Digital Commons Network^™

Learning To Love One-Party Rule: A Beginner’S Guide, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov

ProAcademy

The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed …

James Gardner Reflects On The Question "Is Democracy Possible Here?”, James A. Gardner

Baldy Center Blog

It has often been said of socialism that we don’t really know whether it works because it has never been tried, and because regimes that have called themselves socialist have in fact fallen far short of its ideals. Much the same might be said of democracy.

A Fresh Start: Surveillance Tech And The Modern Law Firm, Titus R. Willis

Duke Law & Technology Review

The legal community is rapidly evolving: firms are more beholden to clients than ever, associates are growing more competitive with one another, and younger firm employees are more willing than ever to subject themselves to surveillance from their employers. These evolutions come alongside a boom in surveillance technology. Tech companies now provide services that can track every keystroke a lawyer makes on a company computer, analyze the content of their computer screens, or even develop algorithms to measure employee productivity. How does the modern law firm respond to these new technologies? How do they weigh their obligations to clients with …

Lawmakers, Wolf Need To Clarify Pa.’S Mail-In Voting Law Before 2022, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

March 9, 2021: The Future Of Mail-In Voting In Pennsylvania--The Week's Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Mail-in Voting in Pennsylvania--the week's column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Legislative Formation Of The Temporary Law Of The Parliament Elections, An Analytical And Critical Study, Eid Ah. Alhosban, Abeer Ba. Dababneh

UAEU Law Journal

The legislative drafting of any law is a standard for judging the adequacy of this law; the more marked the drafting of legislative precision and discipline of the law, the more responsive this law will be to the requirements of society, and the more equitable and effective it will be. The temporary 9/ 2010 Law of Election to the House of Deputies is one of the most important political laws that bear sensitivity to the popularity basis, where the outcome of a House of Deputies is able to carry out its constitutional duties in terms of oversight and legislation.

With …

The Constitutional Limits On Custodial And Support Parentage By Consent, Jeffrey A. Parness

College of Law Faculty Publications

Prompted by the National Conference of Commissioners on Uniform State Laws through its Uniform Parentage Acts, and by the American Law Institute through its Family Dissolution Principles and its Restatement Draft on Children and the Law, recently U.S. state legislators and judges have spurred a revolution in parentage laws. In particular, lawmakers have expanded parental custody opportunities and parental support obligations for those without biological (actual or presumed) or formal adoptive ties by recognizing ever-increasing forms of legal parentage by consent. Lawmakers have revolutionized parentage in some startling ways, as by deeming women to be parents under written paternity laws …

Transparency Of Land-Based Investments: Cameroon Country Snapshot, Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep

Columbia Center on Sustainable Investment Staff Publications

Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.

In a new report focusing on agribusiness projects in Cameroon, CCSI and the Centre pour l’Environnement et le Développement (CED) find that:

• Communities continue to be excluded from decision-making around investments.
• The government pursues a top-down approach to concession allocation and remains reluctant to recognize all legitimate tenure rights.
• The government faces threats to its legitimacy as the grievances of citizens and investors alike lead to the barring of roads by communities and investor withdrawals.

CCSI and CED therefore call for:

• A …

The Idea Of Contract In Japanese Law And Culture, Sara Landini

Japanese Society and Culture

The paper deals with contract law in Japan in the perspective of law and literature in order to better understand some basic concepts that actually are not a translation of western concept like good faith.

Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Transparency is often seen as a means of improving governance and accountability of investment, but its potential to do so is hindered by vague definitions and failures to focus on the needs of key local actors.

In this new report focusing on agribusiness, forestry, and renewable energy projects (“land investments”), CCSI grounds transparency in the needs of project-affected communities and other local actors. Transparency efforts that seek to inform and empower communities can also help governments, companies, and other actors to more effectively manage operational risk linked to social conflict.

Troublingly, the report finds that:

• Disclosures around land investments continue …

Teachers Are Essential: Reducing The Barriers To Workers’ Compensation For Public School Teachers Who Contract Covid-19, Matthew Morales

Health Law Outlook

No abstract provided.

“Incident To Service”: Narrowing The Scope Of The Feres Doctrine In Military Medical Malpractice, Thomas A. Campbell

Health Law Outlook

No abstract provided.

The Patient Assistance Problem, John Defuria

Health Law Outlook

No abstract provided.

Theories Of Naval Blockades And Their Application In The Twenty-First Century, Adam Biggs, Dan Xu, Joshua Roaf, Tatana Olson

Naval War College Review

Technological advancements in weapon systems, platforms, and communications raise questions about the continuing relevance of blockade strategies and tactics that were developed during previous eras of naval warfare. If modern navies are using a centuries-old strategy, to what extent do the old rules still apply?

We Have To Defeat The Myth Of The Stolen Election. We Risk Destroying Our Democracy If We Don't, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov

ProAcademy

The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …

Planting Defamation In Arkansas: A Legal Historical Analysis Of The Development Of Defamation Laws In Arkansas During The 19th Century, Jessica Michelle Beel

Theses and Dissertations

This thesis analyzes the early defamation laws in Arkansas by the constitutions of Arkansas, the laws of Arkansas from 1812 to 1874, and Arkansas case law from 1812 to 1874 as concerning defamation, libel, and slander. This research shows how defamation, libel, and slander developed in Arkansas from early territorial periods to the end of the Reconstruction period. These laws were the foundations and the precedent for today’s defamation statutory and case laws in Arkansas, without these laws, it may be argued that defamation in Arkansas would have been decades behind the American legal system. This research advocates for the …

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The San Francisco School Board’S Vote Removing Lincoln’S, Washington's Names Was Wrong. Here's Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

February 5, 2021: New York Review Letter To The Editor Concerning Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “ New York Review Letter to the Editor Concerning Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Celebrating A Lasting Legacy: Robert J. Kaczorowski, Martin S. Flaherty

Fordham Law Review Online

No abstract provided.

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Pa. Rep. Mike Kelly Came Closer Than You Think To Stealing The Election For Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

January 28, 2021: Miike Kelly Got Closer Than People Think To Stealing The Election For Trump, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mike Kelly Got Closer than People Think to Stealing the Election for Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Compatibility Of Confucianism And Law, Sophia Gao, Aaron J. Walayat

Pace Law Review

It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems …

Pa. Senate Republicans Need To Seat Sen. Jim Brewster, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Future Of Materialist Constitutionalism, Robert L. Tsai

Faculty Scholarship

This is a review essay of Camila Vergara, Systemic Corruption (Princeton 2020). In this lively and important book, Vergara argues that corruption should be given a structural definition, one that connects corruption with inequality and is plebeian rather than elitist. After surveying the work of thinkers from Machiavelli to Arendt, she proposes a set of solutions grounded in the civic republican tradition.
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/="/">I press several points in my essay. First, Vergara's linkage of corruption with inequality is promising, but introduces tension between a general problem (domination of the many by the few) and a more specific problem (the …

Concentrated Lunar Resources: Imminent Implications For Governance And Justice, Martin Elvis, Alanna Krolikowski, Tony Milligan

History and Political Science Faculty Research & Creative Works

Numerous missions planned for the next decade are likely to target a handful of small sites of interest on the Moon's surface, creating risks of crowding and interference at these locations. The Moon presents finite and scarce areas with rare topography or concentrations of resources of special value. Locations of interest to science, notably for astronomy, include the Peaks of Eternal Light, the coldest of the cold traps and smooth areas on the far side. Regions richest in physical resources could also be uniquely suited to settlement and commerce. Such sites of interest are both few and small. Typically, there …