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  Subjects -> LAW (Total: 1227 journals)
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LAW (695 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 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: 18)
Akron Law Review     Open Access   (Followers: 3)
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
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: 13)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 52)
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)
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  
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: 10)
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)
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  
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: 21)
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: 8)
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  
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: 133)
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: 19)
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: 14)
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: 121)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
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: 21)
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)
Grey Room     Hybrid Journal   (Followers: 15)
Griffith Law Review     Hybrid Journal   (Followers: 12)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Catholic University Law Review
  [SJR: 0.177]   [H-I: 6]   [2 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0008-8390
   Published by Catholic University of America Homepage  [2 journals]
  • How Many #Followers Do You Have?: Evaluating the Rise of Social Media and
           Issues Concerning In Re CTLI’s Determination that Social Media Accounts
           are Property of the Estate

    • Authors: Patricia A. Leeson
      Abstract: With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, it did not address the issue of whether additional legal protection should be afforded to social media and the data it generates. This lack of guidance is particularly problematic because courts will likely struggle with the implication of assigning legal rights to social media accounts that are now to be regarded as property interests.This Note reviews a recent case decided by a U.S. Bankruptcy Court in Texas, In re CTLI, in which the court recognized a Twitter and Facebook social media account as property of a bankruptcy estate. Furthermore, this Note examines the court’s classification of social media accounts as customer lists and explores the possible application of existing legal principles involving trade secrets to social media accounts by reviewing how courts have classified customer lists as trade secrets. After considering the legal impact social media could have on trade secret law, this Note identifies three legal issues that courts now face now that social media accounts are property interests: ownership, consumer privacy, and trade secret protection.
      PubDate: Thu, 23 Mar 2017 18:27:54 PDT
       
  • Developing Exposure-based Preconception Tort Liability: A Scientific
           Challenge to Traditional Tort Concepts

    • Authors: Nicholas P. Putz
      Abstract: With all of the recent advances in science and technology, humans are being exposed to many new and complex substances for the first time. Such exposure has led to an array of medical complications, ranging from cancer to physical deformity. However, simultaneous advances in other areas of science and technology are, for the first time, beginning to provide humans with the tools to pinpoint the causes of disease. Unfortunately, a sufficient causal diagnosis in the medical field does not directly translate to an actionable harm in the U.S. legal system. In particular, injuries that may have resulted from prior generational exposure or injury are especially problematic. Legal recovery for these injuries often runs directly into doctrinal tort concepts that have been cemented in the U.S. legal system for centuries. Through the lens of preconception tort liability, this Comment attempts to reconcile archaic legal concepts with burgeoning medical and technological advances and contends that a coexistence between the two is possible.The Comment begins with an analysis of seminal preconception tort cases, and in particular, focuses on common roadblocks facing plaintiffs. Next, the Comment identifies medical and scientific advances that may prove useful in addressing these very shortcomings. Drawing on a variety of scientific, medical, and legal sources, the author seeks to provide a workable formula by which courts can begin to recognize tort actions spanning across generations, without having to sacrifice a commitment to hardened legal concepts like foreseeability and causation.
      PubDate: Thu, 23 Mar 2017 18:27:49 PDT
       
  • The Private Search Doctrine and the Evolution of Fourth Amendment
           

    • Authors: Adam A. Bereston
      Abstract: The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to uniformly apply the private search doctrine to technology because of the sheer volume of information that many technological devices can store and the fundamental differences between these devises and ordinary physical items. As a result, a circuit split has emerged that produces different results depending on how the scope of the initial private party search is defined.This Comment begins by introducing the Fourth Amendment as informed by its history and meaning at common law. It then traces the development of the Court’s Fourth Amendment doctrine from an approach that focused primarily on an individual’s property rights to one that is more concerned with an individual’s personal rights. This Comment then briefly examines the privacy rights that are protected under the Fourth Amendment and the challenges that modern technology presents for those rights. Next, this Comment introduces the private search doctrine, examines how it applies to searches of physical items, and reviews the analysis used by courts to identify whether a police search violated the Fourth Amendment. Furthermore, this Comment describes the circuit split that exists between the Fifth and Seventh Circuits, which adopt the broad view, and the Sixth and Eleventh Circuits, which adopt the narrow view, and the different results that are produced by each approach. Next, it discusses a problem that arises when the private party acts under direction of a government agent to conduct a subsequent search. Finally, this Comment argues that, should the Supreme Court be faced with resolving this circuit split, it should adopt the broad view because it is more in line with the underlying principles of the private search doctrine and the Fourth Amendment.
      PubDate: Thu, 23 Mar 2017 18:27:44 PDT
       
  • Obergefell’s Impact on Functional Families

    • Authors: Raymond C. O'Brien
      Abstract: More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies that became available over the past two decades to unmarried parents and how the Supreme Court’s decision in Obergefell will likely create an important paradigm shift in how courts deal with such cases in the future now that marriage is available to same-sex parents.
      PubDate: Thu, 23 Mar 2017 18:27:38 PDT
       
  • The Lost Due Process Doctrines

    • Authors: Paul J. Larkin Jr.
      Abstract: Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same fate as other precedents that are no longer considered “good law,” or if they can be reconciled with the underlying principles of the Magna Carta and continue to inform the Court’s ever-developing interpretation of constitutional law.
      PubDate: Thu, 23 Mar 2017 18:27:31 PDT
       
  • Rape on the Washington Southern: The Tragic Case of Hines v.
           Garrett

    • Authors: Michael I. Krauss
      Abstract: In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to protect against that risk if she did not voluntarily disembark.This article dives into the historical backdrop of this pivotal Virginian case by providing details on Ms. Garrett’s daily commute, the assaults, the police investigation, the lawsuit, both the trial and appeal, and the Virginia Supreme Court’s ultimate decision. Further, this article provides insight into the aftermath of this case and how the parties’ lives proceeded at its conclusion.Julia May Garrett's story, it turns out, is more than a story of proximate cause. It is in many ways a story about Virginia.
      PubDate: Thu, 23 Mar 2017 18:27:25 PDT
       
  • Administrators

    • PubDate: Thu, 23 Mar 2017 18:27:08 PDT
       
  • The Potential Effect of the Department of Labor’s New Fiduciary Rule on
           Broker-Dealers and the Middle Income Retirement Investors Who Rely on Them
           

    • Authors: Nadia Yoon
      Abstract: On April 6, 2016, the U.S. Department of Labor issued a final rule aimed at increasing the reach of the definition of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA). This rule closed a loophole that had allowed broker-dealers to avoid becoming investment advisers under ERISA, allowing them to provide bad advice to their retirement clients without disclosing material conflicts of interest. This note begins by laying out the fiduciary rules and standards under ERISA and the U.S. Securities and Exchange Commission’s oversight regime before the final rule. It then lays out the relevant details of the rule and its Best Interest Contract Exemption. Next, it analyzes how the rule has changed the fiduciary standards for broker-dealers. Finally, it concludes by exploring the potential impact the final rule may have for middle-income investors and some criticisms the Department of Labor received during the rule’s open comment period.
      PubDate: Tue, 17 Jan 2017 19:10:16 PST
       
  • Personal Jurisdiction in Hatch-Waxman Cases

    • Authors: Michael Marusak
      Abstract: The Hatch-Waxman Act drastically altered the way pioneer and generic pharmaceutical manufacturers litigate patent infringement disputes, allowing generic manufacturers to submit an abbreviated new drug application (ANDA) to the FDA, which states that it intends make a chemical equivalent of a patent owner’s drug. When the ANDA is accompanied by a Paragraph IV certification, representing that the generic intends to market the drug before the patent’s expiration because it believes the patent is invalid or will not be infringed by the generic’s drug, the ANDA submission itself creates an “artificial” act of infringement. With the Supreme Court’s recent tightening of general personal jurisdiction, many pioneers seeking to litigate these “artificial” infringement claims relied on a theory of specific personal jurisdiction to bring suits against defendants in their chosen forums. Consequently, it is important that courts hearing these cases clearly understand how they must apply the prongs of the specific jurisdiction “minimum contacts” analysis. However, in the decades following the Supreme Court’s decision in Helicopteros, which introduced the so-called “nexus” test – the requirement that courts must determine whether the litigation “arises from or relates to” the defendant’s contacts with a forum – the Supreme Court has provided frustrating little guidance for interpreting this requirement, leaving it up to lower courts to decide their preferred approach. This lack of guidance is particularly problematic in Paragraph IV cases, because the litigation is “artificial,” arising almost out of thin air when the generic submits an ANDA. Thus, a defendant’s contacts with a forum in these cases are, by nature, much more tenuous than a typical defendant’s contacts in a typical infringement suit.This Comment reviews a recent case decided by the Federal Circuit, Acorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc., in which the Federal Circuit considered the “nexus” requirement within the context of a Paragraph IV case, but failed to provide the type of clarity that Paragraph IV cases desperately need. Furthermore, this Comment argues that the public policy considerations behind the Hatch-Waxman Act support a permissive interpretation of the Helicopteros “nexus” requirement in Paragraph IV cases, and urges the Federal Circuit to adopt the “sliding scale” test favored in other circuits for these types of suits in the future.
      PubDate: Tue, 17 Jan 2017 19:10:12 PST
       
  • A-R-C-G- Is Not the Solution For Domestic Violence Victims

    • Authors: Lizbeth Chow
      Abstract: For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the elements needed to establish a successful asylum claim and surveys how previous domestic violence-based claims have fared. Next, this Comment examines and appraises various existing proposals for addressing the issue of domestic violence-based asylum. Finally, this Comment proposes two possible changes to the refugee definition that would more adequately address the issue of domestic violence-based asylum. This Comment also anticipatorily rebuts the argument that granting asylum to domestic violence victims, as a matter of law, would lead to a drastic increase in this type of asylum application. This Comment concludes that the decision in In re A-R-C-G- does not provide an adequate solution for domestic violence victims seeking asylum. Moreover, it is time for the United States to amend its refugee definition to explicitly extend protection (via asylum) to domestic violence victims.
      PubDate: Tue, 17 Jan 2017 19:10:08 PST
       
  • Tears in Heaven: Religiously and Culturally Sensitive Laws for Preventing
           the Next Pandemic

    • Authors: Eloisa C. Rodriguez-Dod et al.
      Abstract: This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.This Article focuses on the need for public health officials to accommodate the religious and cultural practices of communities impacted by serious health epidemics when developing effective emergency procedures. The authors explores the role of governmental authorities in preventing the spread of contagious diseases during public health emergencies by reviewing constitutional, state, and international laws and regulations that may apply during infectious disease threats. It also addresses how religious and cultural practices should be accommodated in light of the West Africa Ebola crisis and the Sin Nombre outbreak in the United States. It describes survivors’ legal rights regarding human remains and the importance of religious and cultural death rituals. Further, this Article sets forth a proposal, taking into account ethical and policy considerations, and ultimately proposes an interdisciplinary and proactive approach to development of laws and regulations to create a system that is adaptable, acceptable to the community, and scientifically sound.
      PubDate: Tue, 17 Jan 2017 19:10:04 PST
       
  • Poverty, the Great Unequalizer: Improving the Delivery System for Civil
           Legal Aid

    • Authors: Latonia Haney Keith
      Abstract: When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This article first provides an understanding of the current civil legal landscape, especially as it impacts low-income and modest-means Americans. This article then examines the many initiatives developed as a means of closing the justice gap and whether such initiatives have helped or harmed underserved populations. Finally, this article proposes three specific reforms – the development of a comprehensive triage mechanism, the infusion of business process improvement within legal aid organizations and the creation of legal information exchange organizations – all of which, if implemented, will make great strides toward streamlining the delivery system for civil legal aid.
      PubDate: Tue, 17 Jan 2017 19:10:00 PST
       
  • Siting Technology, Land-Use Energized

    • Authors: Steven Ferrey
      Abstract: Jurisdiction for the siting of electric power plants is vested in the fifty states, four territories, and thousands of local governments. Further complicating this scheme is federal government’s exclusive authority over certain transactions originating from these facilities. Against this backdrop of often divergent and conflicting laws, this article compiles a multijurisdictional review of the jurisdictional issues surrounding the regulation of electric power. Employing multiple state by state surveys, this paper compares electric power siting laws, the interactions between federal, state, and municipal authorities, and the mechanics of regulatory structures across the United States.
      PubDate: Tue, 17 Jan 2017 19:09:56 PST
       
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