Digital Commons Network^™

A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova

Review of law sciences

The article is devoted to the issues of reforming the legal education of the Republic of Uzbekistan. The article analyzes the reasons for the increased interest in the reforms of legal education. The foreign experience and modern trends in the teaching of legal disciplines in the preparation of qualification lawyers are investigated. A set of measures to modernize the system of training legal personnel is formulated, the basic element of which should be the modernization of consciousness. The urgency of the strategy of actions in the field of judicial and legal reforms is analyzed.

December 20, 2017: America In Retreat, Bruce Ledewitz

Hallowed Secularism

Blog post, “America in Retreat“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Martin's March, David B. Oppenheimer

David B Oppenheimer

Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..

Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer

David B Oppenheimer

In 1968, in the days following King's assassination, Congress passed the Fair Housing Act, prohibiting most housing discrimination based on race, color, religion, or national origin. [...] later that same year, the Supreme Court found that the long-dormant 1866 and 1867 Civil Rights Acts, prohibiting private racial discrimination, which had been ignored since the end of Reconstruction, remained valid. Since 1968, Congress has passed several laws intended to broaden federal civil rights, either to include more groups or, with increasing frequency, simply to reverse Supreme Court decisions.\n (California's statute applies to employers of five or more employees and prohibits harassment …

December 10, 2017: When Can Due Process Be Dispensed With?, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Can Due Process Be Dispensed With?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode

Maine Law Review

Over the last two decades, we have witnessed a transformation for women in law, but not a transformation in leadership positions. Almost 30% of lawyers are women, but they represent only about 15% of federal judges and law firm partners, and about 10% of law school deans and general counsel positions at Fortune 500 companies. The same patterns are apparent in other leadership sectors, such as management and politics. Women are half the electorate but only 15% of Congress and 6% of state governors. They account for about half of managers but only 1% of the Chief Executive Officers of …

Foreword: Law, Labor And Gender, Jennifer B. Wriggins

Maine Law Review

The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …

International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro

Columbia Center on Sustainable Investment Staff Publications

In the frame of its partnership with Uongozi – Tanzania, CCSI drafted a brief that reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some of the trade-offs and considerations that need to be taken into account when negotiating the domestic gas allocation.

Ccsi Submission To Un Special Rapporteur On Extreme Poverty Re: United States Country Visit, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

The United Nations Special Rapporteur on extreme poverty and human rights, Professor Philip Alston, will conduct a country visit to the United States in December 2017. In response to his call for input, CCSI sent a submission focused the United States’ role in the international investment regime, and the United States’ international investment agreements (IIAs), noting that the IIAs to which the US is a party raise tensions, and can potentially create conflicts, with the US’s human rights obligations, including those that apply extraterritorially, and exacerbate conditions of poverty, extreme poverty and inequality.

Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement.

CCSI’s overarching comments on the Guidance Note were that:

• Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the Bank
• It fails to provide any guidance on when involuntary resettlement should be considered unavoidable or how Borrowers can prioritize project designs that actually minimize displacement or other harms
• It fails to put rights-holders (or “affected stakeholders”) at the center of solutions
• Its discussion of …

At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …

Amicus Brief On Rights To Information And Public Participation In Colombia, Brooke Guven, Sam Szoke-Burke, Pedro Villegas

Columbia Center on Sustainable Investment Staff Publications

CCSI submitted an amicus brief to the Constitutional Court of Colombia concerning the Tutela hearing of Mansarovar Energy Colombia Ltd. v. Tribunal Administrativo del Meta (The Consulta Popular of Cumaral, Meta). The hearing concerned a challenge by Mansarovar Energy Colombia Limited of a municipal-wide referendum (the Consulta Popular) concerning whether or not the extraction of hydrocarbons should be permitted in the municipality of Cumaral. The municipality voted 97% against allowing the extraction of hydrocarbons.

CCSI’s brief focused on the international human rights law dimensions of the case, given that Colombia’s Constitution renders the government’s international human rights law obligations …

Caring For Humanity: Non-Profit Elderly Law, Sierra Samp

Capstone Projects and Master's Theses

This Capstone was an internship that focused on care in Humanity at Legal Services for Seniors. There is a journal that includes the observations of care in the law office. I focus on how attorneys care for each clients humanness while they are working on their cases. Attorneys may be doing work that can be quite intimidating, but the care they give is quite extraordinary.

November 29, 2017: The Acting Director And The Rule Of Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Acting Director and the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 21, 2017: The Revenge Of Ruth Ann Dailey, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Revenge of Ruth Ann Dailey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Honor For Veterans Day November 10, 2017, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.

Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Preface: Annual Survey 2017, Brian M. Melnyk

University of Richmond Law Review

No abstract provided.

Family Law, Allison Anna Tait

University of Richmond Law Review

Another year of family law activity in Virginia brought both new

legislation, which will likely have long-term impacts, as well as a

new set of judicial opinions that will bring changes to the Virginia

rules. The terrain covered in the legislation and opinions varies,

but it includes certain fixtures such as marriage and divorce requirements,

equitable distribution, spousal and child support, and

child custody. This brief overview addresses all these areas, beginning

with the legislative changes and then moving to the courts.

Annual Survey 2017: Table Of Contents

University of Richmond Law Review

No abstract provided.

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden

Law School Blogs

No abstract provided.

Brief For 72 Professors Of Intellectual Property Law As Amici Curiae In Support Of Respondents In Oil States Energy V. Greene's Energy, Gregory Reilly, Mark Lemley, Arti Rai

All Faculty Scholarship

This is a brief of 72 IP professors opposing the claim in Oil States that the IPR procedure is unconstitutional.Petitioner argues that only a court – indeed, only a jury – has the power to decide that the United States Patent and Trademark Office erred in granting a patent. That argument flies in the face of the history of patent law and this Court’s precedents.Patents are a creature of statute: as early as 1834, this Court specifically recognized that there is no “natural” or common law right to a patent. Rather, under its Article I power to establish a patent …

October 31, 2017: Is This Collusion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is This Collusion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway

Scholarly Works

The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …

Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen

Meir Dan-Cohen

Corporations' first amendment rights have received considerable judicial and scholarly attention in recent years. However, corporate speech cannot be studied adequately in isolation; rather, it is more fruitfully investigated within the broader context of collective speech. The author accordingly presents a theoretical framework for dealing with communications by different types of collectivities. The main distinction is between two paradigm collective entities: organizations and communities. Although it makes sense to ascribe speech to both, the grounds for extending constitutional protection are fundamentally different. Whereas communal speech has in and of itself expressive value that raises the first amendment's primary concerns, organizational …

Doing Deals With Aristotle—Today, Chapin F. Cimino

Seattle University Law Review

This analysis proceeds in six steps. In Part I, this Article sets the stage by describing the problem: while contracting behavior is increasingly complex, contract law and theory remain stubbornly uni-faceted. That is, while contracting and contractors are ever more modern, contract law and theory are ever more traditional. The greater the divide, the less useful contract theory is to contract law, and the less useful contract law is to contractors. This trend does not bode well for the future of contract law or theory. The question is how much of a crisis contract law will have to endure before …