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The Tunisian Spring: Women\u27s Rights in Tunisia and Broader Implications for Feminism in North Africa and the Middle East
Get PDFMore than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, if arguably popularly supported, coup. Egypt is now perhaps even more authoritarian and less free than it was under President Mubarak, and as President Sisi’s popularity continues to wane, many commentators argue that Egypt’s “deep state” remains in control of the country despite the 2011 revolution or 2013 coup. Likewise, little has changed in Morocco, where after widespread protests and a promising youth-led grassroots initiative (the February 20th Movement), the majority of Moroccans eventually stood pat when King Mohammed VI made largely superficial democratic reforms
Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation in Newly-Legal Marijuana Industry
Get PDFHistorically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.
Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and as a result, stains remain on the records of a disproportionate number of blacks. Marijuana has become a big business, often being compared to the Gold Rush and referred to as the Green Rush. However, regulations across states that are a part of this Green Rush effectively wall out those once convicted (overwhelmingly blacks) for participating in, and profiting from, the very same industry.
This Comment will discuss the history of racial disparity in enforcement of marijuana laws across the United States; the effect of state-sanctioned legalization of marijuana use, possession, and sale in limited states; the stance of the United States in general as it applies to policy on retroactive relief when laws change; the different avenues states have taken thus far to address how changes in the law should affect those already convicted; evidence of the big business opportunities emerging in legal marijuana markets; and the barriers to entry that exist—particularly for blacks—who have been disparately negatively impacted by the war on drugs
Law Reason and Emotion: Proceedings of the XXVII World Congress on the Philosophy of Law and Social Philosophy
No full textThis conference pamphlet contains the schedule for the conference and well as abstracts for the plenary lectures that occurred
Cities, Inclusion and Exactions
Get PDFCities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, Maryland’s inclusionary zoning ordinance, this Article considers the impact that the uncertainty in the law may have had on the type of inclusionary zoning ordinance adopted by the city. This Article argues that the conversation about inclusionary zoning, land use regulation, and exactions has been formulated in the context of imagery about development that leaves places like Baltimore out. The imagery in these narratives is of an individual landowner powerless in the face of government overreach. The reality is different in those places where land developers are not powerless and instead are often politically influential repeat players. Thus, the real problem presented may be not how to craft doctrine to prevent cities from asking too much of developers, but instead to craft doctrine that ensures cities do not give away too much
Why a Strong Patent System is Vital
No full textLast month was the 25th anniversary of the dissolution of the Soviet Union, marking the end of the Cold War. Just a few years earlier, it seemed unfathomable that a world superpower would simply disband. And yet, the USSR was destined to lose its confrontation with the U.S. despite having more nuclear weapons, being first in space, having a larger army, and sitting on a much bigger cache of natural resources. The reason was the insurmountable American lead in innovation.
But why was there such a lead? Were the American engineers, chemists, doctors and other professionals innately brighter than their Soviet counterparts? Obviously they weren’t. The Soviet Union, like every other country in the world had people with inventive and inquisitive minds. My father, who was an engineer in the USSR and remained a successful one after immigrating to the U.S, didn’t receive an extra dose of smarts upon landing at the JFK airport.
The reason we outinnovated the USSR is rooted in the American system that treats inventions as any other property, subject to the full protection of the law. In contrast, the Soviet legal system essentially made sure that the inventors’ creative capacities would not be directed towards improving lives of their fellow citizens. What made America win the Cold War, in large part, was our strong patent regime
Editorial Notes: April 2017
Get PDFThis issue of Family Court Review (FCR) begins by honoring the life and memory of Ruth Stern, former Managing Editor of Family Court Review, who passed away in October, 2016. Her husband, Professor Herbie DiFonzo, offers glimpses into Ruth\u27s life and their life together. Coming from a baseball family myself, I am particularly moved by Ruth\u27s and Herbie\u27s mutual passion for the New York Mets. It is obvious from the details Herbie graciously shares that theirs was a love and a life of unique tenderness and togetherness. I am deeply grateful to Herbie for allowing us the privilege to publish this tribute to Ruth.
The April 2017 issue consists of six articles and two law student notes. In this volume, we have initiated a practice discussed during the 2016 Editorial Board meeting at the AFCC Annual Conference in Seattle. From time to time, FCR editors and staff plans to publish articles longer than the standard twenty-five pages. By doing so, we hope to encourage the submission of additional scholarly articles from academics who, in lieu of submitting their articles to FCR, choose other professional publications that allow for documents of longer length. Thus, this is a call to our readers to encourage authors to submit articles to FCR that they heretofore may have submitted to other journals
Partnership Tax Allocations: The Basics
Get PDFThis article endeavors to help practitioners who are not partnership tax allocation experts identify when they should consult with those with that expertise. The partnership-allocation Treasury Regulations have been called a creation of prodigious complexity ... essentially impenetrable to all but those with the time, talent, and determination to become thoroughly prepared experts on the subject. This article is written for those, to date at least, without that time and determination. At the same time, the article provides an introduction to the partnership tax allocation rules for those contemplating making the requisite investment of time and determination.
The term partnership, for purposes of this article, means a tax partnership. A tax partnership typically includes state law partnerships and limited liability companies (LLCs) with two or more members. The term partner may also refer to an LLC member.
Regarding tax law generally, there is almost no rule without an exception. Accordingly, half the sentences in this article could begin with the words typically or generally ; generally, they don\u27t
Comment: Maryland State Drone Law Puts Residents at Risk of Privacy Intrusions from Drone Surveillance by Law Enforcement Agencies
Get PDFAs technology rapidly advances, society is becoming more efficient and interconnected than ever before. Unmanned Aircraft Systems ( UAS ), more frequently referred to as drones, have taken on an increasingly involved role in the progression towards a more interconnected society. For example, drones are presently capable of improving our ability to monitor potentially devastating storms, improving wildlife conservation efforts, increasing efficiency in agriculture, transporting goods to underdeveloped countries, and providing several forms of vital assistance to law enforcement.
Although the potential for drones appears promising, the advancements of drone capabilities have been met with increasing concerns regarding the government\u27s ability to keep pace and provide regulations on drone usage. Regulations are necessary to promote a balance between citizens\u27 privacy rights and legitimate uses of drones that allow society to exploit this technological advancement. The concerns surrounding invasions of privacy by drones involve intrusions by commercial and recreational operators, but are mainly a result of the various drone uses by law enforcement agencies, primarily their use of drone surveillance to obtain evidence.
The use of drones is relatively new to our government and there are still many unanswered questions regarding how to promote the safe and effective use of these aircrafts. Consequently, the lack of sufficient regulations by the federal government has left state governments scrambling to put together guidelines on drone usage. As expected, the lack of comprehensive drone regulation has only increased the concern of citizens who fear that the unregulated use of drones puts their privacy rights at risk
Recent Development: Seley-Radtke v. Hosmane: The Standard of Proof Requirement in a Purely Private Defamation Action for an Individual Asserting A Common Law Conditional Privilege is Preponderance of the Evidence
Get PDFThe Court of Appeals of Maryland held that a party seeking to overcome a common law conditional privilege in a purely private defamation suit must do so by a preponderance of the evidence. Seley-Radtke v. Hosmane, 450 Md. 468, 474, 149 A.3d 573, 576 (2016). The court also held that evidentiary issues not addressed by the court of special appeals are not subject to review by the court of appeals. Id. at 510, 149 A.3d at 598 (citing Md. R. 8- 131(b)(1)). Further, the court held that prejudicial evidence irrelevant to a claim is not admissible at trial. Seley-Radtke, 450 Md. at 513-14, 149 Md. at 600.
Katherine Seley-Radtke ( Seley-Radtke ) and Ramachandra Hosmane ( Hosmane ) were professors at the University of Maryland, Baltimore County ( UMBC ). Following allegations that Hosmane sexually assaulted one of his graduate students, Brahmi Shukla ( Shukla ), UMBC officials conducted an investigation and determined that Hosmane violated UMBC\u27s sexual harassment policy. On January 1, 2010, Hosmane resigned from his position on the condition that the findings from the UMBC investigation would not be publicized. Later, Hosmane and Shukla entered into a settlement agreement in which Hosmane paid Shukla $10,000 in return for Shukla dropping any civil and criminal claims against Hosmane