Digital Commons Network^™

A Christian Vision Of Freedom And Discovery: Neutrality As An Obstacle To Freedom, Karen Jordan

Tennessee Journal of Law and Policy

This article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. There is a growing concern that liberty and justice are unattainable in modern democratic societies that are grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which—along with the theory of neutrality—reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human …

Models For Use Of Mediation In E-Discovery, Steven C. Bennett

Tennessee Journal of Law and Policy

No abstract provided.

The Necessary Opportunism Of The Common Law First Amendment, Chris Stangl

Tennessee Journal of Law and Policy

The First Amendment historically has been interpreted to provide greater and greater protection to more and more forms of expression. The notion of an originalist First Amendment has never commanded a majority of the Supreme Court and is unlikely to do so. Instead the development of the First Amendment has followed a common law trajectory. As the reach of its protections expands, so to do its attractiveness for arguments that may be more accurately located elsewhere in the Constitution's text. Such opportunism is a predictable, even necessary consequence of the First Amendment's common law development, and the Supreme Court tacitly …

Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman

Tennessee Journal of Law and Policy

No abstract provided.

The Hierarchical Implication Of Jus Cogens: An Analysis Of Schwarzenberger And Kelsen On The Recognition Of The Prohibition Of Torture And Genocide As Peremptory Norms, Carlos G. Ramaglia Mota

Buffalo Human Rights Law Review

This article explores the challenge faced by positivist schools of law in integrating the concept of jus cogens within their systematic legal frameworks. By comparing the theories of Schwarzenberger and Kelsen, it demonstrates that Positivism is not a monolithic representation of the traditional international regime of consent. Utilizing a doctrinal legal research methodology, the study draws upon authoritative sources, including legal scholarship, case law, and conventions related to the prohibition of torture and genocide. The article traces the origins and development of jus cogens, examining its connections to post-war Germany and Austria, and its universalistic Christian roots. Analyzing doctrinal and …

Shifting Towards Boilerplate Regulation, Wayne R. Barnes

University of Miami Law Review

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Decoupling Defined: Four Theories And Four Illustrations From The Sino-American Trade War, Raj Bhala

Washington International Law Journal

Abstract: This article seeks to bring clarity to a much used, yet ill-defined, term “decoupling.” The article explores the theory and practice of “decoupling” in the context of the Sino-American Trade War, which, launched in March 2018, shows no sign of a ceasefire. As to theory, this article argues that conceptually, “decoupling” takes (at least) four forms. There is efficiency, jurisprudential, security, and values decoupling. As to practice, this article shows these four theoretical typologies of decoupling are obvious today. This theory and practice are illustrated (respectively) with respect to labor-intensive industries, commercial transactions in rule-of-man jurisdictions or …

Ndls Communicator: Week Of 10.28.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School welcomes new faculty and visiting scholars for the 2024-25 academic year
• Professors Paolo Carozza and Richard Garnett honored by the American Academy of Sciences and Letters
• Law School Professor Derek Muller joins CNN as contributor for 2024 presidential election
• Notre Dame Law Professor Patrick Corrigan named to The Irish Legal 100
• Tribute: The Honorable Daniel A. Manion ‘64
• ND Law's Eviction Clinic reaches settlement for South Bend family fleeing lead-filled home
• Bryan Stevenson delivers powerful message about ‘proximity’ at lecture in South Bend

Faculty News and Briefs

• Dean G. Marcus Cole was honored …

The Costs Of The Vexatious Lawyer: Who Bears Responsibility?, Jayanth K. Krishnan

Articles by Maurer Faculty

This Article investigates how the law should respond to a lawyer who engages in unprofessional, tormenting, or what is often referred to as “vexatious” conduct during litigation. At present, a federal law – 28 U.S.C. §1927 – allows courts to issue sanctions upon a vexatious lawyer. When such a lawyer works for a law firm, a deep split has emerged among the circuits. Some courts have ruled that law firms may also be liable for their lawyers’ actions under the statute. Other circuits, though, have concluded that law firms are free from this type of vicarious liability. Unfortunately, the problem …

The Protection Of Rights Of Non-Majority Communities And Their Members In The Republic Of Kosovo Through Institutional Mechanism, Ahmet Maloku, Nuhi Osmani

UBT International Conference

The purpose of this paper is to deal with the rights of non-majority communities and their members in the constitutional and legal aspect, including international legislation. The rights of national minorities in Kosovo are rights guaranteed through national legislation starting from the constitution, international norms applied directly in the constitution, as well as specific legislation that regulates the rights of non-majority communities in the Republic of Kosovo. Therefore, these rights have strong guarantees, since the state of Kosovo, beside this has arranged these types of rights in an advanced manner as well as has created legal procedures, where 2/3 of …

13th International Conference On Business, Technology And Innovation 2024, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2024

UBT Annual International Conference is the 13th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

Public Men's Rooms And The Legal Construction Of Gender And Privacy, Steven J. Macias

University of Cincinnati Law Review

This Article examines how the law is complicit in educating and socializing children into the cultural practices of gender and privacy. It accomplishes this by analyzing case law that involves minors and men’s public bathrooms. The men’s room is a place rife with social ambiguity, an ambiguity that has come to a head in recent transgender school bathroom cases. Although this Article is primarily concerned with the men’s bathroom as an important legal site in the development of gender and privacy for all youth, it discusses transgender (trans) rights cases as presenting the most fundamental challenge to the hegemonic logic …

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

Getting To Home: Understanding The Collateral Consequences Of Negative Records In The Rental Housing Market, Sara Sternberg Greene, Barbara Kiviat, Hesu Yoon

Duke Law Journal

The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more access than ever to applicants’ information, yet little is known about how landlords process and think about these records to make housing decisions. This Article draws on theories of cultural sociology to provide a data-driven understanding of how landlords conceptualize the value of several types of personal …

The Adr Movement: Theoretical Aspects And Practical Potential, Craig A. Mcewen

Maine Law Review

My mission in this paper is to draw upon what we know from the active and lively domestic dispute resolution movements in the United States, Canada, and beyond to identify some of the prospects for and potential problems in developing a dispute resolution system for Canadian-United States trade disputes. Alternative dispute resolution (ADR) is flourishing in the 1980's. Increasing numbers of individuals as well as public and private programs identify their work as alternative dispute resolution. These include private mediation practitioners, ADR partners in major law firms, private organizations such as EnDispute, which will arrange mini-trials and other dispute resolution …

Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?, Leon E. Trakman

Maine Law Review

Replete with evidence of extensive forum shopping, unending discovery procedures, and countless delays in the formal adjudicatory process, the case for an alternative, more specialized medium for the resolution of trade disputes between the United States and Canada has grown more pressing. The problem, however, is in being convinced that the alternative, embodied in the proposed Canada-United States Free Trade Agreement, addresses the deficiencies in the existing medium for dispute resolution without introducing greater social and personal costs of its own. A government, in distancing itself from dispute resolution, also separates itself from the process through which social problems are …

Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau

Maine Law Review

This workshop, which was held at the University of Maine School of Law on May 27, 1987, consisted of an informal discussion among an interdisciplinary group of experts. The purpose of the workshop was to generate ideas and recommendations regarding the utility of alternative dispute resolution (ADR) in international trade and business, with special reference to Canadian-United States trade relations. The discussion also explored the possible commonalties of domestic and international dispute resolution in the hope of developing a basis for a generic alternative dispute resolution methodology.

The Eco-Agency Problem And Sustainable Investment, Moran Ofir, Tal Elmakiess

BYU Law Review

In times of heightened environmental consciousness and a global call for urgent action, corporations are playing a critical role in addressing pressing environmental challenges. As concerns about climate change, resource depletion, and ecosystem degradation intensify, businesses are under mounting pressure to align their strategies with sustainable practices. Despite that, there is strong evidence of underinvestment in sustainability and environmental efforts by corporations. In this Article, we first define the eco-agency problem—the special conflict of interest between the corporate officers who focus on short-term profitability and the other stakeholders who seek long-term profitability and sustainability—and then discuss existing coping measures, such …

“A New World And A New Society Challenged By A Problematic Character In La Compagnie Des Glaces By G.J. Arnaud”, Sophie Nicolaïdès Salloum

BAU Journal - Society, Culture and Human Behavior

The Ice Company, a dystopian novel, is the first volume of a 64-volume saga which met with great success among readers. It was adapted into a comic strip by the JOTIM group and also into a television series. On an earth invaded by ice, the survival of the human species is ensured by the large railway companies which share the globe. They provide warmth and food, but also exercise a ruthless dictatorship. Involuntarily involved in the intrigues of the Company, the glaciologist Lien Rag rebels against the power of the Company and the ostracism suffered by the Red Men, a …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

Lawyers And Non-Lawyers In International Arbitration: Discovering Diminishing Diversity, Luke Nottage, Nobumichi Teramura, James Tanna

Loyola of Los Angeles International and Comparative Law Review

This article highlights a curious lack of diversity within the proliferating discourse about the lack of diversity in international arbitration. There is hardly any awareness or at least sustained discussion about the limited diversity of professional backgrounds, and more specifically, the dominance nowadays of those with practicing lawyer positions or primary careers across the key groups and publication outlets for international arbitration. Yet this encroachment of lawyers was still being contested in the 1990s, as being linked to burgeoning costs and delays, and such “formalisation” has been re-emerging in recent years. Diversifying the world of international arbitration to involve more …

2024 Annual Justice Festival Program, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

The program for the 4th Annual Justice Festival held on October 8, 2023 on the campus of Morehead State University.

From Forced To Free Labor, Christopher M. Roberts

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Obstructing Precedent, Bill Watson

Northwestern University Law Review

Critics of the Supreme Court sometimes accuse the Justices of disrespecting or being unfaithful to precedent—of undermining certain precedents while leaving them formally in place. Yet it remains unclear what exactly these criticisms mean or why they point to anything objectionable. This Article proposes that critics are often drawing attention to a particular practice: obstructing precedent. A better grasp of what obstructing precedent is and when it is legitimate is important to understanding the Roberts Court’s treatment of precedent in a range of cases.

A court obstructs precedent when it refuses to cooperate with its prior self in building a …

Santa Clara Magazine, Volume 65 Number 2, Fall 2024 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

12 - INCREASING ACCESS Discerning one’s dream requires a whole set of experiences based on community, opportunity, and, yes, cash. Leslie Griffy

16 - UNPACKING UTOPIA It seems like billionaire-backed utopias are popping up all over the map. What does it take to build a perfect city? Lauren Loftus

22 - A WEALTH OF WELL-BEING In his new book, Professor Meir Statman explores a holistic approach to financial and life well-being. Leslie Griffy

26 - A WOMAN'S PLACE Despite being denied access to the priesthood, Catholic women find new ways to lead. Leslie Griffy

Crime, Corruption, And Construction: Exploring The Impact Of The “Construction Mafia” On Public Infrastructure Development, Sada Kalbach

Independent Study Project (ISP) Collection

Recent government policies and a state-led focus on “radical economic transformation” have spawned a range of business forums, colloquially known as the “construction mafia,” seeking to capitalize on economic reform. However, competition for construction contracts have led to the widespread use of intimidation, violence, and government corruption within the eThekwini Municipality. This research seeks to understand how the construction mafia in eThekwini impacts the local government’s ability to develop public infrastructure, as well as the extent to which government responses enable or hinder organized criminal networks in the construction industry. Utilizing a qualitative method of semi-structured one-on-one interviews and notes …

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action, Sunil Arora, Sahil Arora, John Hastings

Research & Publications

This study investigates the meta-issues surrounding social media, which, while theoretically designed to enhance social interactions and improve our social lives by facilitating the sharing of personal experiences and life events, often results in adverse psychological impacts. Our investigation reveals a paradoxical outcome: rather than fostering closer relationships and improving social lives, the algorithms and structures that underlie social media platforms inadvertently contribute to a profound psychological impact on individuals, influencing them in unforeseen ways. This phenomenon is particularly pronounced among teenagers, who are disproportionately affected by curated online personas, peer pressure to present a perfect digital image, and the …

Panel Discussion: So You Want To Publish A Book?, Suzanne Kim, Steven W. Bender, Angela J. Davis, Susan D. Carle, Clara Platter, Katheryn Russell-Brown

Scholarly Articles in Law Reviews & Journals

Reaching wide and varied audiences for our academic work through book publishing served as the focus on this pipeline program panel. Through a dynamic conversation among leaders in book publishing from the academic and editorial sectors, we discussed the nuts and bolts of book publishing.

We are indebted, for this important dialogue, to American University Washington College of Law, NPOC, and all the conference’s co-sponsoring schools. We particularly want to thank Vice Dean Susan Carle of American University Washington College of Law, whose idea it was to host this panel. We were joined by the following expert book authors for …

Panel Discussion: Balancing Scholarship, Teaching And Service To Succeed On The Tenure Track – A Workshop For Pretenure Colleagues And Faculty Aspirants, Brenda Smith

Scholarly Articles in Law Reviews & Journals

In imagining the National People of Color Legal Scholarship Conference, the planning committee brainstormed about the theme of the conference and the scope of panels and opportunities that would capture the breadth and vibrancy of scholarship by faculty of color. An antecedent, however, to that scholarship is the entry, success, and thriving of faculty of color in the academy.