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Recent Posts
- An Analysis of the Constitutionality of Arizona’s Ethic Studies Law
- Employer Not Vicariously Liable for Employee’s Assault, Says the New Jersey Supreme Court
- The Right to Confront Witnesses, but not Necessarily at Trial: Predicting a Judge-focused Remedy in Williams v. Illinois
- No Expertise Required: How Washington D.C. Has Erred in Expanding Its Expert Testimony Requirement
- Padilla v. Kentucky‘s Inapplicability to Undocumented and Non-Immigrant Visitors
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Category Archives: Legal Issues
Multiple Defendant Cases: When the Death Penalty is Imposed on the Less Culpable Offender
When more than one person is involved in a crime resulting in death, in most jurisdictions the felony murder doctrine operates to render everyone equally responsible for murder. Lay people often find it surprising, and somewhat disturbing, that the “lookout” … Continue reading
Posted in Articles, Legal Issues
Tagged Capital punishment, Crime and Justice, Death Penalty, Life imprisonment, Murder
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“Using Persons” and the Justification of Punishment
The short essay that follows has a very modest ambition. I want to explain why I have difficulty understanding a common motif in discussions of the moral status of criminal punishment. The goal is to stimulate other, more acute scholars … Continue reading
Posted in Articles, Legal Issues
Tagged Crime and Justice, Punishment, Retributive justice
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Vernor v. Autodesk: An Erosion of First Sale Rights
The first-sale doctrine is a long-standing exception to the exclusive right to distribution granted under copyright law. It provides that a copyright holder, after the initial sale of a copy of a work, has no right to control any downstream … Continue reading
Posted in Articles, Legal Issues
Tagged Copyright, First Sale Doctrine, Intellectual property
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Clearing and Trade Execution Requirements for OTC Derivatives Swaps Under the Frank- Dodd Wall Street Reform and Consumer Protection Act
This article examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the … Continue reading
New Governance and the Role of Public and Private Monitoring of Labor Conditions: Sweatshops and China Social Compliance for Textile and Apparel Industry/CSC9000T
Effective regulation has three essential components. First, the law must develop standards; second, there must be sufficient monitoring of compliance to detect non-compliance; and third, there must be some form of motivation to avoid non-compliance. The growth in international trade … Continue reading
Posted in Articles, Legal Issues
Tagged China, International Law, Regulatory compliance, Sweatshop
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Remediation of Unfair Labor Practices and the EFCA: Justifications, Criticisms, and Alternatives
There is widespread agreement that labor relations in America are in drastic need of reform. The National Labor Relations Board has a record backlog of cases, election disputes are taking unacceptably long to resolve, and unfair labor practices abound throughout … Continue reading
Posted in Articles, Legal Issues
Tagged Employee Free Choice Act, Labor Law, National Labor Relations Board, Unfair labor practice
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Defining Intellectual Disability: Fetal Alcohol Spectrum Disorders and Capital Punishment
The Center for Disease Control and Prevention estimates that, for every 1,000 live births in the United States, there are between 0.2 and 1.5 cases of a preventable mental disorder, Fetal Alcohol Syndrome (FAS). However, FAS only represents a small … Continue reading
Posted in Articles, Legal Issues
Tagged Conditions and Diseases, Disorders, Fetal alcohol spectrum disorder, Fetal Alcohol Syndrome, Mental Health
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The Vulnerabilities of the Patient Protection and Affordable Care Act and the Tragedy of Repeal
The Patient Protection and Affordable Care Act, (the “ACA”) passed by Congress on March 23 2010, and signed into law by President Barack Obama on March 30, 2010, is the first major health reform legislation to be enacted since 1965 … Continue reading
Posted in Articles, Legal Issues
Tagged Affordable Care Act, Health care reform, Patient Protection and Affordable Care Act
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More than the Victims: A Public Health Approach to Bullying of LGBT Youth
2010 might one day be known as the year that school bullying began to be taken seriously. If so, the long-overdue focus on the problem can be traced to a number of closely clustered, high-profile events that ended in tragedy … Continue reading
Posted in Articles, Legal Issues
Tagged Bully, Centers for Disease Control and Prevention, High school, LGBT, Violence and Abuse, Youth
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Victims Once Again? Civil Party Participation before the Extraordinary Chambers in the Courts of Cambodia
The Extraordinary Chambers in the Courts of Cambodia’s (ECCC) scheme for survivor participation has been hailed as groundbreaking and unprecedented, due in large part to the recognition of certain survivors as “civil parties” who were to be treated as full … Continue reading
Posted in Articles, Legal Issues
Tagged Cambodia, Extraordinary Chambers in the Courts of Cambodia, International Criminal Court, Khmer Rouge, Rwanda, War crime, Warfare and Conflict
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