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Articles 4141 - 4170 of 188116
Full-Text Articles in Law
Law School News: Welcome, Rwu Law Class Of 2025! 08-15-2022, Michael M. Bowden
Law School News: Welcome, Rwu Law Class Of 2025! 08-15-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Brief In Opposition, Twitter, Inc. V. Taamneh, 143 S.Ct. 1206 (2023) (No. 21.1496), Eric Schnapper, Keith L. Altman, Daniel W. Weininger
Brief In Opposition, Twitter, Inc. V. Taamneh, 143 S.Ct. 1206 (2023) (No. 21.1496), Eric Schnapper, Keith L. Altman, Daniel W. Weininger
Court Briefs
No abstract provided.
Ndls Communicator: Week Of 08.15.22, Notre Dame Law School
Ndls Communicator: Week Of 08.15.22, Notre Dame Law School
NDLS Communicator
The Latest News
- U.S. Supreme Court Justice Samuel Alito delivered the keynote address at the 2022 Notre Dame Religious Liberty Summit
- Religious Liberty Summit Awards
- RLI Summit Videos
- Professor Samuel Bray elected to the American Law Institute
- Jay Tidmarsh was quoted in the Detroit News
- Lloyd Mayer was quoted by Exposed by CMD in two articles about the 501(c)(4) organization funded by the Koch family.
- Jimmy Gurulé was quoted by Newsweek in "Why Did Trump Plead The Fifth Amendment?—What We Do Know, What We Don't."
- Diane Desierto contributed to the new issue of the European Journal of International Law.
- Stephanie …
The “New Era” Of Adr, Alexis Narotzky
The “New Era” Of Adr, Alexis Narotzky
CJCR Blog
On January 4, 2022, customers who purchased tickets via Ticketmaster since July 2021 sued Ticketmaster and its parent company Live Nation Entertainment, Inc. (“Live Nation”) alleging “widespread monopolization” related to fees charged with all ticket purchases. This litigation is a follow-up to a January 2021 complaint alleging the same. In response to the initial complaint, Ticketmaster changed its arbitration forum from JAMS to New Era ADR (“New Era”).
This post was originally published on the Cardozo Journal of Conflict Resolution website on August 13, 2022. The original post can be accessed via the Archived Link button above.
Akrong Presented With Student Leadership Award, James Owsley Boyd
Akrong Presented With Student Leadership Award, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The 2022 Student Leadership in Fostering Community and Inclusiveness Award was presented earlier today to 3L Abby Akrong. Established in 2018, the award, which comes with a $2,000 scholarship, celebrates a student who “goes above and beyond to foster our diverse, inclusive, supportive, and welcoming community.” Recipients are honored for their work in the previous year.
Appellate Court Forum, Verónica Gonzales-Zamora
Appellate Court Forum, Verónica Gonzales-Zamora
Faculty Scholarship
State Bar of New Mexico, Annual Meeting 2022
A plenary presentation at the annual meeting, the forum informed the bar about the state of the appellate practice in New Mexico and provided an opportunity to exchange ideas for improvement.
Are All Risks Created Equal? Rethinking The Distinction Between Legal And Business Risk In Corporate Law, Adi Libson, Gideon Parchomovsky
Are All Risks Created Equal? Rethinking The Distinction Between Legal And Business Risk In Corporate Law, Adi Libson, Gideon Parchomovsky
All Faculty Scholarship
Should corporate legal risk be treated similarly to corporate business risks? Currently, the law draws a clear-cut distinction between the two sources of risk, permitting the latter type of risk and banning the former. As a result, fiduciaries are shielded from personal liability in the case of business risk and are entirely exposed to civil and criminal liability that arises from legal risk-taking. As corporate law theorists have underscored, the differential treatment of business and legal risk is highly problematic from the perspective of firms and shareholders. To begin with, legal risk cannot be completely averted or eliminated. More importantly, …
Scotus Invalidates Obama Clean Power Plan, J. David Aiken
Scotus Invalidates Obama Clean Power Plan, J. David Aiken
Cornhusker Economics
On June 30, 2022, the Supreme Court of the United States (SCOTUS) ruled in the case of West Virginia v. EPA that the US Environmental Protection Agency (EPA) could not implement the 2016 Obama administration Clean Power Plan (CPP). This article briefly discusses the CPP, the CPP litigation, the Court's opinion in West Virginia v. EPA, and what the decision means for Biden administration climate policy.
Demystifying Implied Terms, Marcus Moore
Demystifying Implied Terms, Marcus Moore
All Faculty Publications
Recent years have witnessed significant interest in demystifying the implication of contract terms. Whilst the discussion thus far has elicited some answers, the subject remains notoriously ‘elusive'. This article advances discussion in the field. It argues that underlying recent debates are deeper issues that must be brought to the surface. These include theoretical incoherence regarding the nature/purpose of implication tracing back to The Moorcock (1889), and analytical indeterminacy in applying the established ‘tests' for implication, as courts vary between conflicting instrumental and non-instrumental approaches. Feeding both issues is inconsistent linguistic use of core terminology. This article helps demystify implication by …
Selling Antitrust, Herbert J. Hovenkamp
Selling Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most people than, say, civil rights or criminal law. The more serious problem is that when the general press does talk about antitrust policy it naturally gravitates toward the fringes, both the far right and the far left. Extreme rhetoric makes for better press than the day-to-day operations of a technical enterprise. The extremes are often stated in overdramatized black-and-white terms that avoid the real …
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
Popular Media
No abstract provided.
Progress As Impact: A Contemporary View Of Copyright And Patent Clause, Alina Ng
Progress As Impact: A Contemporary View Of Copyright And Patent Clause, Alina Ng
Journal Articles
This paper argues that the incentive-welfare functions of patents and copyrights would be enhanced by embracing a more purpose-driven view of inventions and creative expressions. This paper is divided into three parts to show how conceptualizing “progress” as the betterment of society through the use of impactful intellectual property will ultimately benefit both the creator and recipient of the work so that the incentive welfare function of the law is maximized. Part I of the paper explores the concept of progress as a goal undergirding the patent and copyright systems and shows how the conventional understanding of progress as “creation” …
Race And Regulation Podcast Episode 8 - Vaccination Equity By Design, Olatunde C. Johnson
Race And Regulation Podcast Episode 8 - Vaccination Equity By Design, Olatunde C. Johnson
Penn Program on Regulation Podcasts
Racial disparities have occurred in COVID-19’s health effects and fatalities. They have persisted through the rollout of COVID-19 vaccines too, which saw a greater uptake in socioeconomically privileged segments of the population. These outcomes did not have to occur. Olatunde Johnson of Columbia Law School discusses how regulators could have made different policy design choices to promote greater equity in the vaccine rollout—and she draws key lessons not only for the next public health emergency but also for improving racial equity more generally.
Hearing Before The United States Senate Committee On Rules And Administration: The Electoral Count Act: The Need For Reform, Derek T. Muller
Hearing Before The United States Senate Committee On Rules And Administration: The Electoral Count Act: The Need For Reform, Derek T. Muller
Congressional Testimony
Originally published by the United States Senate Committee on on Rules and Administration
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor
Articles & Book Chapters
This paper presents Indigenous community-led, collaborative, and community-engaged water governance research with a First Nations community in the Georgian Bay and Lake Huron region in northeastern Ontario, Canada. The methodology draws on Indigenous approaches to understanding and developing knowledge and is designed to build community capacity in research and in water protection and governance. This approach recognizes existing community strengths, including traditional knowledge, experiences, perspectives, and associated cultural perspectives and values, laws, responsibilities and lived experience in relation to water. Results identify and contextualize community-held responsibilities and legal principles pertaining to water that support culturally relevant water governance and strategic …
Dobbs Is Not A Religion Case, Bruce Ledewitz
Dobbs Is Not A Religion Case, Bruce Ledewitz
Law Faculty Publications
I was unhappy, but not surprised, to see Canopy Forum including Dobbs v. Jackson Women’s Health Organization, the case that overruled Roe v. Wade, in a call for submissions under the rubric, “Law and Religion in Pressing Supreme Court Cases.” I was not surprised because, for years, many critics have labeled pro-life opposition to Roe a purely religious viewpoint. But there is nothing inherently religious about qualms concerning abortion, nor is there anything specifically religious in the Dobbs majority opinion.
This Is The Right Moment For The Democrats To Run A Fiscal Hawk, Bruce Ledewitz
This Is The Right Moment For The Democrats To Run A Fiscal Hawk, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Unaccommodated: How The Ada Fails Parents, Sarah H. Lorr
Unaccommodated: How The Ada Fails Parents, Sarah H. Lorr
Faculty Scholarship
No abstract provided.
Turning Participation Into Power: A Water Justice Case Study, Jaime A. Lee
Turning Participation Into Power: A Water Justice Case Study, Jaime A. Lee
All Faculty Scholarship
This Article offers a revamped model of participatory governance—the Constituent Empowerment Model (CE Model)—which affirmatively shifts power to the voices of marginalized constituents so that they can influence governmental policy. The CE Model focuses on three concepts necessary to produce this shift in power to those who are traditionally unheard: operationalized (feasibly realized) participation; constituent primacy; and structural accountability. To illustrate how a CE system might be constructed, this Article examines a model recently adopted in the city of Baltimore, Maryland, that is designed to shift the balance of power between the water utility and its customers. Baltimore offers a …
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Articles & Chapters
If a world is to be lived in, it must be founded. This foundational function belongs to the sovereign imagination. What a polity names as sovereign in the state of exception, when the sacred irrupts anew, is a matter of individual and collective responsibility. In this dispensation, law, politics, and religion become inescapably entangled in metaphysics. It behooves us to understand the nature and consequences of this state of affairs.
Rectifying Wrongful Convictions Through The Dormant Grand Jury Clause, Colin Miller
Rectifying Wrongful Convictions Through The Dormant Grand Jury Clause, Colin Miller
Faculty Publications
In 1995, Lamar Johnson was convicted of a murder in St. Louis. Twenty-two years later, St. Louis Circuit Attorney Kimberly Gardner created a Conviction Integrity Unit (CIU) to review possible wrongful convictions. After reviewing Johnson’s case, the CIU concluded that Johnson was innocent. Then, consistent with her special responsibility as a prosecutor to seek to remedy wrongful convictions, Gardner filed a motion for a new trial. The court, however, denied the motion, holding that there was no enabling legislation in Missouri authorizing CIUs to seek relief for wrongful convictions. Gardner is not alone in her inability to rectify wrongful convictions. …
Cyborgs And The Americans With Disabilities Act, Lou Colasanti
Cyborgs And The Americans With Disabilities Act, Lou Colasanti
Student Scholarship
Medical technology is advancing at lightning speed with the potential to drastically benefit the disabled. These new technologies will result in humans who will use a wide array of assistive technologies and will likely be labelled as Cyborgs. Assistive technologies such as self-driving cars, robots, computer chip implants, insertable medical hardware, and exoskeletons are already well developed. The day is rapidly approaching when Cyborgs as a class will be large and influential. Critically, the Americans with Disabilities Act (ADA), the judges tasked with enforcing this legislation, and the legislature itself are all ill equipped to handle the speed of this …
Recent Developments In International Litigation, 57 Tort Trial & Ins. Prac. L.J. 411 (2022), Mark E. Wojcik
Recent Developments In International Litigation, 57 Tort Trial & Ins. Prac. L.J. 411 (2022), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dobbs Is Not A Religion Case, Bruce Ledewitz
Dobbs Is Not A Religion Case, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Supporting Good Governance Of Extractive Industries In Politically Hostile Settings: Rethinking Approaches And Strategies, Leila Kazemi, Ricardo Soares De Oliveira
Supporting Good Governance Of Extractive Industries In Politically Hostile Settings: Rethinking Approaches And Strategies, Leila Kazemi, Ricardo Soares De Oliveira
Columbia Center on Sustainable Investment
This discussion paper is the product of a workshop entitled “Supporting Good Governance of Extractive Industries in Politically Hostile Settings: A View from Sub-Saharan Africa,” organized by the Oxford Martin School (OMS) Programme on African Governance and the Columbia Center on Sustainable Investment (CCSI) and supporting research. The workshop brought together global and local researchers and practitioners with a wide range of experience with extractives governance, particularly, though not exclusively, in the sub-Saharan African region. The meeting built on prior research and discussions held as part of CCSI’s project on the Politics of Extractive Industries, dedicated to supporting the field …
International Investment Governance And Achieving A Just Zero-Carbon Future, Ella Merrill, Martin Dietrich Brauch, Lisa E. Sachs
International Investment Governance And Achieving A Just Zero-Carbon Future, Ella Merrill, Martin Dietrich Brauch, Lisa E. Sachs
Columbia Center on Sustainable Investment
As developing countries continue to be the most negatively affected by climate change and the energy transition, it is increasingly critical that they receive foreign direct investment and financial support to build climate resilience, adapt to climate impacts, avoid carbon lock-in and fossil fuel dependence, and leverage their rich endowments of renewable and extractive resources to prepare for the zero-carbon future.
There is a disconnect and fundamental misalignment between international investment law and the international climate change regime, comprising the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. Existing investment treaties—including their centerpiece, investor–state dispute settlement …
A Religious Right To Abortion: Legal History And Analysis, Law, Rights, And Religion Project
A Religious Right To Abortion: Legal History And Analysis, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
There is a long and rich history of religious support, across a wide range of faith traditions, for the right to reproductive autonomy, including abortion. A number of religious denominations, including the Presbyterian Church, Reform and Conservative Judaism, the United Church of Christ, and the Unitarian Universalist Association, support a legal right to abortion in most or all circumstances. Several religious denominations have even — long before the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization — issued statements explaining that the right to reproductive health care is an essential aspect of their members’ religious …
Columbia Law Experts Submit Two Briefs To Supreme Court In Free Speech/Lgb Rights Case, Law, Rights, And Religion Project
Columbia Law Experts Submit Two Briefs To Supreme Court In Free Speech/Lgb Rights Case, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
Columbia Law School faculty and policy teams submitted amicus briefs to the Supreme Court on Friday in 303 Creative v. Elenis, a case the Court will decide next term.
Product Liability Action: A Tooth To Strengthen Consumer Protection, Ashok R. Patil
Product Liability Action: A Tooth To Strengthen Consumer Protection, Ashok R. Patil
Articles
As the world shifts to technological advancements, the advent of e-commerce marks its peak, particularly in India, where it has been earmarked as the fastest growing market with an annual growth rate of 51%. While these developments are an important part of globalization, a few challenges come along. Issues like unfair contracts, privacy, data protection, faulty goods, refund or return remained unaddressed as the earlier existing Consumer Protection Act, 1986 did not elucidate on the same. Given the above, the Law Commission of India had recommended that a separate law be enacted for better consumer protection. Based on the recommendations …
Book Review Of ‘Women, Peace And Security And International Law’, Christine Chinkin, Cambridge University Press, Akhila Basalalli
Book Review Of ‘Women, Peace And Security And International Law’, Christine Chinkin, Cambridge University Press, Akhila Basalalli
Articles
The social neutrality and gender disregard of mainstream international law have motivated the pioneering works of Christine Chinkin in addressing the gender disparity, for instance, the book ‘The Boundaries of International Law: A Feminist Analysis’ co-authored with Hilary Charlesworth. The book ‘Women, Peace and Security and International Law’ by Chinkin is an updated and detailed version of the lecture delivered in the Lauterpacht Centre for International Law in October 2016 as a part of the Lauterpacht lecture series. It was subsequently published by Cambridge Publishers in 2022.