Digital Commons Network^™

From The Editors, Jeremy Paul, Margaret Y.K. Woo, Ezra Rosser, Robert Dinerstein

Journal of Legal Education

No abstract provided.

Now And Again: Reappraising Disability Leave As An Accommodation, Ryan H. Nelson

BYU Law Review

No abstract provided.

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

Judicial Biography In The British Empire, Victoria Barnes, Emily Whewell

Indiana Journal of Global Legal Studies

This article adds to the biographic ''turn" in legal studies. While there is a large body of scholarship examining judges in the United States and the United Kingdom, comparatively little is written on their legal counterparts in the common law world. What can judicial biographies offer for comparative law? Do these studies generate useful information about the movement of law? What can be gained by a better awareness of the lives of those at the top of the colonial legal profession? This article shows that within the common law world, judges, like those in the United States and the United …

Minding Accidents, Teneille R. Brown

Utah Law Faculty Scholarship

Tort doctrine states that breach is all about conduct. Unlike in the criminal law, where jurors must engage in an amateur form of mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at how the defendant behaved. But this is false. Foreseeability is at the heart of negligence—appearing as the primary tests for duty, breach, and proximate cause. And yet, we cannot ask whether a defendant should have foreseen a risk without interrogating what he subjectively knew, remembered, perceived, or realized at the time. In fact, the focus on actions in negligence …

The Postmodern Legal Ordering Of The Economy, Ioannis Kampourakis

Indiana Journal of Global Legal Studies

This article purports to show how the postmodern · tenets of particularity, reflexivity, decentralization, and pluralism map on to current legal forms and structures of market regulation. This is the case in the regulatory paradigm of shaping markets ''from within," the aspiration of which is to embed public and social values in the operations of private corporate actors, while expanding private corporate actors' regulatory authority and scope of self-governance. As the state attempts to harness the regulatory potential of the social sphere to impose sanctions for corporate misconduct, the role of the law becomes to facilitate the permeability of private …

An Agenda For Research And Action Toward Diverse And Just Futures For Life On Earth, Carina Wyborn, J. Montana, N. Kalas, S. Clement, F. Davila, N. Knowles, E. Louder, M. Balan, J. Chambers, L. Christel, T. Forsyth, G. Henderson, S. Izquierdo Tort, Michelle Mei Ling Lim, Et Al

Research Collection Yong Pung How School Of Law

Decades of research and policy interventions on biodiversity have insufficiently addressed the dual issues of biodiversity degradation and social justice. New approaches are therefore needed. We devised a research and action agenda that calls for a collective task of revisiting biodiversity toward the goal of sustaining diverse and just futures for life on Earth. Revisiting biodiversity involves critically reflecting on past and present research, policy, and practice concerning biodiversity to inspire creative thinking about the future. The agenda was developed through a 2-year dialogue process that involved close to 300 experts from diverse disciplines and locations. This process was informed …

Radbruch’S Formula Revisited: The ‘Lex Injusta Non Est Lex’ Maxim In Constitutional Democracies, Seow Hon Tan

Research Collection Yong Pung How School Of Law

According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central tenet of legal positivism, according to which the existence of laws does not necessarily depend on their merit. While some legal positivists suppose that legal invalidity based on the content of particular laws is a central tenet of natural law theory, natural law theorists such as John Finnis opine that the lex injusta non est lex maxim …

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

Modern Languages Presentations

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

French Summer Fellows

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Amadeusz: Inequities In The Enactment And Implementation Of Records Suspensions, Ardavan Eizadirad, Tina-Nadia Gopal Chambers

Journal of Law and Social Policy

AMADEUSZ IS A NON-PROFIT ORGANIZATION IN ONTARIO that provides access to education, community supports, mentorship, and exceptional care for young adults ages eighteen to thirty-five who are or have been incarcerated. Using case studies of three participants from Amadeusz, we centre the lived experiences of racialized persons with a criminal record, outlining the challenges to accessing, and being approved for, a record suspension. Although the record suspension program is intended to assist with reintegration, the case studies show that the high monetary cost for the record suspension application, extensive waiting periods of five or ten years to qualify, consideration of …

Decoding Financial Inclusion In A Post-War Jurisdiction Sri Lanka: A Case Study, Shanthi Elizabeth Senthe

PhD Dissertations

This qualitative study examines the complex interplay between the financial regulatory landscape and financial inclusion in a post-war jurisdiction. The global debates surrounding the deployment of financial inclusion initiatives virtually center on many legal and non-legal discourses, thereby making this a significant study. This study further identified specific thematic strands which highlight how financial inclusion is regulated and administered in a post-war jurisdiction by amplifying the lived experiences of individuals that are caught between the regulatory structure of financial inclusion. In particular, this doctoral research further examines how stakeholders engaged in financial inclusion have shaped the financial regulatory landscape. By …

Law And Living: Connecting The Dots: The Life Of An Academic Lawyer By Harry W. Arthurs, David Sandomierski

Osgoode Hall Law Journal

HOW TO REVIEW THE MEDITATION on a life’s work? Harry Arthurs’ 2019 memoir, Connecting the Dots: The Life of an Academic Lawyer, provides a detailed account of an incredible professional life, as labour arbitrator, legal scholar, law school dean, university president, and commissioner of multiple inquiries and studies.

Fighting The Resource Curse: The Rights Of Citizens Over Natural Resources, Leif Wenar, Jeremie Gilbert

Northwestern Journal of Human Rights

Respect for the rights of peoples over natural resources is crucial for the flourishing of communities and states. This article confirms that international law ascribes robust resource rights both to indigenous peoples and to citizens of independent states. These resource rights include indigenous peoples’ right to free, prior, and informed consent and citizens’ rights that resource revenues are never used corruptly but are used first to secure their means of subsistence. Resource rights are human rights, respect for which requires substantial reforms in the practices of corporations and investors as well as in the laws of resource-importing and resource-exporting states.

The Situation Of Orphan Works Under Different Jurisdictions, Bzhar Abdullah Ahmed

Chicago-Kent Journal of Intellectual Property

The article analyses the situation of orphan works solutions under several different international jurisdictions, examining each jurisdiction in turn. Various solutions for addressing the problem of orphan works are provided by the jurisdiction of each country, the most comprehensive scheme being offered by the law of the United Kingdom. The UK provides three types of solution: an exceptions-based model, compulsory licensing and extended collective licensing. The author demonstrates that as this problem largely has emerged with the proliferation of technology, some countries have not considered orphan works an issue serious enough to take steps to address. Some countries are still …

The Power Of Two Words To Split Circuits, Natalie Whitacre

University of Miami Law Review

28 U.S.C. § 1782 authorizes federal judges to grant assistance to a “foreign or international tribunal” for discovery proceedings. The meaning of the term “foreign or international tribunal” has been the subject of much dispute. In 2019 the Sixth Circuit became the first court of appeals to extend the purview of the statute to private commercial arbitration, creating a circuit split. However, the use of 28 U.S.C. § 1782 in arbitral proceedings raises a number of questions about whether U.S. style discovery would impede the efficiency of arbitration and whether the practice could be extended to international tribunals located within …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …

Settling The Law: An Empirical Assessment Of Decision-Making And Judicial Review In Canada's Refugee Resettlement System, Pierre-Andre Theriault

PhD Dissertations

In light of rising numbers in the global refugee population, as well as new ideas for reforming the international refugee regime that emphasize refugee containment, there is reason to reaffirm refugee resettlement as a solid mechanism for burden-sharing, and perhaps the only obtainable durable solution for refugees in a protracted refugee situation. Canada has operated a robust refugee resettlement program for decades and is now presenting its private sponsorship of refugees program as a model to the rest of the world. Despite the significance of Canadas resettlement program, both domestically and internationally, few studies have investigated how the program is …

Creating A More Diverse Workforce: How The Aall George A. Strait Minority Scholarship & Fellowship Program Is Supporting Future Minority Law Librarians, Shamika Dalton

Scholarly Works

The recent addition of a fellowship to the George A. Strait Minority Scholarship offers future minority law librarians a paid internship and mentorship as they embark on a career in law librarianship.

Victims, Right?, Anna Roberts

Faculty Scholarship

No abstract provided.

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

When Statutory Interpretation Becomes Precedent: Why Individual Rights Advocates Shouldn’T Be So Quick To Praise Bostock, Elena Schiefele

Washington and Lee Law Review

Justice Neil Gorsuch’s approach to textualism, which this Note will call “muscular textualism,” is unique. Most notably exemplified in Bostock v. Clayton County, muscular textualism is marked by its rigorous adherence to what Justice Gorsuch perceives to be the “plain language” of the text. Because Justice Gorsuch’s opinions exemplify muscular textualism in a structured and consistent manner, his appointment to the Supreme Court provides the forum from which he can influence the decision-making process of other members of the judiciary when they seek guidance from Supreme Court precedent. Accordingly, it is important for both advocates and judges to understand …

Litigating California Contracts, Curtis E.A. Karnow

UC Law Business Journal

No abstract provided.

Absolutist Admissibility At The Icc: Revalidating Authentic Domestic Investigations, Michael A. Newton

Vanderbilt Law School Faculty Publications

Current jurisprudential trends empower the International Criminal Court (ICC) Prosecutor to override domestic investigative authorities in a manner that violates the letter and spirit of the Rome Statute. Sovereign states have primary responsibility to document, investigate and prevent atrocity crimes. Yet, current ICC practice subverts domestic enforcement efforts. No provision of the Rome Statute permits the Office of the Prosecutor (OTP) to substitute its unfettered judgment over the good-faith discretion of domestic prosecutors. ICC judges have created de facto institutional jurisdictional primacy by relying upon mere assertions regarding the insufficiency of domestic efforts. This trend is particularly problematic at the …

Richmond Law Magazine: Summer 2021, University Of Richmond

Richmond Law Magazine

Change of Plans

The Lawyer in the Mirror

Commanding Presence

Victims, Right?, Anna Roberts

Cardozo Law Review

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.