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Drug-Induced Homicide: Challenges and Strategies in Criminal Defense
Get PDFNearing the end of its second decade, the crisis of fatal opioid-involved overdoses in the United States has gone from bad to worse. In 2017, approximately 72,000 people died of a drug overdose in the United States. Overdose is now the leading cause of death for people under fifty. There is broad agreement that reducing opioid overdose deaths requires wider distribution of the opioid antidote naloxone, rapid scale-up in evidence-based treatment, and reducing the stigma associated with substance use and addiction. However, progress on these and other vital public health interventions remains abysmally slow. Meanwhile, there is a new and growing trend in enforcing drug-induced homicide and similar laws in overdose death cases. Originally intended to implicate dealers in accidental drug overdoses, such charges were rarely brought until recent years. Just since 2010, however, media coverage of prosecutions based on such provisions has spiked at least threefold, from 363 in 2011 to 1,178 in 2016
Protecting Consumers As Sellers
Get PDFWhen the majority of modern contract and consumer protection laws were written in the 1950s, ’60s, and ’70s, consumers almost always acted as buyers, and businesses almost always acted as sellers. As a result, these laws reflect a model of strong sellers and weak buyers. But paradigms are shifting. Advances in technology and constraints on consumers’ financial lives have pushed consumers into new roles. Consumers today often act as sellers—hawking gold to make ends meet, peddling durable goods on eBay, or offering services in the sharing economy to make a profit. Consumers and business models have changed, but the laws have not. This Article uncovers the new role that consumers play as sellers and argues that lawmakers should reform outdated laws to protect them
Protecting the Rights and Interests of Sukuk Holders from the Risks of Default/Counterparty, Bankruptcy and Shari\u27ah Reality, Development and Challenges (Special Attention to Saudi Arabia)
Get PDFThe Sukuk markets, including the Saudi Arabian market, involve a variety of risks, the most important of which are credit and bankruptcy risks. This relatively new industry should be responsible for protecting the interests of potential Sukuk holders, whether individuals, financial institutions or banks, from credit and bankruptcy risks in order to maintain the reputation of these Islamic investment financial instruments and to increase their pace of growth. This dissertation highlights the negative effects of default on investors in Sukuk and highlights Shari’ah restrictions on various treatment options. We aim to examine the current efforts, with special attention to the Saudi Arabian reality, in dealing with the risks of default and bankruptcy, and to discuss how best to protect potential Sukuk holders from these risks in jurisdictions governed by Islamic law or Islamic arbitration, such as Saudi Arabia. The present research includes some aspects of comparison between traditional debt instruments and Sukuk. In the present research, we develop upon the current financial guarantees and preventive measures provided to combat these risks and provide reinforcing standards and solutions in a way that does not contradict the provisions of Islamic law and finance. Also, we discuss the challenges these proposed solutions may face and offer solutions to addressing some those challenges. The challenges are related to Shari’ah, cultural, and legislative aspects. This dissertation depends on and uses methods of qualitative research concerning Sukuk defaults by focusing on the development of theory, using case studies that are either based on Ijarah (leasing), Musharakah (joint venture) or Murabahah (sale on profit)
The Hidden Fences Shaping Resegregation
Get PDFThis Article offers a window into the experiences that inform the neighborhood choices of middle-class and upper-middle-class Blacks. As I suggest below, there are many hidden fences, walling off white neighborhoods and restricting Blacks’ housing choices in de facto ways. These hidden fences exist in the form of the many challenges Blacks face when moving to white neighborhoods. The obstacles to easy, contented lives range from police harassment to anti-integrationist violence that push Blacks into less affluent neighborhoods. Ultimately, this Article demonstrates how race can circumscribe housing choice and social mobility, even in the absence of legal barriers restricting where one can live
Insider Trading Framework in United States and Egyptian Stock Markets
Get PDFThis thesis examines the law of insider trading in both the American and Egyptian legal systems. It seeks to pinpoint the policy rationale behind prohibiting insider trading, the theories of civil enforcement and criminalization, and the concept of tipping in the United States. It also analyzes the express statutory prohibition under Egyptian law. Furthermore, it explains the doctrinal link between securities fraud and insider trading in the U.S. as well as the enforcement mechanisms in place at the SEC, the NYSE, and the NASDAQ. It also surveys the surveillance authority of the Egyptian Financial Regularity Authority and of the Egyptian Stock Exchange. It concludes to that both the American and Egyptian law prohibit the offense of insider trading and that there is an effective enforcement mechanism in the United States. Yet, the Egyptian enforcement authorities still need to adopt a clear and more efficient procedure for enforcing the offense of insider trading. The Egyptian Financial Regularity Authority resources should be bolstered to recruit skilled personnel and equip them with artificial intelligence technology
What Is Puerto Rico?
Get PDFPuerto Rico is suffering through multiple crises. Two are obvious: a financial crisis triggered by the island’s public debts and the humanitarian crisis brought on by Hurricane Maria. One is not: the island’s ongoing crisis of constitutional identity. Like the hurricane, this crisis came from outside the island. Congress, the U.S. Supreme Court, and the Executive Branch have each moved in the last twenty years to undermine the “inventive statesmanship” that allowed for Puerto Rico’s self-government with minimal interference from a federal government in which the people of Puerto Rico had, and have, no representation. From the point of view of federal officials, it now appears that statehood, independence, or subjugation are the only constitutionally acceptable options for Puerto Rico. Yet the federal government’s formalist absolutism is inconsistent with the text and history of the U.S. Constitution—as well as the needs and desires of the U.S. citizens who make up Puerto Rico’s population. A review of the constitutional history of the Territory Clause, including a reexamination of the difficult Insular Cases, reveals the range of sovereign relations available to Puerto Rico within its current Commonwealth status. Only a resumption of inventive statesmanship, of the kind found throughout U.S. history, including the modern treatment of Indian tribes, can provide a satisfactory answer to the question of “What Is Puerto Rico?,” and only a satisfactory answer to that question can contribute the political preconditions for a lasting recovery from the financial and natural disasters afflicting the island
Developments in the Law Affecting Electronic Payments and Financial Services
Get PDFThis short article surveys developments in the law affecting electronic payments and financial services from June 1, 2017 to June 1, 2018. During this period, significant developments occurred that affected the regulation of initial coin offerings (ICOs), the Office of the Comptroller of the Currency’s proposal to issue “special purpose national bank charters” to FinTech companies, the CFPB’s final regulation of prepaid, general-purpose cards, state regulation of payroll cards, and how lawyers taking cryptocurrencies from clients as payment for services or for safekeeping should protect them. The survey also presents newly issued BitLicenses under the New York Department of Financial Services’ 2015 “BitLicense” regulation