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The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala 2023 American University in Cairo

The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala

Theses and Dissertations

The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …


The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman 2023 Emory Law School

The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman

Fordham Journal of Corporate & Financial Law

For many years, we and other commentators have observed the problem with allowing judges wide discretion to fashion appraisal awards to dissenting shareholders based on widely divergent, expert valuation evidence submitted by the litigating parties. The results of this discretionary approach to valuation have been to make appraisal litigation less predictable and therefore more costly and likely. While this has been beneficial to professionals who profit from corporate valuation litigation, it has been harmful to shareholders, making deals costlier and less likely to be completed.

In this Article, we propose to end the problem of discretionary judicial valuation by tracing …


An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah 2022 Faculty of Law, Hasanuddin University, Makassar, Indonesia,

An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah

Indonesia Law Review

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer …


A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen GA Pitel, Amy Salyzyn 2022 Dalhousie University - Schulich School of Law

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …


The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee 2022 Georgetown University Law Center

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …


Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee 2022 Georgetown University Law Center

Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …


U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd 2022 Maurer School of Law - Indiana University

U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The United States Senate on Monday (Dec. 5) confirmed an Indiana University Maurer School of Law alumna to the U.S. Court of Appeals for the Seventh Circuit.

The confirmation of the Hon. Doris L. Pryor, who earned her law degree from the Law School in 2003, was historic.


Lower Court Originalism, Ryan C. Williams 2022 Boston College Law School

Lower Court Originalism, Ryan C. Williams

Boston College Law School Faculty Papers

Originalism is among the most significant and contentious topics in all of constitutional law and has generated a massive literature addressing almost every aspect of the theory. But curiously absent from this literature is any sustained consideration of the distinctive role of lower courts as expositors of constitutional meaning and the particular challenges that such courts may confront in attempting to incorporate originalist interpretive methods into their own decisionmaking. Like most constitutional theories, originalism has tended to focus myopically on a select handful of decisionmakers—paradigmatically, the Justices of the Supreme Court—as the principal expositors of constitutional meaning. While this perspective …


Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence, Lauren Jaech 2022 University of Washington School of Law

Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence, Lauren Jaech

Washington Law Review

Twenty-four-hour lighting causes sleep deprivation, depression, and other serious disorders for incarcerated individuals, yet courts often do not consider it to be cruel and unusual. To decide if prison conditions violate the Eighth Amendment’s prohibition against cruel and unusual punishment, courts follow a two-part inquiry that requires examining the intent of prison officials (known as the subjective prong) as well as the degree of seriousness of the alleged cruel or unusual condition (the objective prong). Incarcerated individuals often file complaints challenging 24-hour lighting conditions. Whether they succeed on these claims may depend on the circuit in which they reside. Judges …


Litigation, Referendum Or Legislation? The Road To Becoming The First In Asia To Institutionalize Same-Sex Marriage, Tzu-Chiang Huang 2022 University of Michigan Law School

Litigation, Referendum Or Legislation? The Road To Becoming The First In Asia To Institutionalize Same-Sex Marriage, Tzu-Chiang Huang

Michigan Journal of Gender & Law

In the pursuit of same-sex marriage, advocates in each country evaluate the appropriate decision-making process for addressing this highly disputed issue—litigation, legislation, or referendum. The choice may be partially based on the institutional advantages of each approach, but more importantly, the choice is also conditioned by the legal and political context of each country, such as the authority of the court, the framing of public opinion, and the dynamics between movement and countermovement. Uniquely, all three decision-making processes are involved in the course of the institutionalization of same-sex marriage in Taiwan. This Article, focusing on the experience in Taiwan, examines …


Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa 2022 Indiana University Maurer School of Law

Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

On Nov. 1, my first day as the 17th dean of the Indiana University Maurer School of Law, I attended the robing ceremony for Derek Molter, Indiana’s 111th Supreme Court justice. This public ceremony was an opportunity for those in attendance to celebrate Justice Molter’s formal swearing in, which had occurred privately on Sept. 1. For the IU Maurer School of Law, it was also an opportunity to celebrate Justice Molter joining three other IU Maurer alumni on the five-person court.

Established in 1816, the court precedes our law school by about 30 years. Still, for most of Indiana’s history, …


Written Submission To The House Of Commons’ Justice And Human Rights Committee On Bill C-9: An Act To Amend The Judges Act, Craig M. Scott 2022 Osgoode Hall Law School of York University

Written Submission To The House Of Commons’ Justice And Human Rights Committee On Bill C-9: An Act To Amend The Judges Act, Craig M. Scott

Commissioned Reports, Studies and Public Policy Documents

This is a brief entered into evidence before the Canadian House of Commons’ Justice and Human Rights Committee during its consideration of Bill C-9, An Act to amend the Judges Act. Bill C-9 was introduced on First reading by the Government of Canada on December 16, 2021. The amendments in Bill C-9 concern the procedures by which the Canadian Judicial Council handles complaints of judicial misconduct. The brief argues that the Bill C-9 presents problems of transparency that undermine accountability of the judiciary in the face of concerns of misconduct. It seeks to demonstrate that Bill C-9’s effort to hide …


Judicial Bypass Abortions In Ohio: What Is “Sufficiently Mature”? Are Judges In The Best Position To Make This Determination?, Callie Ray 2022 Ohio Northern University

Judicial Bypass Abortions In Ohio: What Is “Sufficiently Mature”? Are Judges In The Best Position To Make This Determination?, Callie Ray

Ohio Northern University Law Review

No abstract provided.


Table Of Contents, 2022 University of Richmond

Table Of Contents

University of Richmond Law Review

No abstract provided.


Preface, Kelly O'Brien 2022 University of Richmond School of Law

Preface, Kelly O'Brien

University of Richmond Law Review

No abstract provided.


In Memoriam, Marla Graff Decker 2022 Court of Appeals of Virginia

In Memoriam, Marla Graff Decker

University of Richmond Law Review

The career of Judge Walter S. Felton, Jr., is marked indelibly with the theme of “called to service.” First, as a Captain in the United States Army, representing wounded soldiers returning home from Vietnam. Second, as counsel to one of Virginia’s Governors, which included playing a pivotal role in leading the Commonwealth through the unprecedented national tragedy of September 11, 2001, and its aftermath. Third, as a judge and then chief judge of the Court of Appeals of Virginia. These three stages of his career highlight Judge Felton’s commitment to public service and his value to his beloved Commonwealth.


Foreword, Wendy Collins Perdue 2022 University of Richmond School of Law

Foreword, Wendy Collins Perdue

University of Richmond Law Review

No abstract provided.


Cannabis Law, Lisa Moran McMurdo, Steven D. Forbes, Stewart R. Pollock, Christian F. Tucker 2022 Moran Reeves & Conn PC

Cannabis Law, Lisa Moran Mcmurdo, Steven D. Forbes, Stewart R. Pollock, Christian F. Tucker

University of Richmond Law Review

On July 1, 2021, Virginia became the sixteenth state to permit recreational use of cannabis. As of 2022, thirty-nine states have legalized the medical use of cannabis, and nineteen states and the District of Columbia have legalized the adult use of cannabis for recreational purposes. “A CBS News/YouGov poll released in April 2022 found that two-thirds of Americans want recreational [cannabis] use to be legalized under federal law and in their own state.” This Article summarizes the history of cannabis regulation and examines the current legal landscape in Virginia governing the possession, cultivation, manufacturing, and sale of cannabis.


Civil Practice And Procedure, Christopher S. Dadak 2022 University of Richmond

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article discusses Supreme Court of Virginia opinions and revisions to the Code of Virginia and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth over the last year. The Article first addresses opinions of the supreme court, then new legislation enacted during the 2021 General Assembly Session, and finally, approved revisions to the Rules of the Supreme Court of Virginia.


Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams, Robin M. Nagel, Tanner M. Russo 2022 University of Richmond

Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams, Robin M. Nagel, Tanner M. Russo

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.


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