Law Commons^™

December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Memo To The Sec On The Proposed Rule On Disclosure Of Payments By Resource Extraction Issuers, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

CCSI strongly supports the transparency of contracts and tax flows. CCSI shares the belief of many stakeholders that transparency is essential to leverage extractive industries for sustainable development and is in the mutual interest of all stakeholders. However, some industry players continue to voice the concern that increased transparency would be harmful for their business. Therefore, CCSI is working to also establish the business case for transparency.

In one such case, some industry players have been lobbying against the regulations developed by the Security and Exchange Commission to implement the mandatory disclosure provisions of the Dodd Frank Wall Street Reform …

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post

Scholarly Works

No abstract provided.

Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.

Jared A. Harshbarger

Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.

Holmes And Dissent, Allen P. Mendenhall

Allen Mendenhall

Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

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

November 16, 2011: A Secular Defense Of Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Secular Defense of Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett

Warwick Gullett

Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …

Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett

Warwick Gullett

On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Richard Mohr

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …

November 2, 2011: The Establishment Clause In Shambles, Bruce Ledewitz

Hallowed Secularism

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

Presidential Power And Constitutional Responsibility, Thomas P. Crocker

Faculty Publications

Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives. Against these anti-Madisonian approaches, this Article examines how the textual assignment of republican virtues helps to constitute and constrain the president's power. The Madisonian solution for constitutional constraint both creates institutions for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility is a consistent textual theme found in the command to "take Care that the Laws be faithfully executed," the responsibility to remain faithful to the office of president, and the obligation to preserve the Constitution itself. Although …

Overlitigating Corporate Fraud: An Empirical Examination, Jessica M. Erickson

Law Faculty Publications

Corporate law leaves no stone unturned when it comes to litigating corporate fraud. The legal system has developed a remarkable array of litigation options shareholder derivative suits, securities class actions, SEC enforcement actions, even criminal prosecutions all aimed at preventing the next corporate scandal. Scholars have long assumed that these different lawsuits offer different avenues for deterring the masterminds of corporate fraud yet this assumption has gone untested in the legal literature. This Article aims to fill that gap through the first empirical examination of the broader world of corporate fraud litigation. Analyzing over 700 lawsuits, the study reveals that …

A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen

Vanderbilt Law Review

Nathan Richardson 64 Vand. L. Rev. 1853 (2011) Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by …

October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Any Change in the Establishment Clause?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Standing on God/Pleading With God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …

October 19, 2011: The Religious Exemption, Bruce Ledewitz

Hallowed Secularism

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

October 9, 2011: Why Does There Need To Be A Ministerial Exception?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Does There Need to be a Ministerial Exception?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Epilogue, Mary E. Hiscock, William Van Caenegem

Mary Hiscock

Two events were selected by the faculty of law at Bond University to celebrate its twentieth birthday. The first in time was a Symposium on Internationalisation of Law in June 2009, and the second was an invitation to the last Law Man of the Wardaman People, an indigenous clan, to visit the Law School as Artist-in-Residence in September 2009 to depict his Law in a painting, and to explain its significance to the academic and the wider community. The painting will then remain at the Law School.

Copyright Basics, B. Douglas Robbins

B. Douglas Robbins

In this paper we discuss the fundamentals of copyright law: what sort of works are protected by copyright, what sort of works are not protected, how copyright protection operates, the term of copyright protection, and what the consequences are for copyright infringement.

Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

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

September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 14, 2011: The Fourth Circuit Gets A Prayer Decision Wrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fourth Circuit Gets a Prayer Decision Wrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.