconclusive. A potential problem of “copyright clutter” may arise, however, from the buildup of copyrights to older, unutilized, and underutilized musical works. This copyright clutter may subject short combinations of notes contained in older songs to copyright assertions, particularly after the U.S. Supreme Court’s rejection of laches as a defense to copyright infringement. Such a prospect of copyright clutter makes the need for a clear fair use precedent for musical works more pressing.
      PubDate: Wed, 11 Jul 2018 21:07:24 PDT
       
  • The Naked Truth: Insufficient Coverage for Revenge Porn Victims at State
           Law and the Proposed Federal Legislation to Adequately Redress Them

    • Authors: Meghan Fay
      Abstract: The distribution of revenge porn is a cyber-bullying phenomenon that has proliferated on the Internet. The nonconsensual sharing of sexually explicit photographs and videos causes irreparable harm to revenge porn victims. The current state of the law, however, does little to redress the damage. Tort claims are often unsuccessful because many victims do not have the resources necessary to initiate a lawsuit. Furthermore, federal law grants operators of revenge porn websites immunity from state tort claims. In an effort to fill this gap in the law, many states have made changes or additions to their criminal statutes. To date, thirty-eight states have legislation prohibiting the distribution of nonconsensual pornography. Some states, including New Jersey and California, successfully passed anti-revenge porn legislation, while others, such as Arizona and Vermont, faced constitutional challenges. In July 2016, Congresswoman Jackie Speier introduced the Intimate Privacy Protection Act of 2016 (“IPPA”), a proposed federal law criminalizing revenge porn. This Note argues that the IPPA effectively balances the competing interests of revenge porn victims and Internet service providers and thus should be adopted by Congress.
      PubDate: Tue, 29 May 2018 14:00:09 PDT
       
  • Doping Appeals at the Court of Arbitration for Sport: Lessons from
           Essendon

    • Authors: David Mahoney
      Abstract: In recent years, there has been an increase in the growth of the sports industry globally. With it has come the growth of global sports arbitration. The Court of Arbitration for Sport (“CAS”), created in part because of the increase in sport-related arbitration, is designed to promote efficiency and uniformity in the resolution of disputes. Despite the noteworthy objectives of the CAS, recent developments, such as the supplement scandal surrounding the Essendon Football Club of the Australian Football League, highlight the pressure that endures between individual athletes and sport governing bodies. This pressure is especially clear in instances where athletes are found guilty of doping under the World Anti-Doping Agency (“WADA”) code, and the finding is appealed to the CAS. This Note, although recognizing the benefits of the CAS and the WADA code, argues that in light of recent events, individual athlete’s goals should be given a greater weight in doping appeals at the CAS. This Note also assesses whether specific amendments to the CAS code could achieve this change, and how effective such amendments would be.
      PubDate: Tue, 29 May 2018 14:00:03 PDT
       
  • The Burgeoning “Biorights Movement”: Its Legal Basis, What’s at
           Stake, and How to Respond

    • Authors: Mark A. Hayden
      Abstract: The advent of genetic and genomic technologies has the power to transform the understanding, prevention, and treatment of disease on a scale unprecedented in modern medicine. The promise of the era of precision medicine risks being tempered by the emergence of what is increasingly being referred to as the “biorights movement.” Of particular concern is the growing trend of individuals refusing to contribute their biological material to research studies absent some form of monetary compensation. Recently announced, but yet to be implemented, regulations seek to mitigate some of the potentially harmful and progress-impeding positions advanced by the biorights movement. The proposed changes to the legal and regulatory framework, however, do not sufficiently address the opportunities and challenges of the rapidly evolving patient-consumer landscape as it relates to personal genetic testing. Never before have patients been able to know so much about their genetic profile and the potentially valuable information their DNA contains from both a research and commercial perspective. Bolstered by numerous public policy justifications, this Note argues that legislative action needs to be taken that proscribes the ability of individuals to sell their biological material for research purposes.
      PubDate: Tue, 29 May 2018 13:59:56 PDT
       
  • Understanding "Sanctuary Cities"

    • Authors: Christopher N. Lasch et al.
      Abstract: In the wake of President Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice apparatus from federal immigration enforcement efforts. These localities have embraced a series of reforms that attempt to ensure immigrants are not deported when they come into contact with the criminal justice system. The Trump administration has labeled these jurisdictions “sanctuary cities” and vowed to “end” them by, among other things, attempting to cut off their federal funding.This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law. In it, we set forth the central features of the Trump administration’s mass deportation plans and its campaign to “crack down” on sanctuary cities. We then outline the diverse ways in which localities have sought to protect their residents by refusing to participate in the Trump immigration agenda. Such initiatives include declining to honor immigration detainers, precluding participation in joint operations with the federal government, and preventing immigration agents from accessing local jails. Finally, we analyze the legal and policy justifications that local jurisdictions have advanced. Our examination reveals important insights for how sanctuary cities are understood and preserved in the age of Trump.
      PubDate: Tue, 29 May 2018 13:59:48 PDT
       
  • Polar Opposites: Assessing the State of Environmental Law in the
           World's Polar Regions

    • Authors: Mark P. Nevitt et al.
      Abstract: Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet these regions differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System, a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in Antarctica, melting the polar ice cap in the Arctic, opening maritime trade routes, and renewing the possibility for natural resource extraction. Will the Arctic experience a peaceful future similar to its sister polar region, or will it emerge as a polar “wild west” with increasing geopolitical tension between the Arctic states' Will a new polar Cold War emerge between Russia and the other four North Atlantic Treaty Organization Arctic coastal nations' This Article addresses these questions—and others—while making three new contributions to legal scholarship. First, we closely examine the different legal models in both the Arctic and Antarctica, discerning what lessons the ATS—one of the most successful international agreements in history—can be applied to the Arctic. Second, we analyze the unique significance played by global environmental law in the context of the polar regions, best embodied by the collaborative work of the Arctic Council. Third, in light of the uncertainty posed by climate change and the potential for rising geopolitical tensions, we provide a new framework to analyze future Arctic governance to include the five key factors that will determine the Arctic’s future.
      PubDate: Tue, 29 May 2018 13:59:39 PDT
       
  • Constitutional Anomalies or As-Applied Challenges' A Defense of
           Religious Exemptions

    • Authors: Stephanie H. Barclay et al.
      Abstract: In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will result in a tidal wave of religious claimants striking down government action. Our Article presents an observation that undermines these central criticisms. Far from being “anomalous” or “out of step” with our constitutional traditions, religious exemptions are just a form of “as-applied” challenges offered as a default remedy elsewhere in constitutional adjudication. Courts regularly provide exemptions from generally applicable laws for other First Amendment protected activity like expressive conduct that mirror the exemptions critics fear in the context of religious exercise. The Article also presents original empirical analysis, including a national survey of all federal RFRA cases since Hobby Lobby, indicating that concerns of critics about religious exemptions have not been borne out as an empirical matter. Our findings suggest that even after Hobby Lobby, cases dealing with religious exemption requests remain much less common than cases dealing with other expressive claims, and are less likely to result in invalidation of government actions. Thus, far from creating anomalous preferential treatment that threatens the rule of law, a religious exemption framework simply offers a similar level of protection courts have long provided for dissenting minority rights housed elsewhere in the First Amendment.
      PubDate: Tue, 29 May 2018 13:59:32 PDT
       
  • Court Capture

    • Authors: J. Jonas Anderson
      Abstract: Capture—the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating—is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the theoretical case that federal courts can be captured. Expanding upon the regulatory capture literature and what literature exists about the capture of courts, this Article demonstrates that the institutional safeguards often thought to shield judges from special interest influence (including political independence, lifetime tenure, and general jurisdiction) may, in some cases, break down, leaving courts exposed to capture in much the same way as agencies.Then, this Article turns to the application of the theoretical argument. It focuses on the U.S. District Court for the Eastern District of Texas, the district that until recently received the most patent cases of any district court in the country. The Eastern District of Texas exhibits many classic signs of capture, including a revolving door between the federal bench and law firms, the region’s economic dependence on litigation, and a mutually beneficial relationship between the plaintiffs’ bar and the Eastern District judges. In conclusion, this Article urges Congress to tighten venue requirements and to mandate random assignment of judges. These proposals would better protect the U.S. federal courts from capture.
      PubDate: Tue, 29 May 2018 13:59:26 PDT
       
  • Eleventh Circuit Prematurely Applied the Rule of Lenity in United
           States v. Izurieta

    • Authors: C. Alex Dilley
      Abstract: The statute that prohibits smuggling goods into the United States, 18 U.S.C. § 545, requires proof that a defendant knowingly or fraudulently imported merchandise or facilitated the transport of such merchandise “contrary to law.” In 2013, in United States v. Izurieta, the U.S. Court of Appeals for the Eleventh Circuit held that a regulatory violation carrying only civil implications could not serve as the underlying offense for the smuggling statute’s contrary to law provision given the felony criminal penalties associated with a violation of the statute. The Eleventh Circuit’s decision diverged from the 1994 and 2008 decisions of the Fourth and the Ninth Circuits in United States v. Mitchell and United States v. Alghazouli, respectively, which each outlined a different test for how regulations should be treated under the smuggling statute’s contrary to law provision. In contrast, the Eleventh Circuit applied the rule of lenity, granting leniency to the defendant because the criminal statute was found to be “grievously ambiguous” after the court attempted to interpret the statute using traditional canons of statutory construction. This Comment argues that the Eleventh Circuit prematurely applied the rule of lenity in Izurieta before properly conducting an analysis of the text, history, and structure of the statute.
      PubDate: Mon, 28 May 2018 12:11:47 PDT
       
  • A Pro Debtor and Majority Approach to the "Automatic Stay" Provision of
           the Bankruptcy Code—In re Cowen Incorrectly Decided

    • Authors: Claudia A. Restrepo
      Abstract: On February 27, 2017, in In re Cowen, the U.S. Court of Appeals for the Tenth Circuit held that only affirmative actions to either obtain possession or exercise control over property of the bankruptcy estate constitute violations of the automatic stay provision. In doing so, the court concluded that the passive retention of an asset that was acquired pre-petition was not a violation of the automatic stay, and that the creditor had no obligation to relinquish the asset to the bankruptcy estate. This Comment argues that the Tenth Circuit misinterpreted the automatic stay provision of the Bankruptcy Code, disregarding clear policy considerations and legislative history, which evidence Congress’s intent behind the provision’s 1984 amendment.
      PubDate: Mon, 28 May 2018 12:11:42 PDT
       
  • When the Defendant Doesn't Testify: The Eighth Circuit Considers a
           Reasonable Broken Promise in Bahtuoh v. Smith

    • Authors: Alexandre Bou-Rhodes
      Abstract: In 2017, in Bahtuoh v. Smith, the Eighth Circuit held that a criminal defendant’s counsel was not ineffective for promising the jury that the defendant would testify, but failing to deliver on that promise. This Comment argues that the Eighth Circuit’s decision is in line with the decisions of other circuits in ineffective assistance of counsel cases where counsel promised the defendant’s testimony but later reneged on that promise. Courts should consider in their analysis, however, the impact such a decision may have on the jury, and that a stricter standard for evaluating counsel’s trial performance could adversely affect indigent defendants.
      PubDate: Mon, 28 May 2018 12:11:36 PDT
       
  • Striving for Consistency: The Battle of Jurisdiction in Enforcing
           Arbitration Awards

    • Authors: Leah Hengemuhle
      Abstract: On January 20, 2017, in Ortiz-Espinosa v. BBVA Securities of Puerto Rico, the U.S. Court of Appeals for the First Circuit expanded the U.S. Supreme Court’s decision in Vaden v. Discovery Bank and held that the “look through” approach to determine federal jurisdiction applied to petitions to enforce, modify, and vacate arbitration awards under the Federal Arbitration Act. The First Circuit relied heavily on the Supreme Court’s reasoning in Vaden to support its conclusion that applying the “look through” test created a single and consistent jurisdictional approach. This Comment argues that the First Circuit was correct in its application of the “look through” approach because it avoided the “curious practical consequences” that troubled the Vaden court.
      PubDate: Tue, 22 May 2018 16:40:09 PDT
       
 
 
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