Digital Commons Network^™

Transparency In Land-Based Investment: Key Questions And Next Steps, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry are often shrouded in secrecy. In many cases, they are negotiated without the involvement of affected communities, approved through opaque decision-making procedures, and governed by legal agreements that are difficult both to access and to understand. This systemic lack of transparency impedes accountability and exacerbates ongoing disagreements about the real costs and benefits for investors, host countries, and their citizens.

Jointly authored by CCSI and the Open Contracting Partnership, this briefing note examines why contract disclosure and a contracting process that is open, accessible, and inclusive are important; what such transparency entails; and how …

Recommending Transparency In Land-Based Investment: A Summary Of Relevant Guidelines And Principles, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

An emerging consensus on the need for greater transparency in land-based investment is increasingly evident across various forums. This document consolidates recommendations regarding transparency featured in guidelines and principles published by international organizations, government agencies, and multilateral or multi-stakeholder groups. Viewed together, these recommendations offer insight on the evolving narrative on transparency in land-based investment, assist stakeholders in addressing the issue of transparency, and provide an informed starting point for further analysis.

Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Parents, Myrisha S. Lewis

Nevada Law Journal

No abstract provided.

A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson

University of Richmond Law Review

No abstract provided.

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse., Andrew J. Weisberg, Frank E. Vandervort

Articles

Substance abuse is a significant social problem in America. It is estimated that some eighteen million Americans have an alcohol abuse problem and that almost five million have a drug abuse problem. According to the National Institute on Drug Abuse, substance abuse costs some $700 billion per year Substance abuse is a major contributor to child maltreatment. It is estimated that between one- and two-thirds of cases in which children enter foster care are linked to parental substance abuse. Unfortunately, this may be an underestimate as recent research suggests that many cases, particularly cases in which children have been exposed …

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.

Occupy Our Occupations: Why “We Are The 99%” Resonates With Working People And What We Can Do To Fix The American Workplace, Sarah Leberstein, Anastasia Christman

Fordham Urban Law Journal

No abstract provided.

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …

Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel

Cardozo Law Review

No abstract provided.

Harmony And Disharmony In International Patent Law, Colleen Chien

Faculty Publications

One of the purposes of the Trans‐Pacific Partnership (TPP) is to harmonize standards and create a uniform climate for trade and investment. As lawmakers deliberate the terms of the deal, they must consider what the long‐term impact of agreeing to its sweeping provisions will be. As they do so, they should keep in mind that the gaps between the agreed‐upon principles and local implementation, and the differences between local implementation – some of them by design – are often quite great. Drawing upon the existing literature, this short essay provides a survey of the extent of harmony and disharmony in …

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.

Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, Mary Pat Treuthart

Chicago-Kent Law Review

This article focuses on President Obama’s use of executive orders in various areas of women’s rights issues including the empowerment of women, gender-based violence, reproductive rights, and employment. As scholars of the American presidency have noted, executive orders can be used either as strategic tools to short-circuit legislative gridlock or to underscore and complement presidential policy measures pending in Congress. Executive orders can also serve to promote projects of special interest groups. Finally, knowing that their directives can be powerfully symbolic, presidents can be particularly effective in the use of executive action to underscore the gulf between the Democratic Party …

Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger

Villanova Law Review (1956 - )

No abstract provided.

Simplification Of Privacy Disclosures: An Experimental Test, Adam S. Chilton, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Codifying Castle Harbour, Karen C. Burke, Grayson M.P. Mccouch

UF Law Faculty Publications

In this article, Burke and McCouch discuss the 2015 statutory amendment, enacted as part of the last-minute budget deal, that revised and renumbered the family partnership provision of section 704(e)(1). They question whether the change will accomplish its stated purposes of clarifying existing law and raising $1.9 billion in revenue, and they conclude that the 2014 proposals by former House Ways and Means Committee Chair Dave Camp offer a politically expedient source of selective pay-fors for future government spending without actually raising taxes.

Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips

UC Law SF International Law Review

No abstract provided.

Experience, Not Logic: Adapting Spoliation Doctrine To The Brave New World Of Digital Documents, Roni A. Elias

Student Works

The adversarial system requires full discovery as an essential element of a fair and accurate litigation process. Not surprisingly, spoliation—the destruction of evidence with a culpable state of mind—is an anathema to the most fundamental principles governing litigation procedure and in turn may warrant harsh sanctions.

The doctrines governing how courts respond to spoliation are well established. But these venerable rules were mostly devised for a discovery process that involved the production of paper documents. The information revolution that accompanied the dramatic expansion of computers to produce and store every kind of document forever transformed the discovery process. As computer …

Mid-Atlantic Ethics Committee Newsletter, Winter 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz

Faculty Scholarship

This is the accepted version of the article. The final published version is available at

https://journals.sagepub.com/doi/abs/10.1177/0098858816644715

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety

Journal of Business & Technology Law

No abstract provided.

Emergency Room Utilization Disparities Among Older Adults Treated By Rural Health Clinics, Matt Bagwell

Electronic Theses and Dissertations

Examining the persistence of disparities over time is an important obligation in terms of rectifying, maintaining, and improving community health and social well-being for all. This study analyzed the individual factors of (a) race/ ethnicity and (b) dual eligibility, as a proxy measure of socioeconomic status, as well as the environmental factor of (c) place of residence, and the organizational factor of (d) Rural Health Clinic (RHC) type on emergency room (ER) utilization of older adult Medicare patients treated by RHCs within the Department of Health and Human Services' (DHHS) Region 4. A prospective, multi-level, longitudinal design was employed to …

Wellness International Network V. Sharif: Minimizing The Jurisdictional Impact Of Stern Through Consent Of Bankruptcy Litigants, Ishaq Kundawala

Articles

Without conducting an official poll, it can safely be said that a majority of lawyers, judges, and scholars agree the nature and scope of bankruptcy jurisdiction is quite confusing and at times uncertain. There has always been—and perhaps always will be—a tug-of-war between the legislative and judicial branches of government over the proper scope of bankruptcy jurisdiction, with one side expanding the reach of bankruptcy jurisdiction legislatively and the other side limiting that reach judicially. This poses a classic separation of powers struggle between the two branches, which has certainly played out in recent bankruptcy jurisprudence.

When Congress created the …

Hb 828: Tanf Eligibility; Drug-Related Felonies, Grace E. Harris Leadership Institute, Virginia Commonwealth University, Greg Hopkins, Carla Jackson, Rana Wilson, Ramunda Young

L. Douglas Wilder School of Government and Public Affairs Publications

House Bill 828 (HB828) was proposed in 2016 to remove the ban on Temporary Assistance for Needy Families (TANF) for individuals with felony-related drug convictions who are otherwise eligible to receive benefits. The TANF program is designed to help low income families achieve self-sufficiency. States receive block grants to design and operate programs that accomplish one of the purposes of the TANF program: 1) Provide assistance to needy families so children can be cared for in their own homes; 2) Reduce the dependency of parents by promoting job preparation, work, and marriage; 3) Prevent and reduce the incidence of out-of-wedlock …

Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago

Florida A & M University Law Review

In this article, I will first look at how various state Access to Justice Commissions in the United States are addressing self-represented litigants' ability to access and navigate the civil court system. I review various projects that attempt to make legal forms and processes more understandable to the public. I also discuss the role of law librarians, and how they bring a working understanding of the problems and missteps that self-represented litigants face first-hand. I argue for better inclusion of these information professionals in state commissions and in various outreach programs to improve the quality of the legal information provided …

Education Connection: The Effects Of Race, Culture, And Special Education On Minority Disproportionality In The Juvenile Justice System, Lisa Wiggin

Children's Legal Rights Journal

No abstract provided.

Islamic Microfinance : A Vehicle For Promoting Financial Inclusion, Karice Rhule

International Program Papers

No abstract provided.

Our Gmo Labeling Debate: Human Health, The Environment, And The Precautionary Principle, Kate Porfilio 16

Honor Scholar Theses

No abstract provided.

The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio

Marquette Intellectual Property Law Review

None

The Commensurability Myth In Antitrust, Rebecca H. Allensworth

Vanderbilt Law Review

Modern antitrust law pursues a seemingly unitary goal: competition. In fact, competition-whether defined as a process or as a set of outcomes associated with competitive markets-is multifaceted. What are offered in antitrust cases as procompetitive and anticompetitive effects are typically qualitatively different, and trading them off is as much an exercise in judgment as mathematics. But despite the inevitability of value judgments in antitrust cases, courts have perpetuated a commensurability myth, claiming to evaluate "net" competitive effect as if the pros and cons of a restraint of trade are in the same unit of measure. The myth is attractive to …