1,592 research outputs found

    Repatriation of the Kohinoor Diamond: Expanding the Legal Paradigm for Cultural Heritage

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    This Article is segmented as follows: Part I provides an historical account of the temporal trajectory through which the Kohinoor diamond has evolved over the centuries. The exploration of the legality of repatriation begins in Part II, where it explains the structural difficulties presented by arguments that seek to justify the retention of cultural artifacts. This leads to the discussion of the existing international law framework in Part III. The background presented in these sections provides the foundation utilized to advance a theoretical framework that expands the definition of cultural artifacts to define the legal paradigm for the repatriation of cultural heritage. Finally, Part IV concludes with the affirmation that there is no place for the continuation of colonial blunders by refusing to repatriate cultural artifacts on account of commercial interests and faulty legal reasoning

    Illuminating Justice Marshall\u27s Death Penalty Jurisprudence Via the Prism of Dynamic Constitutionalism

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    Justice Thurgood Marshall: Exploring the Life and Legacy of One of America\u27s Most Celebrated Jurist

    The Emerging Reality of Social Media: Erosion of Individual Privacy Through Cyber-vetting and Law’s Inability to Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013)

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    The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and practical implications of cyber-vetting and suggests broad reforms focused on intelligently balancing individual rights and legitimate employer interests
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