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Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank

Pepperdine Dispute Resolution Law Journal

In the following, I will initially present the terminological and analytical framework for handling pathological arbitration agreements (Part II). Against this background, I will analyze case law from USA (Part III), Singapore and Hong Kong (Part IV), and England (Part V) in order to establish under which circumstances Solution 1, Solution 2 and Solution 3 apply in respect of arbitration agreements containing non-existing and inaccessible elements. Finally, Part VI considers an adjoining—although fundamentally different—interpretation situation across jurisdictions. Part VII provides a summary as well as concluding remarks on the drafting of arbitration agreements.

Global Dispute Resolution Conference: Reflections, Trends, And Continued Development, Alexine Carr, Sukhsimranjit Singh

Pepperdine Dispute Resolution Law Journal

The Global Dispute Resolution Conference brought together scholars, students, attorneys, and professionals from across the country. Co-hosted by Pepperdine’s Straus Institute for Dispute Resolution and Prince Mohammad Bin Fahd University, the event drew perspectives from a wide range of cultures, areas of ADR, and career experiences. Grouped into two full days with distinct focuses, the conference covered topics from commercial ADR to the significance of history, culture, and faith. To open the discussion, Professor Muamar Salameh of PMU spoke to the audience on the importance of accepting the global differences in legal systems within international dispute resolution. His remarks were …

A Purpose-Based Theory Of Corporate Law, Asaf Raz

Villanova Law Review (1956 - )

No abstract provided.

Lopez V. Seccombe: The City Of San Bernardino’S Mexican American Defense Committee And Its Role In Regional And National Desegregation, Mark Ocegueda

History in the Making

This article examines Lopez v. Seccombe, one of the earliest successful desegregation court cases in United States history. The legal challenge was decided in 1944 in the City of San Bernardino, California and desegregated city parks and recreational facilities, specifically the Perris Hill “plunge” or pool. The decision of this case set precedent for other local desegregation challenges, including the much more celebrated Mendez v. Westminster decision in 1947, and eventually had influence on the landmark Supreme Court decision of Brown v. Board of Education in 1954. This study will focus on the Mexican American barrio in San Bernardino’s Westside, …

No One Is Disposable: Towards Feminist Models Of Transformative Justice, Hannah Barrie

Journal of Law and Social Policy

This article looks toward a future of prison abolition by arguing for feminist models of Transformative Justice (TJ), a strategy that responds to harm by aiming to transform the conditions that make violence possible. Autoethnographic reflections of the author’s experience volunteering with Circles of Support and Accountability (COSA), a TJ initiative based on friendship and accountability working to reintegrate people incarcerated for perpetrating sexualized violence back into communities, are combined with a critical analysis of the existing literature about TJ principles and initiatives. Insights from the author’s experience with COSA are examined for their potential use in a feminist TJ …

Celebrating Hispanic Heritage Month, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Learn more about the Hispanic and Latino community.

The Sacred Fourth Amendment Text, Christopher Slobogin

Michigan Law Review Online

The Supreme Court’s jurisprudence governing the Fourth Amendment’s “threshold”—a word meant to refer to the types of police actions that trigger the amendment’s warrant and reasonableness requirements—has confounded scholars and students alike since Katz v. United States. Before that 1967 decision, the Court’s decisions on the topic were fairly straightforward, based primarily on whether the police trespassed on the target’s property or property over which the target had control. After that decision—which has come to stand for the proposition that a Fourth Amendment search occurs if police infringe an expectation of privacy that society is prepared to recognize as …

Joint Identities?: A Self-Case Study Of The Professional Identity Development Of J.D./Ph.D. Professionals In Education Law, Raquel Muniz, Dwayne Wright, Rafael E. Alvarado, Vanessa Miller, J. Queen Mcgrew

The Journal of Law and Education

No abstract provided.

The Sources And Consequences Of Political Rhetoric: Issue Importance, Collegial Bargaining, And Disagreeable Rhetoric In Supreme Court Opinions, Michael A. Zilis, Justin Wedeking

Political Science Faculty Publications

How do political actors use rhetoric after an initial policy battle? We explore factors that lead Supreme Court justices to integrate disagreeable rhetoric into opinions. Although disagreeable language has negative consequences, we posit that justices pay this cost for issues with high personal significance. At the same time, we argue that integrating disagreeable rhetoric has a deleterious effect on the institution by reducing majority coalition size. Examining opinions from 1946 to 2011 using text-based measures of disagreeable rhetoric, we model the language of opinion writing as well as explore the consequences for coalition size. Our findings suggest serious implications for …

Striving For The Mountaintop: The Elimination Of Health Disparities In A Time Of Retrenchment (1968-2018), Gwendolyn R. Majette

Law Faculty Articles and Essays

Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts-lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of Reverend Martin Luther King, Jr. in 1968. The Article builds upon my earlier scholarship and considers the effectiveness of the "PPACA Framework to Eliminate Health Disparities" since the Patient Protection and Affordable Care Act (PPACA) was enacted in 2010.

The Article also explores the impact of …

Women As Judges At International Criminal Tribunals, Milena Sterio

Law Faculty Articles and Essays

This Article analyzes the presence of female judges within international criminal tribunals, starting with the Yugoslavia and Rwanda Tribunals in the 1990s. In particular, the Article discusses specific numbers of female judges at the Yugoslavia and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, the newly created Kosovo Specialist Chambers, and the International Criminal Court.

While the presence of women as prosecutors, defense attorneys, victim representatives, and other professionals at these tribunals is equally important, this Article focuses on the number of female judges, as such data …

Immoral Trademarks After Brunetti, Ned Snow

Faculty Publications

For more than a century, marks that were vulgar, profane, and obscene could not receive trademark protection. In 2019, however, the Supreme Court in Iancu v. Brunetti invalidated the statutory provision that had prevented such marks from receiving protection—the bars to “immoral” and “scandalous” marks. Those bars violated the First Amendment because they enabled the government to judge whether ideas in marks were inappropriate. Similarly, two years prior to Brunetti, the Court in Matal v. Tam struck down a bar to marks that could “disparage” others. The Court reasoned that to disparage is to offend, and the ability to offend …

Victims And Prosecutors: Clientelism, Legalism, And Culture At The International Criminal Court, Stephen Cody

Suffolk University Law School Faculty Works

Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post conflict societies. Yet, few empirical studies have investigated how culture--viewed as a resource for navigating social relations--impacts relationships between ICC prosecutors and victims and shapes participants' expectations of international criminal law. Do prosecutors and victims embedded in distinct relational networks experience international justice differently?
/="/">
/="/">Drawing from 298 interviews with atrocity crime victims in Uganda and Democratic Republic …

No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison

Michigan Law Review

Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these …

Natural Law Colloquium Legal Interpretation And Natural Law, Mark Greenberg

Fordham Law Review

No abstract provided.

Restoring The Historical Rule Of Lenity As A Canon, Shon Hopwood

Georgetown Law Faculty Publications and Other Works

In criminal law, the venerated rule of lenity has been frequently, if not consistently, invoked as a canon of interpretation. Where criminal statutes are ambiguous, the rule of lenity generally posits that courts should interpret them narrowly, in favor of the defendant. But the rule is not always reliably used, and questions remain about its application. In this article, I will try to determine how the rule of lenity should apply and whether it should be given the status of a canon.

First, I argue that federal courts should apply the historical rule of lenity (also known as the rule …

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

San Diego Law Review

Law and economics scholars agree that business regulations have a disproportionately negative impact on entrepreneurship and innovation. It would be a significant problem indeed if the very nature of regulation inhibits this kind of growth and creativity. This view of the problem suggests that the only way to increase innovation would be to decrease regulation.

Yet this view is too general. When examined more closely, all regulations are not created equal. Regulations can be formulated as rules or standards, and they can be simple or complex. Moreover, some rules are easily understood by computers and are thus suitable for automated …

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …

Complete V.13 No.1

Journal of Civil Law Studies

No abstract provided.

A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.

Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson

Articles

No abstract provided.

Compassion: The Necessary Foundation To Reunify Families Involved In The Foster Care System, Katherine Markey, Vivek Sankaran

Articles

Compassion plays a critical role in ensuring that stakeholders can engage with, and support parents trying to reunify with kids in the foster care system. This Article will explore the compassion crisis in foster care, will present the research documenting the impact of compassion on engaging families, and will identify key steps stakeholders can take to incorporate compassion into their work.

County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States was recently asked to decide whether the Clean Water Act requires a permit for the discharge of pollutants that originate from a point source but are conveyed to navigable waters by a nonpoint source. Vacating the Ninth Circuit’s “fairly traceable” test, the Court held the Clean Water Act requires a permit when there is a direct discharge of pollutants from a point source into navigable waters or when there is the “functional equivalent of a direct discharge.”

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.

Screeches From The Red Hen: Public Accommodations Laws And Political Affiliation Discrimination In The United States And Louisiana, Meredith N. Will

Louisiana Law Review

The article discusses issues on public accommodations laws and political affiliation discrimination in the U.S. and Louisiana, as well as the provisions of the Louisiana Constitution and the U.S. Constitution on public accommodation.

Beyond Microaggression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell

Villanova Law Review (1956 - )

No abstract provided.

Richard E. Gardiner Plaintiff/Appellant V. Nels Anderson Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court Of The Fourth Judicial District Of The State Of Utah, In And For The County Of Millard

Marlin J. Grant (#4581), Attorney for Appellee

Todd F. Anderson (#12432), Attorney for Appellant

Lies, Gaslighting And Propaganda, G. Alex Sinha

Buffalo Law Review

No abstract provided.