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The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize The State Of Israel?, Mireille Rebeiz

Dickinson Law Review (2017-Present)

In October 2022, Lebanon and Israel signed a Maritime Border Agreement brokered by the United States of America. Lebanon does not recognize Israeli statehood, and the two States have been at war since 1948. This Article seeks to examine the following legal question: Does the signing of the Maritime Border Agreement imply Lebanese recognition of Israeli statehood? In response, this Article begins with a brief examination of the history of the territorial and border disputes between Lebanon and Israel (discussed in Section I), then proceeds to analyze the definition of statehood and the two theories of statehood recognition. International law …

The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko

Washington and Lee Law Review

Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and large discrepancies in life expectancy for Black Americans when compared to their White counterparts. While health is impacted by various factors, segregation has been shown to impose various challenges that make it difficult for Black Americans to attain good health.

Segregated Black communities struggle with economic inequality, environmental racism, and face …

Dobbs V. Jackson Women’S Health: Undermining Public Health, Facilitating Reproductive Coercion, Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier, Cecília Tomori

Faculty Scholarship

Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health infrastructure for reproductive health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary …

A Reflection Of Change: Evolutions In International Water Law Principles Through The Lens Of Euphrates-Tigris Dispute, Maeve Sullivan

Independent Study Project (ISP) Collection

As climate change intensifies, water scarcity will increase. Coupled with a growing global population, water security is a major modern challenge. To bring stability to international watercourses, states must establish effective sharing agreements. On this matter, international water law can help. International water law captures some of the major principles and considerations that states must account for while considering issues related to water security. This paper uses primary interviews and secondary sources to identify some of the major characteristics, features, and developments in international law to develop a conceptual framework for the topic. It then moves into a case study …

Comparing Agency Costs In Contract Production: Private Equity M&A Versus Corporate And Sovereign Bonds, Stephen J. Choi, Mitu Gulati, Robert E. Scott

Case Western Reserve Law Review

No abstract provided.

Panglima Laot And Contributions In Upholding Customary Law In Aceh's Maritime Regions (Panglima Laot Dan Kontribusinya Dalam Penegakan Hukum Adat Di Perairan Aceh), Heru Susetyo, Satrio Febriyanto, Shaubi Laidinar, Wahyumi Ilahidayah, Muhammad Febriansyah, Nadila Mahilaveda

The Indonesian Journal of Socio-Legal Studies

Panglima Laot has been felt in Aceh since the era of Sultan Iskandar Muda and is still known today. Panglima Laot is not part of the Aceh government but is recognized as Aceh's cultural heritage. Later, Panglima Laot was also regulated in the Aceh Qanun as the living law in Aceh. Culturally, it can be said that the Marine Commander is the leader of the fishermen in Aceh, whose job is to coordinate the fishermen, maintain maritime security according to their respective territories, and conserve Aceh's marine environment. This article examines the existence of Panglima Laot in Aceh in this …

A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe

Articles & Chapters

Progressive prosecutors differ from their more traditional counterparts primarily in the way in which they make decisions. They tend to bind their discretion by announcing categorical policies rather than making fact-based decisions case by case. This article catalogs the unusual degree of pushback progressive prosecutors have encountered from the public, legislatures, courts, police, and their own subordinate prosecutors. Drawing on fiduciary theory, it explains this reaction as a response to progressive prosecutors’ abdication of their fiduciary role. As a public fiduciary, prosecutors are entrusted with protecting the public’s abstract interest in justice, and an integral part of this role is …

Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong

Articles & Book Chapters

Canada has pursued policies of Indigenous assimilation and annihilation, many of which continue today. Among others, these include ‘Indian residential schools’, the Indian Act, welfare-state child removals, the Sixties Scoop, the prohibition of cultural practices, forced sterilization and environmental destruction. We are scholars co-leading a large interdisciplinary programme of research studying ‘colonial genocide’. Our research seeks to understand how historic colonialism and its contemporary manifestations rely on genocidal logic for power and profit. While we begin in Turtle Island, our work has global application. The act of naming is a powerful analytical and political tool, and ‘genocide’ is one of …

Mmu: 09/25/23–10/01/23, Student Bar Association

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Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.

Artificial Intelligence Regulation, Minimum Viable Products, And Partitive Innovation, Matthew R. Gaske

Emory Law Journal Online

This Essay identifies entrepreneurs’ experimentation with minimum viable products (“MVPs”) as a means for proposed AI-specific regulation to constrain innovation in other markets. To that end, the Essay coins the term “partitive innovation” to describe a business’s perspective when it uses a domain-agnostic, highly generalizable technology to introduce a product to a particular market, thereby eliciting overbroad domain-specific regulations that impair alternative innovative uses of the underlying technology. This process is unfolding with AI, as broadly constructed proposed regulation can restrict innovation in adjacent fields by shifting software MVPs’ mainly ex post regulatory regime to one with recurring duties or …

Persistent Impediments And The Geography Of “Affirmatively Furthering” Fair Housing: The Case Of Erie County, Ny, Jason Knight, Heather R. Abraham, Christopher Holtkamp, Russell Weaver

Journal Articles

Despite the passage of the Fair Housing Act in 1968, segregation and discrimination remain key characteristics of the American housing system. The Act sought to reverse decades of private and public sector policies that contributed to segregated neighborhoods and the exclusion of protected classes from equal access to housing. Under the Act, communities receiving funds from US Department of Housing and Urban Development (HUD) are required to “affirmatively further fair housing” (AFFH). This paper examines the AFFH mandate as operationalized by HUD grantees in Erie County, NY, by evaluating six Analysis of Impediments (AI) to Fair Housing reports prepared from …

Regionalization And Access To Fair Housing In Erie County, Ny, Christopher Holtkamp, Russell Weaver, Heather R. Abraham, Jason Knight

Journal Articles

This paper examines how political fragmentation in Erie County, NY, USA impacts the availability of affordable housing and economic opportunity for residents. In the post-World War II era, employment rapidly migrated to the suburbs, resulting in spatial disconnections between extant residential geographies of the principal City of Buffalo and older, inner-ring suburbs, and the emerging economic geographies of second- and outer-ring municipalities. Stated alternatively, the typical distance between workers and workplace steadily increased. As jobs suburbanized, affordable housing opportunities did not, leaving many low-income residents either isolated from new employment opportunities altogether or paying higher transportation costs for employment farther …

On Fragmentation, Boundary Problems, And Movement Toward A Regional Fair Housing Regime In Erie County, Ny, Russell Weaver, Christopher Holtkamp, Jason Knight, Heather R. Abraham

Journal Articles

Prior to recent rule changes, which are still being deliberated as of this writing, Department of Housing and Urban Development (HUD) grantee communities charged with Affirmatively Furthering Fair Housing (AFFH) have been required to perform regular analyses of impediments (AIs) that identify barriers to fair housing in their territories. A central element of the AI is the delineation of racially or ethnically concentrated areas of poverty (R/ECAPs). Traditionally, grantees identify R/ECAPs using data for their jurisdictions only, ignoring surrounding communities. Doing so provides local decision-makers with knowledge about spaces in their territories where housing security might be relatively problematic, and …

Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.

The Indonesian Journal of Socio-Legal Studies

Abstract

Copyright infringement is known as the use of copyrighted works without the permission of the creators, copyright holders or authors. It is a form of dishonesty and a violation of the authors' economic and exclusive rights. In general, copyright infringement activities have taken place in various ways such as theft, piracy, reuse and plagiarism among students pursuing degree programmes in higher education institutions in Sri Lanka. In this backdrop, this study aims to examine awareness of copyright infringement among students pursuing undergraduate degree programmes at state universities in Sri Lanka. The primary and secondary data have been used in …

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …

Valuing Social Data, Amanda Parsons, Salomé Viljoen

Law & Economics Working Papers

Social data production is a unique form of value creation that characterizes informational capitalism. Social data production also presents critical challenges for the various legal regimes that are encountering it. This Article provides legal scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production which is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that companies follow to build up and …

Juvenile Sentencing In Georgia, Randee Waldman, Emily Boness, Kaitlyn Barnes, Aakeem Woodard

Georgia Criminal Law Review

No abstract provided.

The Impact Of Antarctic Treaty Challenges On The Us Military, Ryan J. Bridley, Kevin W. Matthews

The US Army War College Quarterly: Parameters

While the Antarctic Treaty of 1961 largely prevented conflicts on the continent, growing challenges to the treaty system could affect the United States and the global community. Through historical documents and press reports, this article examines ice deterioration, unreported and unregulated fishing, resource extraction preparation, hostilities between treaty members, and the roles of China and Russia in the region. It provides recommendations for policymakers and military strategists on how the United States can maintain global security and treaty interests—and the potential request for intervention—within the guidelines of the National Security Strategy.

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2023 issue of Parameters. This issue includes two In Focus special commentaries, a Strategic Challenges forum, a Historical Studies forum, and the SRAD Director’s Corner.

Us-Russia Foreign Policy: Confronting Russia’S Geographic Anxieties, Caitlin P. Irby

The US Army War College Quarterly: Parameters

The United States must place Russia’s focus on geographic concerns at the center of future strategy development to build a constructive relationship with Russia and achieve US regional goals. This article analyzes Russia’s geography and historical impact on Russian foreign policy, outlines Moscow’s current foreign policy goals, and highlights underlying concerns for US policymakers and military practitioners. By pursuing policies that support Russian goals of economic integration, mitigation of demographic concerns, and security of national borders, the United States can set the foundation for productive engagement on critical issues.

Parameters Autumn 2023, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Doctors’ Duty To Provide Abortion Information, Michelle Oberman, Lisa Soleymani Lehmann

Faculty Publications

With abortion remaining legal in over half of the country and a proliferation of websites offering information on how to access abortion medications, ending an unwanted early-stage pregnancy remains surprisingly easy. That is, easy for those who know where to look. But not all patients have equal access to reliable information. This Article addresses the urgent downstream harms caused by the lack of access to abortion information, particularly among the most vulnerable Americans, and argues that, in view of these consequences, regardless of abortion’s legal status, clinicians have a duty to provide their patients with abortion information.

We begin with …

Against Silence: Why Doctors Are Obligated To Provide Abortion, Michelle Oberman

Faculty Publications

As a lawyer, I have long been interested in the gap between law and the books and law in practice. In 2008, this curiosity led me to Latin America, where I began studying the impact of the world's most restrictive abortion bans. My first stop was Chile, which at the time banned abortion under all conditions–– there was not even an exception to save women's lives. Raised on the history of what happened when abortion was illegal in the United States prior to Roe v. Wade, I knew asking doctors to share their experiences was one way to gauge the …

Racial Impact Assessment In Land Use Planning And Zoning, William West

Pace Environmental Law Review

Racial impact assessments are tools that attempt to predict the effects of actions to help policymakers evaluate the consequences of those actions before their implementation. This article explains the history of race and land use in the United States, the development of racial impact assessments, and the emerging trend of racial impact assessments in land use planning and zoning. The article concludes with an analysis of how racial impact assessments in land use might develop in the future.

Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis

Law & Economics Working Papers

This essay serves as the introduction for an edited, interdisciplinary symposium of articles studying recent land use reforms at the state and local level. These papers provide important descriptive analyses of a range of policy interventions, using quantitative and qualitative methods to provide new empirical insights into zoning reform strategies.

After situating and summarizing the collected articles, the Introduction draws out shared themes. For example, these essays demonstrate the efficacy of recent reforms, not only at facilitating housing production but at doing so in especially difficult contexts (like when producing affordable housing and redeveloping single-family neighborhoods). They point to the …

Resuscitating E-Commerce's Transnational Promise With Out-Of-Court Processes, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

E-commerce is increasingly taking a central role in conducting commercial transactions. This burgeoning industry has shaped how, when, and even why consumers transact. While catalyzed by the pandemic, increased use of e-commerce platforms is a multi-decade historical trend. Yet regulators throughout much of the world have been slow in how they regulate these platforms. In recognition of the growing importance of digital transactions, regulators have increasingly explored what should be the appropriate amount of oversight for platforms that have relied on substantial self-regulation. Regulation has increased the difficulty for private and public enforcement of antitrust laws, compromising a variety of …

Women In U.S. Law Schools, 1948-2021, Elizabeth D. Katz, Kyle Rozema, Sarath Sanga

UF Law Faculty Publications

We study the progress of women’s representation and achievement in law schools. To do this, we assemble a new dataset on the number of women and men students, faculty, and deans at all ABA-approved U.S. law schools from 1948 to the present. These data enable us to study many unexplored features of women’s progress in law schools for the first time, including the process by which women initially gained access to each law school, the variance in women’s experiences across law schools, the relationship between women’s representation and student achievement, and the extent to which women disproportionally occupy interim and …