Law Commons^™

Two Concepts Of Judicial Deference To Religious Claims, Chagai Schlesinger

BYU Law Review

Religious exemptions from general laws are everywhere. The U.S. Supreme Court is expanding its exemption doctrine, systemically preferring religious needs over conflicting considerations. This ignites an ongoing debate between those celebrating religious liberties and those fearing their societal costs. Assessing this judicial trend, as this Article highlights, requires noticing how it is facilitated by a broad deferential approach to religious claims, refraining from evaluating their content.

This Article argues that this broad expression of judicial deference is analytically flawed and normatively implausible. The problem lies in the failure to distinguish between two types of religious claims when deferring to them: …

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …

Making The Margins Visible: Dignity At Work And The Promise Of Puttaswamy—Review Of Gendered Bodies And Worlds Of Labour: Reconceptualizing Dignity After Puttaswamy Vs Union Of India, Shreya Shree

National Law School Journal

This review examines Kalpana Kannabiran and Devi Jagani’s reimagination of dignity as a framework for securing justice in gendered labourscapes. By centering a broad and dynamic understanding of dignity as a right, an inherent characteristic, and an enabling condition for rights-talk, the book advances new ways of articulating rights-claims through an intersectional and interdisciplinary reading of the Indian Constitution. The review highlights the significance of this approach in renewing understandings of the worker, labour, discrimination, and rights, while exploring its possibilities and limits in confronting violence and injustices embedded in gendered labour relations within the domestic sphere and beyond.

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

Articles

Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …

The Objective Observer: The Washington State Supreme Court's Remedial Aspirations And Experience On The Ground, David B. Owens

Washington Law Review

The Washington State Supreme Court has adopted an “objective observer rule” for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the result of racial bias, even where there is no evidence of specific racial animus and in the absence of racial slurs. The rule, which covers a form of disparate impact, has now existed for over half a decade. This Article outlines the Washington State Supreme Court’s development of the objective …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.

Tribal Justice As A Means Of Resolving Disputes On Shariá Grounds In Palestine

UAEU Law Journal

Abstract

Tribal justice is a mechanism of dispute resolution outside ordinary courts in different disciplines. Shari’a law, norms and customs are the main sources of tribal justice in Palestine. Therefore, the characteristics of the Palestinian society (religious, patriarchal, and community-oriented), constitute a favorable atmosphere for tribal justice to flourish. Consequently, tribal justice focuses on achieving reconciled justice, social security, victim compensation, offender rehabilitation, and deterrence.

The relationship between the tribal and formal justice systems in Palestine is dual. The formal justice system typically seeks tribal intervention in serious crimes, such as murder and rape, to prevent revenge and help de-escalate …

الإنهاء الضمني للعقد الإداري في قضاء مجلس الدولة الفرنسي

UAEU Law Journal

Abstract

As the French Council of State is an inexhaustible source for establishing the principles and rules of administrative law, making its rulings and decisions foundational references in the study of this field, this study examines a recent position adopted by the Council, through which it established a new legal rule regarding the unilateral termination of an administrative contract. Accordingly, this kind of termination is not necessarily taken by explicit administrative decision, rather it can be inferred from approach of the administration, circumstances of its approach and the expiration of the specified execution deadlines stipulated in the contract, especially during …

المواجهة الجنائية للتحايل على عنوان بروتوكول الإنترنت في القانونين الإماراتي والليبي

UAEU Law Journal

Abstract

In the virtual world, criminals often attept to conceal their crimes and prevent detection by criminal justice agencies. They use many means and techniques for this purpose, and perhaps the most remarkable one is to circumvent the Internet Protocol (IP) address with the intent of committing a crime and obtaining its proceeds without being identified and held accountable by the criminal justice system.

There is no doubt that spoofing the IP address poses a significant problems to criminal justice agencies in their mission to investigat crimes and identify perpetrators.

The importance of this study lies in the necessity of …

الإطار القانوني لمختبرات التقنية المالية – فنتك - دراسة مقارنة

UAEU Law Journal

Abstract

The significant and unprecedented advancements in the FinTech sector have posed several legislative and regulatory challenges to the regulating bodies in overseeing this emerging and unique industry. Balancing the promotion of innovation and creativity on one hand while safeguarding consumers on the other hand, have often been conflicting objectives that legislators and regulatory bodies strive to achieve. To address this, many countries around the world have recently adopted organized regulations for the FinTech sector.

This research aims to introduce the Arab reader and researcher to the financial technology - FinTech - sector, which has become a component of the …

رقابة المحكمة الدستورية العليا الفلسطينية على الأنظمة - دراسة مقارنة

UAEU Law Journal

Abstract

This study aims to identify the role of the Palestinian Supreme Constitutional Court in overseeing the constitutionality of regulations, in accordance with the provisions of the amended Basic Law of 2003, which established it as a guardian of its provisions. The court enjoys several powers, including the observance of the constitutionality of laws and regulations, and it falls outside the hierarchical structure of the regular courts. Despite the issuance of the Court Law No. (3) of 2006, its work was not activated until 2016, and that was done under Presidential Decree No. (57) of 2016, which appointed its members. …

نظام الرجوع عن القرارات والأحكام القضائية في دولة الإمارات العربية المتحدة

UAEU Law Journal

Abstract

The legislator in the United Arab Emirates has approved ways to appeal against judicial decisions and rulings, among them some are ordinary ways of appeal, which are represented by the way of appeal in the UAE civil judiciary, through which the principle of two-tier litigation is realized, and some are unusual ways of appeal represented in the petition for reconsideration and cassation. And, by Federal Decree-Law No. 15 of 2021, a system was created for reversing civil judicial decisions and judgments.

The UAE legislator, in the text of Article 187 bis, under which the system of reversal is introduced, …

آثار نزع الملكية للمنفعة العامة على حقّ الملكية الخاصة في النظام السعودي

UAEU Law Journal

Abstract

The decisions of private property expropriation for the public interest, issued by administrative authorities, are among the most important practical applications, that clarify the nature of the relationship between administrative authorities and individuals, as the principle of public benefit is used as a justification for the expropriation of private property against the will of the individual. The aim of this study is to investigate the legality of decisions to expropriate private property for the public interest. Such decisions are closely related to a basic human right (the right of ownership), which necessitates examining the meaning of public interest, and …

مستقبل التدخل القضائي في مرحلة التنفيذ العقابي: رؤية جديدة في ضوء نصوص الدستور المصري الصادر سنة 2014م (دراسة تحليلية استشرافية)

UAEU Law Journal

Abstract

The shift toward reformative goal of punishment has played a prominent role in expanding the circle of judicial intervention during the enforcement phase, to insure that the imposed penalty fulfills its role in reforming the person subjected to it. Before the establishment of this reform objective, there was no room for talking about an influential role of the judiciary in the stage of penal enforcement. The serious discussion of this role did not begin until the reformative goal of punishment was established.

The phase of penal enforcement, was a completely forgotten stage for the Egyptian constitutional legislator, and did …

نظام الرجوع عن القرارات والأحكام الباتّة في دولة الإمارات العربية المتحدة دراسة تحليلية

UAEU Law Journal

Abstract

This study examines the conditions for accepting the retraction of irrevocable decisions and judgments issued by the Courts of Cassation in the United Arab Emirates. As a rule, Courts of Cassation represent the final stage of adjudicating a case, and their judgments are considered final, meaning they cannot be annulled, as they are deemed the embodiment of truth, whether issued correctly or erroneously. However, since judges are human and prone to error, the Emirati legislator saw fit to ease the rigidity of the principle of the finality of judgments and to prioritize justice. Thus, a reversal system was introduced …

حدود سلطة رئيس الجمهورية في تعديل الدستور في ظل الدستور السوري لعام 2012م

UAEU Law Journal

Abstract

The Syrian constitution of 2012, like many contemporary constitutions, grants the head of state significant powers in the process of constitutional amendment. In this research, we have attempted to present a viewpoint that explains and demonstrates the limits of the President of the Republic’s authority and the role he can play within the framework of constitutional amendment process, whether in terms of the powers he holds under article 150 of the Constitution which governs the procedures, or in terms of the absolute powers he possesses, under his exceptional and referendum-based authority pursuant to Articles 114 and 116 of the …

Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Opioid Litigation’S Challenge For Tort Theory, Alexander B. Lemann

Brooklyn Law Review

Tort litigation related to the opioid crisis has spanned several decades and led to tens of billions of dollars in liability. While several important opioid cases remain pending in various stages of litigation, it is now possible to sketch a basic outline of the results: individual plaintiffs sued opioid manufacturers on a variety of theories, seeking redress for the harms resulting from their addictions. They all lost. Following a pattern established by the tobacco litigation thirty years earlier, public plaintiffs, including city, county, and tribal governments, then filed their own suits, principally on public nuisance theories. These cases were much …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Catholic University Law Review

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …

Pragmatics And Textualism, Lawrence B. Solum

Journal of Law and Policy

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via what is called “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is incorrect. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires …

The Deterrence Dilemma: Is It Time For Canada To Abandon General Deterrence As A Sentencing Objective?, Caitlin Salvino

Dalhousie Law Journal

When Canada first codified its sentencing framework in the Criminal Code, Parliament included deterrence as a sentencing objective. The sentencing objective of deterrence encompasses two aspects: specific deterrence for the individual offender and general deterrence for other potential offenders. I engage with the concept of general deterrence and its incorporation into Canadian sentencing law throughout this article. I argue that Parliament should abandon general deterrence as a sentencing objective under the Criminal Code. After reviewing the jurisprudence on general deterrence and conducting a systematic review of its current application in Ontario sentencing decisions, I argue that general deterrence should be …