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LAW (779 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 23)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 14)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 43)
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)
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: 13)
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)
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: 3)
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: 5)
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: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
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: 26)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 12)
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 et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 165)
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)
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: 8)
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: 17)
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)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 30)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 11)
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: 27)
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  
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: 25)
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)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 12)
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: 7)
European Journal of Law and Technology     Open Access   (Followers: 16)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 163)
European Public Law     Full-text available via subscription   (Followers: 36)
European Review of Contract Law     Hybrid Journal   (Followers: 24)
European Review of Private Law     Full-text available via subscription   (Followers: 32)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 9)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 14)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  

        1 2 3 4 | Last

Journal Cover
Akron Law Review
Number of Followers: 4  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0002-371X
Published by U of Akron Homepage  [1 journal]
  • On Moral Grounds: Denouncing the Board's Framework for Identifying
           Crimes of Moral Turpitude

    • Authors: Frank George
      Abstract: Though admissibility and deportability decisions often hinge on whether a noncitizen has committed a crime involving moral turpitude (CIMT), the Immigration and Nationality Act (INA) neither defines “moral turpitude” nor establishes a framework with which to apply this language. As a result, courts have historically developed inconsistent applications of the act’s moral turpitude provisions. This Article explores the creation, collapse, and recreation of a uniform framework for the identification of CIMTs. After several circuit courts refused to give deference to the previous framework, the Board of Immigration Appeals (BIA) appropriately came to the following conclusion: the language of the INA demands that identification of a CIMT be based on a noncitizen’s conviction, not the specific conduct that led to the conviction. However, the BIA’s modern approach to identifying CIMTs remains problematic. First, its application of the realistic probability test lacks historical legal support. Second, this test places a heavy burden on noncitizens to prove that a crime is not a CIMT; this may violate the immigration lenity doctrine, which indicates that deportation statutes are to be construed strictly in favor of the noncitizen. Finally, it allows circuit courts to continue applying their existing precedent on the matter, effectively ensuring continued disparity among different courts’ frameworks for identifying CIMTs. For these reasons, I conclude that whether the BIA’s modern framework is owed deference by the circuit courts is immediately questionable. I, instead, advocate for application of the least culpable conduct test, which has a rich legal history and correctly places the burden of proving that a crime constitutes a CIMT on the government.
      PubDate: Wed, 14 Feb 2018 14:31:55 PST
       
  • Fixing a Non-Existent Problem with an Ineffective Solution: Doe v. Snyder
           and Michigan's Punitive Sex Offender Registration and Notification
           Laws

    • Authors: Joshua E. Montgomery
      Abstract: Sex offender registration and notification laws (SORAs) in the United States apply not only to those who commit sex offenses after the enactment of such laws, but also to those who committed sex offenses before those laws were enacted. However, the Ex Post Facto Clause of the Constitution prevents the retroactive application of a punitive law; this means that a person cannot be punished for a bad act that the person committed before the law punishing that act was enacted. Importantly, the Ex Post Facto Clause does not prohibit the retroactive application of a civil, regulatory—i.e., non-punitive—law. Thus, to survive constitutional scrutiny, SORAs must be deemed civil, regulatory measures that are designed to achieve a non-punitive goal. The federal courts—including the United States Supreme Court—have consistently characterized SORAs as just that: non-punitive, civil, regulatory measures designed to protect the innocent from dangerous sex offenders by deterring the commission of subsequent sex offenses.Thus, the constitutionality of SORAs rests on two fundamental assumptions: (1) that sex offenders recidivate at very high rates; and (2) that restrictive SORAs actually reduce recidivism. The Sixth Circuit, in its Doe v. Snyder decision, which reviewed the constitutionality of Michigan’s SORA, carefully examined these assumptions and found that both were false. Federal government recidivism data and social science studies show that sex offenders—a category that includes not just those convicted of rape, but also includes a high school senior convicted of statutory rape because he slept with his underage high school girlfriend—do not recidivate at high rates. In fact, most sex offenders recidivate at low rates. Moreover, SORAs do not reduce recidivism; some studies even indicate that such laws may be causing recidivism rates to increase. Thus, the Sixth Circuit found that Michigan’s SORA unconstitutionally violated the Ex Post Facto Clause, in large part because it lacked a rational connection to a non-punitive purpose. This Article carefully examines the available data on sex offender recidivism rates, as well as the failure of the federal courts (prior to the Sixth Circuit’s Doe v. Snyder decision) to give much more than a passing glance at that data. This Article proposes that other federal courts should follow the Sixth Circuit’s example and carefully examine the factual justifications upon which the constitutionality of SORAs rests. Only then will the federal courts be able to protect the rights of United States’ citizens to be free from unconstitutional ex post facto punishment.
      PubDate: Wed, 14 Feb 2018 14:31:52 PST
       
  • Choice of Law in Ohio: Two Steps Routinely Missed

    • Authors: Richard S. Walinski
      Abstract: At last tally, courts in fewer than half of the states look to the Restatement (Second) Conflict of Laws for any part of their choice-of-law rules. Ohio, however, is in the minority that does. In fact, Ohio has endorsed the Restatement (Second) with surprising enthusiasm. The Supreme Court of Ohio took the unusual step of announcing in 1984 and again in 2007 that it has “adopted” the Restatement (Second) “in its entirety” for resolution of all conflict-of-law questions that arise in this state.Despite the court’s wholesale endorsement of the Restatement (Second), the courts of Ohio—including the supreme court itself—do not follow the entire process that the Restatement (Second) sets out for deciding choice-of-law questions. Typically, they miss two steps.In general, the Restatement (Second) prescribes a three-step process that the forum court is to follow in making a choice of law. The second and third steps are the focus of this Article. In the second step, the forum court must identify the states having any contact with the dispute and select which state among them that has the most compelling interest in having its law applied in resolving the controversy.If the court in executing step two identifies a foreign state as having the most compelling interest, the Restatement (Second) instructs the forum court to then decide just how much of that foreign state’s law it will apply. This third step is described in § 8. Is it the whole law of that foreign state—including that state’s choice-of-law rules and principles—that will be applied' Or is it only the substantive provisions of that state’s law—its local law—that will be applied' The choice that § 8 sets forth is an important step in the choice-of-law analysis because how which alternative the court selects may have the effect of either encouraging forum-shopping or discouraging it.Courts routinely miss important aspects of both steps. This Article discusses why they do. The focus, however, will be primarily on the third step and why courts routinely end up ruling in ways that encourage forum-shopping.The Article concludes by demonstrating that, when an Ohio court decides that the law of a foreign state is to be applied, Ohio’s longstanding policy against forum-shopping requires it to apply the whole law of that foreign state, not just the local law. It must do so because only by applying the whole law of that state will the Ohio court apply exactly the same law that the court in the foreign state would apply if the case had been filed there and thus eliminates a primary incentive to forum-shop.
      PubDate: Wed, 14 Feb 2018 14:31:49 PST
       
  • Access to Adjudication Materials on Federal Agency Websites

    • Authors: Daniel J. Sheffner
      Abstract: This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses the degree of accessibility of adjudication materials on agency websites by assessing the general ease of navigating to adjudication materials on the surveyed websites. The second section discusses the general disclosure practices of agency websites. Part III also relays key points derived from telephone and e-mail discussions with personnel from the Federal Maritime Commission, Consumer Product Safety Commission, and National Labor Relations Board. Next, Part IV presents case studies of the Federal Trade Commission, Federal Mine Safety & Health Review Commission, and Social Security Administration’s websites. These websites, each of which sits on a different point on the continuum of comprehensiveness and navigability that was revealed during the survey, are helpful in understanding the general range of agency practices. Lastly, Part V offers the author’s recommendations and best practices.
      PubDate: Wed, 14 Feb 2018 14:31:45 PST
       
  • Promoting Retirement Security for Low-Income Workers in Illinois: An
           Analysis and Lessons for Other States

    • Authors: Philip C. Aka et al.
      Abstract: This Article makes suggestions for promoting retirement security among low-income workers in Illinois with pointed lessons for workers in other U.S. states. Adapting a framework from a previous study by the principal author, the Article portrays retirement preparedness for low-income workers in Illinois as a function of changes in Social Security, employer-sponsored pensions, and personal assets—the famed “three-legged stool” of retirement income—synchronized with reduction of disparities between socioeconomic groups in education, healthcare, and housing. Many studies on retirement security focus excessively on the national level sometimes at the expense of the subnational phenomena that complicate retirement security and increase the sense of crisis many stakeholders feel about the topic. This piece seeks to redress the imbalance in analytic focus in the existing literature by contributing evidence from Illinois, a key state in the Midwest. It joins the small but growing number of studies at the subnational level.Although focused on Illinois, this Article is imbued with comparative salience that goes beyond this Midwest state: its analysis holds important best-practice lessons for other U.S. jurisdictions on how not to conduct retirement security, prominent among those lessons being not to compound retirement insecurity in the private sector with deliberate underfunding of pensions in the public sector as Illinois dubiously does.On this count, the Article draws three over-arching conclusions. First, the underfunding of public pensions can have a profound impact on retirement insecurity for low-income workers. Too often, retirement security is measured primarily based on the retirement picture for private-sector workers with an implied assumption that all is well with public-sector workers. However, the underfunding of public-sector pensions means that states must consider a broader scope of workers when responding to the threat of retirement insecurity. Second, federal legislation and programs will impact the ability of states to promote retirement security for lower-income workers, particularly with respect to education, healthcare, and homeownership, in which areas the federal government ultimately takes the lead, relegating the states to little more than a supporting role. Third, when it comes to reduction in disparities among socioeconomic groups that form a necessary element in this Article, the legacy of one federal administration in the areas of education, healthcare, and homeownership is best viewed as fragile, in that hard-won gains for low-income workers in these areas emanating from the national level may be altered by subsequent administrations.
      PubDate: Wed, 14 Feb 2018 14:31:42 PST
       
  • Power in the Age of In/Equality: Economic Abuse, Masculinities, and the
           Long Road to Marriage Equality

    • Authors: Arianne Renan Barzilay
      Abstract: In an era when women have achieved formal legal equality, patriarchal power endures. In this article I take on a largely neglected subject: economic abuse. While this phenomenon has recently begun to generate awareness as a form of intimate partner violence, it currently lacks a theory and history with which to deeply understand it. A failure to recognize the profound roots enabling economic abuse contributes to its perpetuation, trivialization, and marginalization in legal thought. Such a failure has broad implications for gender equality. This Article offers both a history and a theory with which to understand the phenomenon’s deep roots. It sheds light on the historical modification of coverture through familial and market-based breadwinning roles, and points to new insights from masculinities theory to explain how economic abuse is enabled. It illustrates how economic abuse is socio-legally made possible, demonstrating how it is embedded in a historical, socio-legal structure of the market and the family. It thus brings domestic violence gender-based analysis into a broader conversation about the law, the market, and the family. It contends that economic abuse is not merely an individual matter requiring individual-oriented solutions, but rather a social one, based on a particular, historically-based construction of relationships between gender, law, the market, and the family. More generally, it offers a way to think about power in the family in this new, seemingly more egalitarian era. It concludes by suggesting guiding principles for mitigating economic abuse and for destabilizing gendered power dynamics in the family more broadly.
      PubDate: Wed, 14 Feb 2018 14:31:39 PST
       
  • The Hardship That is Internet Deprivation and What it Means for
           Sentencing: Development of the Internet Sanction and Connectivity for
           Prisoners

    • Authors: Mirko Bagaric et al.
      Abstract: Twenty years ago, the internet was a novel tool. Now it is such an ingrained part of most people’s lives that they experience and exhibit signs of anxiety and stress if they cannot access it. Non-accessibility to the internet can also tangibly set back peoples’ social, educational, financial, and vocational pursuits and interests. In this Article, we argue that the sentencing law needs to be reformed to adapt to the fundamental changes in human behavior caused by the internet.We present three novel and major implications for the sentencing law and practice in the era of the internet. First, we argue that denial of access to the internet should be developed as a discrete sentencing sanction, which can be invoked for relatively minor offenses in much the same way that deprivation of other entitlements or privileges, such as the right to drive a motor vehicle, are currently imposed for certain crimes.Second, we argue that prisoners should have unfettered access to the internet. This would lessen the pain stemming from incarceration in a manner which does not undermine the principal objectives of imprisonment—community protection and infliction of a hardship—while at the same time providing prisoners with the opportunity to develop skills, knowledge, and relationships that will better equip them for a productive life once they are released. Previous arguments that have been made for denying internet access to prisoners are unsound. Technological advances can readily curb supposed risks associated with prisoners using the internet.Finally, if the second recommendation is not adopted, and prisoners continue to be denied access to the internet, there should be an acknowledgement that the burden of imprisonment is greater than is currently acknowledged. The internet is now such an ingrained and important aspect of people’s lives that prohibiting its use is a cause of considerable unpleasantness. This leads to our third proposal: continued denial of the internet to prisoners should result in a recalibration of the pain of imprisonment such that a sentencing reduction should be conferred to prisoners.
      PubDate: Wed, 14 Feb 2018 14:31:35 PST
       
  • Dissecting the ABA Texas Capital Punishment Assessment Report of 2013:
           Death and Texas, a Surprising Improvement

    • Authors: Patrick S. Metze
      Abstract: Professor Metze dissects the American Bar Association report, September 2013, entitled Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report—An Analysis of Texas’s Death Penalty Laws, Procedures and Practices. This Report was produced by the ABA’s Section of Individual Rights and Responsibilities, specifically the Death Penalty Due Process Review Project, which identified 12 inadequacies in the Texas Capital Punishment System, recommended changes, and evaluated compliance. Now, four years and two legislative sessions later, this Article explores what Texas has done in the interim to improve its death penalty process. Incredibly, the Article concludes that Texas has made great strides in ensuring fairness, reducing the risk of executing the innocent, and preserving public confidence in the criminal justice system. Texas is beginning, in the words of this generation’s poet laureate, to be able to say it did not turn away, failing to hear or see “what sorrow brings” while the condemned silently die.
      PubDate: Wed, 14 Feb 2018 14:31:32 PST
       
  • The Misapplication of the Lautenberg Amendment in Voisine v. United States
           and the Resulting Loss of Second Amendment Protection

    • Authors: Cynthia M. Menta
      Abstract: Over the past two decades, Congress has enacted various laws aimed at protecting victims of domestic violence. One such law is 18 U.S.C. § 922(g)(9), also known as the Lautenberg Amendment, which prohibits any person convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, because the Second Amendment has been deemed a fundamental right by the Supreme Court, such a restriction on firearms possession is only permissible if it serves a compelling government interest. Unfortunately, since the Lautenberg Amendment was enacted in 1996, the courts have struggled to interpret its ambiguous terms, which has made it difficult to determine whether the governmental interest involved is compelling in all situations. In 2014, the Supreme Court extended the reach of the Lautenberg Amendment to misdemeanor crimes of domestic violence committed knowingly or intentionally. This decision furthered the aim of the Lautenberg Amendment by keeping guns out of the hands of violent domestic abusers, and thus satisfied the compelling purpose standard.However, in 2016, the Supreme Court further extended the reach of the Lautenberg Amendment in Voisine v. United States, holding that the law also extends to those convicted of reckless misdemeanor crimes of domestic violence. Under this decision, a person convicted of even a minor reckless infraction against a domestic relation will be prevented from owning or possessing a firearm. As this standard now applies to actions that are not inherently violent, this decision fails to further the policy of the Lautenberg Amendment and instead thrusts it into unconstitutional territory. Individuals can now be stripped of a fundamental constitutional right based on a conviction of a minor offense that is often only punishable by a fine. Therefore, the language of the Lautenberg Amendment needs to be clarified by Congress to better protect victims of domestic violence, and to ensure that the constitutional right to keep and bear arms is not lost in the process.
      PubDate: Tue, 21 Nov 2017 15:37:25 PST
       
  • Reconstructing the Voice of Authority

    • Authors: Susie Salmon
      Abstract: Notwithstanding the presence of three women on the Supreme Court of the United States, in terms of gender equality, surprisingly little has changed in the legal profession over the past 20 years. This stagnation is particularly apparent in the highest paying and most prestigious sectors, such as the Supreme Court bar, the top echelons of the top law firms, the judiciary, and the general-counsel’s office. Even where objective facts suggest that female lawyers should be hired, billed out, or compensated at the same or higher rate than their male peers, subjective decisions informed, in part, by bias and stereotype drive a different result.This Article proposes that, until we stop indoctrinating law students that a “good lawyer” looks, sounds, and presents like the Classical warrior—that is, a male—these barriers will persist. For many law students, the first place they get to model what it means to look, sound, and act like a lawyer is in moot court or other oral-argument exercises. Especially in light of an overall law-school culture that reinforces the significance of inborn abilities, it is not hard to see how moot court’s frequent emphasis on “natural” oral-advocacy talent, and its implicit connection of that talent to traits traditionally associated with men, can influence how students—and later lawyers—develop rigid conceptions of what a good lawyer looks, sounds, and acts like. And continuing to uncritically teach the values of Classical rhetoric—values inherited from a culture that silenced women’s voices in the public sphere—exacerbates the problem. This Article explores the dynamics and consequences of reinforcing the male paradigm in the way we coach and judge moot-court and other oral-advocacy exercises, highlights some barriers to change, and proposes concrete steps legal educators, practitioners, and judges can take to help change what the voice of authority sounds like in the legal profession. The proposed solutions should help increase inclusion not only for women but also for other traditionally underrepresented groups.
      PubDate: Tue, 21 Nov 2017 15:37:21 PST
       
  • For the Greater Good: The Subordination of Reproductive Freedom to State
           Interests in the United States and China

    • Authors: Marisa S. Cianciarulo
      Abstract: This Article provides a comparative analysis of two very different restrictions on reproductive freedom that have startling parallels and similarities. Both China and the United States impose limits on reproductive freedom: China restricts the number of children that families can have, often in ways that violate international law, while some U.S. states have attempted to restrict access to abortion in ways that violate the precepts of Roe v. Wade as well as international law. Both China and U.S. states impose restrictions on reproductive freedom in order to achieve compelling state goals: protecting development and sustainability in China, and protecting prenatal life in the United States. Finally, both China and the United States have means other than severe restrictions on reproductive freedom at their disposal to achieve the governments’ goals: broad access to birth control and sex education. This Article uses the lens of international human rights law to evaluate the concept of subordinating individual reproductive choice to a perception of the common good. Part II provides an overview of the major international instruments addressing individual rights and how they interact with the rights and responsibilities of the state. Part III discusses anti-abortion laws in the United States and the anti-abortion movement’s rationale that protecting prenatal life justifies limiting reproductive choice. Part IV discusses China’s vast and population control system and the government’s rationale that providing a controlled, sustainable population justifies limiting reproductive choice. Part V examines three levels of coercion—compulsory sex education and unrestricted access to contraception, monetary incentive and disincentive programs, and forced abortion and forced child-bearing—and analyzes whether these levels of coercion are consistent with international human rights principles. Finally, the Article concludes that in light of modern access to education and contraception, and the ability to reduce the incidence of unwanted pregnancies via those means, more coercive means are unnecessary (in the case of monetary incentives and disincentives) and unjustifiable (in the case of forced abortion and forced child-bearing).
      PubDate: Tue, 21 Nov 2017 15:37:17 PST
       
  • Third Generation Discrimination: The Ripple Effects of Gender Bias in the
           Workplace

    • Authors: Catherine Ross Dunham
      Abstract: This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile cases have tested the theory with varying success. This Article explores Sturm’s theory through the lens of two cases: the well-known case of Wal-Mart v. Dukes and the lesser-known trial court case of Ellen Pao against the Silicon Valley venture capital firm Kleiner Perkins. The Article refines the second generation gender discrimination theory by defining the complex continuum of bias-based discrimination and exploring the impact of that continuum in the two subject cases. The Article then examines the role of the court system, judges, and juries, in evaluating complex second generation claims and argues that a Third Generation of Gender Discrimination exists in the court system, which prevents second generation discrimination cases from achieving greater success. The Article argues that Third Generation Discrimination operates on its own continuum that perpetuates the complexity of bias-based discrimination and requires an interrupter to allow for meaningful change in litigation success and, as a result, workplace culture.
      PubDate: Tue, 21 Nov 2017 15:37:13 PST
       
  • Unmasking the Teen Cyberbully: A First Amendment-Compliant Approach to
           

    • Authors: Benjamin A. Holden
      Abstract: In proposing a new rule under the First Amendment to adjudicate anonymous Cyberbullying cases, this Article first reviews and summarizes the First Amendment precedents governing regulation of speech by minors and student speech in the school environment. Second, it reviews and discusses the prevalence of minors’ online harassment or Cyberbullying, including pre-litigation disputes reported in the press. Third, it reviews and summarizes the First Amendment precedents governing the “unmasking” of anonymous speakers. Finally, the Cyberbully Unmasking Test is proposed and applied.
      PubDate: Tue, 21 Nov 2017 15:37:09 PST
       
  • Comment: An Examination of the Impact of Malpractice Law on Telepsychiatry
           Clinicians & Clients with Suicidal Ideations

    • Authors: Tristan Serri
      Abstract: It has been said numerous times that the law runs five years behind technology. Although this lag frequently causes numerous difficulties in all aspects of law, this delay is even more impactful in telemedicine. While all fields of telemedicine are expanding rapidly across the United States, the majority of states and the federal government have not yet implemented proper laws and procedures to protect both providers of telemedicine and their patients. The dearth of needed protocols and protections is even more pronounced when examining the subfield of telepsychiatry.In particular, the malpractice law surrounding telepsychiatry when dealing with patients with suicidal ideations is dramatically underdeveloped, if not entirely absent. To address at least some of these concerns, this comment proposes a solution that will resolve questions of malpractice standards and malpractice liability for practitioners of telepsychiatry. This comment suggests that, because telepsychiatrists who treat suicidal patients deliver care in a setting that varies greatly from standard treatment settings and because they are less capable of deploying protective measures should patients pose a serious risk of harm to themselves or to others, telepsychiatrists should be held to a higher standard of care than traditional psychiatrists. There is an epidemic of suicides in the United States and mental health professionals need clear guidelines as to how to properly conduct telepsychiatric care—for both practitioner and patient safety. The law makers of the country would be well advised to address these issues before it is too late.
      PubDate: Thu, 17 Aug 2017 12:23:44 PDT
       
  • Human Capital as Intellectual Property' Non-Competes and the Limits of
           IP Protection

    • Authors: Viva R. Moffat
      Abstract: Non-compete agreements have become increasingly common in recent years, imposed on twenty to forty percent (or more) of employees in some industries, both in the knowledge-intensive fields where they might be expected but also in the service industries on low-wage workers. As non-competes have proliferated, they have become increasingly controversial. Much of the discussion revolves around whether the agreements help or hinder innovation and economic growth. While this is also accompanied by some concern about the effect of non-competes on employees, little attention has been paid to the fact that employers use non-competes as tools for protecting intellectual property and in doing so treat human capital as form of intellectual property.Taking the IP justification seriously—that is, examining the efficiency and utilitarian arguments surrounding non-compete agreements—reveals the troubling personal autonomy and dignitary consequences of non-compete enforcement. From an efficiency perspective, the evidence is conflicting: it is far from clear that non-compete enforcement is necessary for increased innovation and economic growth. From a personal autonomy perspective, on the other hand, it is quite clear that non-competes have a variety of negative consequences.Evaluating non-competes under an IP framework and with the principles that are applied to other forms of intellectual property makes clear that treating human capital as a form of intellectual property, and using those agreements to control that IP, is deeply problematic.
      PubDate: Thu, 17 Aug 2017 12:23:41 PDT
       
  • Trademark Boundaries and 3D Printing

    • Authors: Lucas S. Osborn
      Abstract: 3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions for trademark law and policy and necessitates careful consideration of trademark law’s boundaries with other intellectual property regimes, including utility patent, design patent, and copyright law.
      PubDate: Thu, 17 Aug 2017 12:23:38 PDT
       
  • Charitable Trademarks

    • Authors: Leah Chan Grinvald
      Abstract: Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and trademarking strategies, some charitable organizations have become valuable brands in their own right. Unfortunately, however, the similar phenomenon of trademark bullying has also seemed to have spilled over from the for-profit sector into the nonprofit one. This is arguably an even more nefarious problem than in the for-profit sector because nonprofits are supposedly on a mission to help society. If, in their goal to raise more money in performing their mission, these charitable organizations are actually harming society through the costs associated with enforcement and in reducing the number of charitable entities, then the work of these organizations seems to be counterproductive. Not only that, but in shrinking the market of charitable organizations, larger organizations are able to control which causes society should care about, leaving many other worthy causes underfunded or without funding.This Article posits that much of the blame for over-enforcement of trademark rights may, in large part, be placed on judicial interpretations of U.S. federal trademark law. Although federal courts are not united, the more restrained approaches to charitable trademarks courts have taken in the earlier part of the Twentieth Century appear to have shifted over the last few decades towards greater protection, particularly if the trademark holder is a well-established nonprofit. At the same time, case law appears to require an enhanced level of control over such charitable trademarks. Both strands in federal case law may be encouraging over-enforcement of trademark law, both formally and informally. In order to reduce bullying, this Article proposes a number of solutions, including a judicial heightening of certain pleading requirements and encouraging the responsible public shaming of charitable trademark bullies. In limiting the types of trademark infringement cases that could be brought and drawing to the public’s attention those cases that overstep the legal boundaries, charitable entities should hopefully feel freer to not worry about over-enforcing trademark rights and instead, focus on their missions to better our world.
      PubDate: Thu, 17 Aug 2017 12:23:35 PDT
       
  • Redefining the Intended Copyright Infringer

    • Authors: Yvette Joy Liebesman
      Abstract: The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the IP landscape in a significant way; it affects IP’s fundamental values and expands its limits. With this in mind, it is imperative that we examine who should be the intended infringer and whether all infringers should be treated the same with regards to remedies, based on the policy considerations when the act was drafted and today. Limiting the universe of infringers and the rights of copyright owners to the limits of protection when the 1976 Act was implemented is one viable approach to consider, as is differentiating remedies based on the type of infringer.
      PubDate: Thu, 17 Aug 2017 12:23:32 PDT
       
  • Copyright Easements

    • Authors: Jason Mazzone
      Abstract: When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author later assigns the copyright to a publisher, the copyright is held subject to the rights of the easement holder. The easement thus ties the author’s own hands: the author can no longer assign an unfettered copyright—and the publisher can no longer ask for it—because of the existence of the easement holder’s interests in the work. Copyright easements can protect the ability of authors, after they assign the copyright, and of others, to make productive uses of works in ways that are unlikely to affect the publisher’s economic interests. Copyright easements can also ensure that uses of works that do not require a copyright owner’s permission but which publishers frequently seek to prevent, such as fair uses, could occur more easily. Copyright easements thus benefit authors and the public alike. These benefits can be easily and immediately produced without any change to the Copyright Act.
      PubDate: Thu, 17 Aug 2017 12:23:29 PDT
       
  • Reconsidering Experimental Use

    • Authors: Rochelle Cooper Dreyfuss
      Abstract: In the years since the Supreme Court began to narrow the scope of patentable subject matter, uncertainties in the law have had a deleterious impact on several important innovation sectors, including, in particular, the life sciences industry. There are now initiatives to expand patentable subject matter legislatively. In this article, I suggest that the Supreme Court’s jurisprudence is an outgrowth of the concern that patents on fundamental discoveries impede scientific research. To deal with that issue, any measure to expand the subject matter of patenting should be coupled with a parallel expansion of defenses to infringement liability, including the restoration of a robust research defense. Most developed countries recognize strong defenses in favor of researchers and as OECD studies show, several are developing creative environments that lure scientists to relocate. It is therefore essential that the United States move quickly to enact laws that both encourage and facilitate research and that will preserve its technological dominance.
      PubDate: Thu, 17 Aug 2017 12:23:26 PDT
       
 
 
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