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  Subjects -> LAW (Total: 1232 journals)
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LAW (700 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 3)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 14)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 53)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
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  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
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: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 9)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
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: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 9)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
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 et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 139)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
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: 14)
Columbia Law Review (Sidebar)     Open Access   (Followers: 14)
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: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 20)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     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: 3)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
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: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 125)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 22)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Cleveland State Law Review
  [1 followers]  Follow
    
  Free journal Free journal
   ISSN (Print) 0009-8876
   Published by Cleveland State University Homepage  [2 journals]
  • With Liberty and Justice for Some: Denial of Meaningful Due Process in
           School Disciplinary Actions in Ohio
    • Authors: Genevieve Vince
      Abstract: Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right to due process, Goss v. Lopez. Finally, this Note argues why Goss’s protections do not amount to meaningful due process and how denial of meaningful due process in school disciplinary actions can have lasting negative implications on students’ futures beyond the schoolhouse gate.
      PubDate: Wed, 03 May 2017 12:19:33 PDT
       
  • Punishment Without Purpose: The Retributive and Utilitarian Failures of
           the Child Pornography Non-Production Sentencing Guidelines
    • Authors: Brittany Lowe
      Abstract: Pursuant to the Sentencing Reform Act of 1984, Congress established the U.S. Sentencing Commission to formulate an empirical set of federal sentencing Guidelines. With the U.S. Sentencing Guidelines, Congress intended to further the basic purposes of criminal punishment—deterrence, incapacitation, just punishment, and rehabilitation. Nevertheless, the Guidelines were instantaneously met with disapproval. Asserting that the mandatory Guidelines violated the Constitution, scholars and judges argued that the Commission usurped Congress’s role by prescribing punishments that were essentially binding law. In 2005, the Supreme Court held that the Guidelines were discretionary in United States v. Booker.While this decision resolved many of the issues associated with the Guidelines, it arguably made matters worse with respect to the child pornography non-production Guidelines. The child pornography non-production Guidelines have been widely criticized for lacking a connection to community values, leaving little room for rehabilitation, and being excessively harsh. Thus, district courts often elect to deviate from the problematic Guidelines in an attempt to impose a fair sentence. However, because district courts are free to deviate from the Guidelines at the discretion of the judge, the sentencing system has become inconsistent and unpredictable. In addition, courts often impose punishment for morally repugnant crimes that is too lenient. As a result, the child pornography non-production Guidelines do not further the basic theories of criminal punishment in the United States—retributivism and utilitarianism. In order to prevent the sexual exploitation of children and restore consistency in federal sentencing law, the Guidelines system must be systematically reformed.
      PubDate: Wed, 03 May 2017 12:19:29 PDT
       
  • The Empirics of Child Custody
    • Authors: Margaret Ryznar
      Abstract: Child custody issues are as American as apple pie, with only a quarter of children seeing their parents married until the end. The legal standard for custody is the best interests of the child, but the greyness of this inquiry allows courts to make difficult judgments. In family law, such discretionary standards govern factually diverse cases and make it difficult to draw conclusions from individual cases. This Article offers an objective measurement in family law by empirically examining a sample of Indiana divorce cases filed during three months in 2008 that involved children. The resulting analysis of child custody and visitation awards reveals the current understanding of the child’s best interests and the role of judicial discretion, illuminating both national and local trends in family law.
      PubDate: Wed, 03 May 2017 12:19:25 PDT
       
  • Foreign Corrupt Practices Act Statistics, Theories, Policies, and Beyond
    • Authors: Mike Koehler
      Abstract: The Foreign Corrupt Practices Act (FCPA) is not a new law; it was enacted in 1977. Nevertheless, 2015 was a commemorative year, as it marked the fifth anniversary of the Department of Justice declaring a “new era” of FCPA enforcement, the fifth anniversary of Congressional FCPA reform hearings, and the third anniversary of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issuing FCPA guidance. In addition to these mileposts, 2015 was also a notable year in several other respects as highlighted in this article.This article, part of an annual series, paints a picture of FCPA and related developments from 2015. Specifically, this article dissects FCPA enforcement in a number of ways and highlights meaningful statistics from 2015 as well as historical comparisons. Thereafter, this article discusses a range of noteworthy issues from 2015 such as: expansive and evolving FCPA enforcement theories, judicial scrutiny of FCPA and related enforcement theories, policy pronouncements and developments relevant to FCPA issues, and developments beyond the FCPA that nevertheless touch upon FCPA issues or are otherwise relevant to a similar space.
      PubDate: Wed, 03 May 2017 12:19:19 PDT
       
  • The Replacements: Conflicting Standards for Obtaining New Counsel Under
           the Sixth Amendment
    • Authors: Sharon Finegan
      Abstract: In 2006, the Supreme Court handed down a decision in United States v. Gonzalez-Lopez emphasizing the importance of a defendant’s right to counsel of choice under the Sixth Amendment and holding a denial of this right constitutes structural error, requiring automatic reversal. Following that decision, several federal circuit courts and state appellate courts have questioned how to apply this right to circumstances where the right to choice of counsel and the right to appointed counsel overlap. When a defendant seeks to replace retained counsel for appointed counsel, should the standard governing his motion fall under the right to choice of counsel? Or should such the motion fall within the purview of the right to appointed counsel? Despite the fact that defendants have sought to replace retained counsel with appointed counsel for decades, the Supreme Court has never established a clear standard to apply under these circumstances. Because of this lack of guidance, lower courts have split on the standard to apply in these circumstances.As recently as April 2016, the Eleventh Circuit held that the right to choice of counsel standard should govern and that a defendant need not show any cause to support his request to substitute retained counsel. In so holding, the Eleventh Circuit rejected the First Circuit’s standard that a defendant must demonstrate good cause to succeed in a motion to substitute retained counsel for appointed counsel.In order to resolve the conflicting standards employed by the lower courts, a clear rule needs to be established to both protect the defendant’s right to counsel of choice and preserve judicial efficiency and fairness to all participants in the trial process. By adopting the Eleventh and Ninth Circuit standard that a defendant need not demonstrate good cause in order to replace his retained attorney, the Court would provide a clear rule that would protect the defendant’s constitutional right to counsel of choice. At the same time, the defendant’s right to choice of counsel should be considered a rebuttable presumption. The Court should allow the presumption in favor of counsel of choice to be overcome by a trial court’s factual findings that a motion to substitute would lead to delays that would cause unfairness or perceived unfairness, or would unduly inconvenience participants in the trial process. By establishing this rebuttable presumption, the Court would provide clear guidance to lower courts struggling to ensure efficiency while at the same time protecting a defendant’s constitutional right to counsel of choice.
      PubDate: Wed, 03 May 2017 12:19:15 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Wed, 03 May 2017 12:19:08 PDT
       
  • Replacing Havoc: Creating Rules for Sovereign Default
    • Authors: Edward J. Kelley
      Abstract: Sovereign debt is an ongoing threat to a State’s economic stability and its citizens’ standard of living. A single occurrence of default begins a cycle in which it becomes increasingly more difficult for an indebted State to pay its debts and ensure the survival of its citizens. Because central banking systems and direct spending are often inadequate methods to boost an indebted State’s economy, a more expansive solution to sovereign debt is required. The initial solution to the growing problem of sovereign debt is an international treaty that will allow the world economy to establish monitoring mechanisms to prevent debt crises before they happen and standard responses to cure defaults that do occur.
      PubDate: Sat, 11 Mar 2017 07:38:57 PST
       
  • Arbitrating Estoppel: Equitable Estoppel in Arbitration Contracts
    • Authors: Nicholas Oleski
      Abstract: The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes that the Sixth Circuit’s equitable estoppel theory is not based on state law.
      PubDate: Sat, 11 Mar 2017 07:38:52 PST
       
  • Private Requitals
    • Authors: Bailey Kuklin
      Abstract: Previously, I examined the establishment of a person’s substantive rights and, correlatively, duties. But this was only the first step. This Article addresses the second step: the means for recognizing requital rights violations, including their articulation, adoption, and implementation. Taking a deontic, individualistic perspective on rights, this Article aims to delineate and protect one’s personal freedom, one’s autonomy. To do so, this Article, using a formal understanding of the categorical imperative, will examine whether an agent’s chosen maxims are deontically acceptable. The maxims need to be both first-order, substantive ones that establish autonomy boundary baselines, and second-order, requital ones that address violations of the baselines. Important elements in perhaps all maxims, both first- and second-order, are the notions of harm, wrongfulness, and blameworthiness. Once an agent’s substantive and requital maxims are properly in place and honored, she is truly in a position to be an autonomous person.
      PubDate: Sat, 11 Mar 2017 07:38:47 PST
       
  • When Is a Trafficking Victim a Trafficking Victim? Anti-Prostitution
           Statutes and Victim Protection
    • Authors: Michele Boggiani
      Abstract: Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sex-market victims with prostitution. Having identified the source of the problem, the author proposes a solution for double-victimization, including improved victim-identification training for law enforcement officers, an affirmative defense based on victim status, and improved application of expungement for those who are victims of the sex market and the criminal prosecution system.
      PubDate: Sat, 11 Mar 2017 07:38:43 PST
       
  • One Fund Solution and the Pension Crisis
    • Authors: Gordon Butler
      Abstract: The next forty years of economic life will be dominated by one underlying theme: dealing with the retirement income security of a growing, aging and longer-lived global population. This is a "can’t run, can’t hide" problem that will affect the lives of almost every human being on the planet . . . Whether you are light in your pension account, whether you have more money than Croesus, whether you live in the well-funded Netherlands, or whether you are a put-upon unambitious young male in Japan who sees no future for himself, you cannot escape this problem.Before you read very far you will realize that looming Baby-Boomer retirements are a ticking time bomb that threatens even those who have saved prudently for most of their lives. This is because many millions of others will enter retirement with virtually no private savings. The second group, which is far larger than the first, will face unmet needs that governments will find politically impossible to ignore. And to meet those needs, we will need lots of additional tax revenue, which can only come from those in a position to provide it. As Willie Sutton replied when asked why he robbed banks, "That’s where the money is."
      PubDate: Sat, 11 Mar 2017 07:38:39 PST
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Sat, 11 Mar 2017 07:38:31 PST
       
  • Bioprospecting Legislation in the United States: What We Are Doing, What
           We Are Not Doing, and What Should We Do Next
    • Authors: Emily J. Stolfer
      Abstract: Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure to implement national legislation, this Note analyzes how two states have tried to implement local bioprospecting legislation instead. Finally, this Note makes a recommendation of what the United States or individual states should do in the future.
      PubDate: Fri, 10 Mar 2017 15:19:13 PST
       
  • Game of Phones: The Fourth Amendment Implications of Real-Time Cell Phone
           Tracking
    • Authors: Cal Cumpstone
      Abstract: With the help of technological advancements, law enforcement can now hijack a targeted individual’s cell phone to ping and track the phone’s exact location in real time. Based upon previous rulings, this new tracking process has apparently fallen into a "grey area" of Fourth Amendment jurisprudence. However, real-time cell phone tracking should be a search in terms of the Fourth Amendment and, therefore, require a warrant. Real-time cell phone tracking infringes on an individual’s reasonable expectation of privacy, violates the trespass doctrine as a trespass to chattels, and violates the Kyllo standard by using technology not in general public use to intrude into a constitutionally protected area.
      PubDate: Fri, 10 Mar 2017 15:19:09 PST
       
 
 
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