Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 10201 - 10230 of 544008

Full-Text Articles in Entire DC Network

The Rural Rescue: Tackling Arkansas’S Legal Deserts Through Proven Statutory Reform, Kathryn Totty Jun 2025

The Rural Rescue: Tackling Arkansas’S Legal Deserts Through Proven Statutory Reform, Kathryn Totty

Arkansas Law Review

In some rural counties of Arkansas, a single attorney is responsible for serving thousands of residents, depriving many Arkansans of even basic legal representation. Imagine facing eviction, fighting for custody of your child, contesting a divorce, or navigating the complexities of probate with no attorney for miles. This stark reality exemplifies the growing “legal deserts” problem facing rural Arkansas, where access to justice has become a luxury rather than a right. To combat the growing shortage of legal professionals in rural areas, states seek new solutions—some proving more successful than others. Several states have implemented rural attorney incentive programs, typically …


Be Curious, Not Judgmental: Neurodiversity In Legal Education, Katherine Silver Kelly Jun 2025

Be Curious, Not Judgmental: Neurodiversity In Legal Education, Katherine Silver Kelly

Arkansas Law Review

This Article takes the position that the curiosity associated with legal education is limited to those who are neurotypical. For students who are neurodivergent, law school is a place of judgment, not curiosity. The number of neurodiverse law students is increasing, yet they are not sufficiently supported in law school. This Article will seek to show how the current structures of legal education, although fundamentally sound, have become overly rigid. Instead of providing students with intellectual foundations of legal doctrine that prepare them for the challenges of practicing law, the existing status quo stifles those goals. By limiting our practices …


A Tale Of Two Law Schools, Benjamin H. Barton Jun 2025

A Tale Of Two Law Schools, Benjamin H. Barton

Arkansas Law Review

On the august occasion of the 100th anniversary of the University of Arkansas School of Law, this Essay celebrates one of its singular achievements: the decision of then-Dean Robert Leflar to admit Silas Herbert Hunt, the first African American allowed to enroll for graduate or professional studies at any all-white university in the former Confederacy since reconstruction. The bravery of both Leflar and Hunt has been correctly celebrated in the past, but this Essay seeks to highlight why it was actually braver than one might think (for both Hunt and Leflar) by comparing the actions of Arkansas Law with the …


Licensure As Pathway, Not Barrier, Brian Gallini Jun 2025

Licensure As Pathway, Not Barrier, Brian Gallini

Arkansas Law Review

The legal profession knows it has an access to justice crisis. One side lacks a lawyer in approximately three-quarters of the twenty million civil cases filed across state courts every year. Against that concerning backdrop is how we license attorneys. The most common method is the written bar exam. But that exam bears little resemblance to the practice of law, produces racially disparate results, and is shockingly expensive for law graduates to prepare for and take. Its opaque scoring practices alongside its rare administration—offered just twice per year—strengthens the idea that the modern bar exam operates more as a barrier …


Contents, Journal Editors Jun 2025

Contents, Journal Editors

Arkansas Law Review

No abstract provided.


Foreword, Cynthia E. Nance Jun 2025

Foreword, Cynthia E. Nance

Arkansas Law Review

The 2024 Arkansas Law Review Symposium, Embracing the Past, Enhancing the Future: Exploring the Evolution of Legal Education, was a prominent event in the University of Arkansas School of Law’s Centennial Speaker Series. As the School of Law celebrated its 100th anniversary, it seemed an appropriate time to focus our collective attention on critical and emerging issues: recent developments in bar admission processes, shifts in accreditation standards, online legal education, approaches to Artificial Intelligence in the classroom and the profession, and the newly developed NextGen Bar exam.


Arkansas Law Review - Volume 78 Issue 2, Journal Editors Jun 2025

Arkansas Law Review - Volume 78 Issue 2, Journal Editors

Arkansas Law Review

No abstract provided.


Vulnerabilidad Socioambiental A Inundaciones En Dos Humedales De San Cristóbal De Las Casas, Chiapas, México, Ender Fabian Toledo Alcázar, Salvador Adame Martínez, Marcelino García Benítez Jun 2025

Vulnerabilidad Socioambiental A Inundaciones En Dos Humedales De San Cristóbal De Las Casas, Chiapas, México, Ender Fabian Toledo Alcázar, Salvador Adame Martínez, Marcelino García Benítez

Journal of Maya Heritage

Abstract

This study encompasses the following urban wetlands: "La Kisst," situated in the city center, and "María Eugenia," located in the southern part of the city of San Cristóbal de las Casas. There are four wetlands within the municipality, all of which have been protected as natural areas by a Ramsar decree since 2008. The research aims to assess the socio-environmental vulnerability of the two wetlands using indicators in the environmental, social, and legal dimensions, thereby establishing the degree of vulnerability of the urban population exposed to flooding. The methodological process is defined by the proposal of CENAPRED, which establishes …


Transforming Care: An Academic And Community Symposium On Transgender Care And Experience, Alison Sutton-Ryan, Kimberly Van Vulpen Jun 2025

Transforming Care: An Academic And Community Symposium On Transgender Care And Experience, Alison Sutton-Ryan, Kimberly Van Vulpen

Transforming Communities

Background: Transgender experience is often excluded from education and training. An emphasis has been often placed on sexual identities instead of gender differences rendering transgender care invisible in the healthcare system (Gahagan & Colpitts 2017). Lack of education and training has created significant barriers to accessible gender-affirming care, contributing to disproportionately high levels of discrimination for transgender individuals seeking medical services (Redcay et al., 2021). Purpose: The Interprofessional Education Symposium on Transgender Care and Experience was an innovative initiative developed by the newly formed Transgender Interprofessional Care Team (TICT) at a medium-sized suburban university. This collaborative team, comprising key …


The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra Jun 2025

The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra

Indonesian Journal of International Law

On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …


Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari Jun 2025

Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari

Indonesian Journal of International Law

The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is …


Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović Jun 2025

Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović

Indonesian Journal of International Law

The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …


Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela Jun 2025

Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela

Indonesian Journal of International Law

To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation …


Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam Jun 2025

Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam

Indonesian Journal of International Law

The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …


Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga Jun 2025

Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga

Indonesian Journal of International Law

The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …


Alcohol & Substance Abuse Among Youth In South Africa, Carsyn R. Richins Jun 2025

Alcohol & Substance Abuse Among Youth In South Africa, Carsyn R. Richins

Journal of Nonprofit Innovation

South Africa is one of the riskiest drinking countries in the world, and its youth show some of the highest alcohol and substance abuse rates in the nation. In recent years, consumption rates among South African youth have increased while the average age of first use has decreased. This has led to higher levels of binge drinking, addiction, and dependency. This paper explores the root causes and long-term consequences of this growing issue. It argues that three primary factors — early and frequent exposure, poor governmental regulation, and the use of substances as a coping mechanism — have created a …


Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale Jun 2025

Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale

Publications and Research

Rooted in a rural community’s needs, this paper explores how historically, and ethically informed infrastructures can support community engagement towards identification, documentation, and dissemination of local, traditional, and indigenous knowledge relating to climate change. The paper examines climate adaptation and sustainability issues through the lenses of community organizing and Library & Information Science best practices. It draws on a growing body of literature identifying a role for expanded epistemological and subject discipline perspectives. While the impacts of climate on material culture are increasingly recognized, intangible, and biocultural heritage have not received as much attention. Living heritage traditions and knowledge systems …


Cardozo Law News Brief: June 27, 2025, Benjamin N. Cardozo School Of Law Jun 2025

Cardozo Law News Brief: June 27, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the election of 33 members of the Class of 2025 to the Order of the Coif, recognizing their academic excellence. Faculty in the media include Professor Alexander Reinert in Bloomberg Law on the Supreme Court’s decision upholding Tennessee’s ban on gender-affirming care for minors, Professor Anthony Sebok in Law360 on the Senate’s proposed litigation finance tax, Professor Sam Weinstein in the Wall Street Journal and NPR on antitrust issues involving X and Google, Professor Lindsay Nash on NPR discussing ICE’s unprecedented subpoenas to states, and Professor Matthew Wansley in The New York Times on …


Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig Jun 2025

Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig

Seattle University Law Review Online

Antonio M. Coronado and Gabriela Elizondo-Craig examine the transformative potential of online legal education through their work at Innovation for Justice, where they lead virtual legal training programs for community-based justice workers. They trace the development and limitations of ABA Standard 306, highlighting how the COVID-19 pandemic exposed both the rigidity of traditional legal education and the possibilities of technology-enabled learning. Drawing on adult education theory and best practices in online pedagogy, Coronado and Elizondo-Craig challenge prevailing critiques of distance legal education and advocate for a learner-centered, accessible, and inclusive model. Their experience demonstrates how online legal education, when intentionally …


Lessons Learned: Luis Jácome, Mercedes Cardona Jun 2025

Lessons Learned: Luis Jácome, Mercedes Cardona

Journal of Financial Crises

Luis Jácome was appointed president of the board of Ecuador’s central bank in 1998 by newly elected President Jamil Mahuad. He and other members of the board resigned in 1999 in protest against a number of crisis-intervention measures they saw as threatening the bank’s independence to set monetary policy. Since the 1970s, Ecuador’s economy had experienced a period of growth fueled by oil exports, but by the mid-1990s the economy was reeling from a series of shocks, among them: a sharp drop in the price of oil, the effects of severe flooding on the country’s agricultural production, and the cost …


Lessons Learned: Vincenzo La Via, Mercedes Cardona Jun 2025

Lessons Learned: Vincenzo La Via, Mercedes Cardona

Journal of Financial Crises

Vincenzo La Via joined the World Bank Group in 2005 as chief financial officer, in charge of financial reporting, accounting, strategic planning and budgeting, credit risk, corporate finance, market risk, liquidity and asset management, and product development. During his tenure, La Via took part in the bank’s response to the Global Financial Crisis (GFC) and the subsequent European Sovereign Debt Crisis. He left the bank in 2012 to become director general of the Treasury in the Italian Ministry of Economy and Finance as the Italian government took on reform of the banking sector. He left the public sector in 2019 …


Lessons Learned: Miguel Carcaño, Mercedes Cardona Jun 2025

Lessons Learned: Miguel Carcaño, Mercedes Cardona

Journal of Financial Crises

During the Global Financial Crisis (GFC), Miguel Carcaño served as head of the Spanish Treasury’s Fund for Orderly Bank Restructuring, the authority in charge of managing the restructuring process of the country’s credit institutions. The fund, known today as the Spanish Executive Resolution Authority, is integrated into the European network led by the Single Resolution Board (SRB) of the European Union’s banking union. Carcaño has held a number of posts within the SRB and in 2022 became head of the Single Resolution Fund, the SRB’s emergency fund, which serves as backstop for institutions across the banking union’s 21 countries.


Lessons Learned: Benoît Cœuré, Mercedes Cardona Jun 2025

Lessons Learned: Benoît Cœuré, Mercedes Cardona

Journal of Financial Crises

Benoît Cœuré held several positions in the French Treasury in the years leading to the Global Financial Crisis (GFC). He was an economic adviser to the director general of the French Treasury from 1997–2002, deputy chief executive and chief executive of the French debt management office from 2002–2007, and assistant secretary for multilateral affairs, trade, and development from 2007–2009. He served as chief economist and deputy director general in 2009–2011. He joined the European Central Bank (ECB) during the European Sovereign debt Crisis and was responsible for market operations, market infrastructure supervision and European and international relations as a member …


Lessons Learned: Ignazio Angeloni, Mercedes Cardona Jun 2025

Lessons Learned: Ignazio Angeloni, Mercedes Cardona

Journal of Financial Crises

Ignazio Angeloni was an adviser on financial integration, financial stability, and monetary policy to the Executive Board of the European Central Bank during the European Sovereign Debt Crisis and later became director general of financial stability. He coordinated the preparations for establishing the Single Supervisory Mechanism (SSM), a component of the European banking union. The SSM was created to address macroprudential gaps identified during the Global Financial Crisis and the Sovereign Debt Crisis. Angeloni has advocated in his academic papers for completing the work of the SSM by establishing a regional deposit insurance scheme that would backstop the work of …


Lessons Learned: Mark Branson, Mercedes Cardona Jun 2025

Lessons Learned: Mark Branson, Mercedes Cardona

Journal of Financial Crises

Mark Branson joined the Swiss Financial Market Supervisory Authority (FINMA) as head of the banking division in 2010, during the European Sovereign Debt Crisis. He became deputy director of FINMA in 2013 and was named director a year later. Although Switzerland is not a member of the European Union (EU) or its banking union, the nation participates in bilateral agreements that govern trade with the EU, its largest trading partner. In the wake of the Global Financial Crisis (GFC), it enacted a number of regulations to improve oversight of the financial sector. Branson left FINMA in 2021 to become head …


How Us Bank Regulation Failed Svb And Its Supervisors, Greg Feldberg, Carey K. Mott, Jill Cetina Jun 2025

How Us Bank Regulation Failed Svb And Its Supervisors, Greg Feldberg, Carey K. Mott, Jill Cetina

Journal of Financial Crises

It is well known that Silicon Valley Bank (SVB) failed in March 2023 because of a toxic combination of uninsured deposits and underwater securities. This article argues that the bank’s failure could have been avoided if SVB had been subject to two global standards established by the Basel Committee on Banking Supervision. First, the interest-rate risk in the banking book (IRR-BB) standard, never fully implemented in the United States, would have identified the bank’s extremely risky asset-liability management strategy and required remedial action 10 quarters before it failed. Second, the liquidity coverage ratio (LCR), from which US regulators had exempted …


Emergency Liquidity Assistance And Monetary Financing In The European Union: A Case Study In Fiscal Cooperation?, Vincient Arnold Jun 2025

Emergency Liquidity Assistance And Monetary Financing In The European Union: A Case Study In Fiscal Cooperation?, Vincient Arnold

Journal of Financial Crises

In the European Union (EU), primary EU treaty law prohibits central banks from engaging in monetary financing, which includes lending to insolvent firms. This legal prohibition exists alongside, and in parallel to, various regulatory provisions of the Eurosystem. As a result, EU Member State central banks face unique legal limitations when acting in their roles as lenders of last resort, providing emergency liquidity assistance (ELA). In practice, European central banks—both members of the Eurosystem and not—lend to firms of questionable solvency with some frequency, often creatively employing fiscal guarantees to limit their balance sheet exposure and shift the lending risk …


United States: Rhode Island Limited Bank Holiday, 1991, Ayodeji George, Sophia Alden Jun 2025

United States: Rhode Island Limited Bank Holiday, 1991, Ayodeji George, Sophia Alden

Journal of Financial Crises

In 1990, the Rhode Island Share and Deposit Indemnity Corporation (RISDIC) was a private mutual deposit insurance corporation funded by member institutions. Late that year, after the failures of two of its insured institutions in July and October, other RISDIC member institutions faced large depositor withdrawals, as concerns began to focus on the financial health of RISDIC itself. RISDIC had maintained inadequate reserves, and on December 31, 1990, it found itself lacking the resources to cover depositor withdrawals from member institutions. RISDIC leadership requested a state-appointed conservator, which meant that all its member institutions no longer had the deposit insurance …


United States: Reserve Primary Fund Suspension, 2008, Anmol Makhija Jun 2025

United States: Reserve Primary Fund Suspension, 2008, Anmol Makhija

Journal of Financial Crises

In 2008, the Reserve Primary Fund was the world’s third-largest money market fund with $62.5 billion in assets. Following Lehman Brothers’ bankruptcy filing on September 15, the Primary Fund’s $785 million position in Lehman debt securities was underwater, and the fund faced severe redemption pressures from investors. In just two days, redemption requests surpassed $40 billion. Owing to the fund’s inability to liquidate assets at or above par value in the frozen markets and the inability of its sponsor, the Reserve Management Company, Inc. (RMCI), to support investors, the Reserve announced on September 16 that the Primary Fund had “broken …


United States: National Bank Holiday, 1933, Ayodeji George Jun 2025

United States: National Bank Holiday, 1933, Ayodeji George

Journal of Financial Crises

By mid-February 1933, the United States was in the depths of the Great Depression and the banking system faced sustained depositor runs and currency hoarding. On February 14, the governor of Michigan declared a holiday for all banks and trusts in the state. There followed a wave of declared bank holidays and bank runs across the country. The public withdrew $1.8 billion in gold and currency from banks in February and early March, with nearly two-thirds of those withdrawals occurring in the week ended Friday, March 3. By that date, 25 of 48 states had implemented bank holidays or restricted …