Law Commons^™

Connect 4: Student + Research + Writing + Theory, Nicole R. Chong

Events at Dickinson Law

We often see first-year law students failing to make connections between research, writing, and theory. First-year students tend to view their classes in separate silos. As students advance into the upper-level curriculum, the failed connections are exacerbated. Students are unable to connect what they learned in the first year of law school to the classes they are now taking in their last two years of law school. Additionally, upper-level faculty who assume that the students are making connections when they are not further compound this connection problem. The connection failure can result in a number of problems. How do we …

From The First Day Forward: Integrating Legal Research Into Law School Doctrinal Courses, Clanitra S. Nejdl

Events at Dickinson Law

This presentation focuses on the benefits of partnering with doctrinal professors to integrate legal research into law school doctrinal classes. The presenter will discuss best practices for the integration process. She will also share ideas and tips for developing meaningful collaborations with doctrinal faculty members and explain how she worked with Civil Procedure professors to integrate research into their classes.

Taking Collective Action To Integrate The Law School Curriculum, Sherri Thomas, Michelle Rigual

Events at Dickinson Law

Successfully dismantling the “separate but equal” paradigm to integrate Legal Research and Writing courses into the law school curriculum is a long-term proposition that is unlikely to succeed through a single campaign. At University of New Mexico, several negative hierarchical structures have stood in the way of curricular integration, including some surprising ones that arise from within the legal writing and research faculties. In this session, we’ll discuss these structures, the tools we are using to challenge them, and the successes we have experienced thus far.

The Foundational Skills And Methods That Unify All First-Year Courses, Scott Rempell

Events at Dickinson Law

Many perceive LRW courses as important for practice yet largely distinct from the core “doctrinal” courses that purport to teach students how to “think like a lawyer.” However, a remarkably consistent core of skills and methods of thought unify all first-year courses. If these core skills and methods are at the heart of all first-year courses, then the professors who should cover them in class have to acknowledge they exist and work together to teach them. In short, to break down barriers, LRW professors have to bring to the surface the framework underlying core law school learning objectives – a …

Leading Differently Across Difference: A National Conference On Training Lawyers As Leaders

Leading Differently Across Difference: A National Conference on Training Lawyers as Leaders

No abstract provided.

Once Upon A Time There Was A Mountain Of Paper, Robert P. Zaepfel Jr.

Showcase of Graduate Student Scholarship and Creative Activities

Abstract

James Madison University and the Office of Human Resources recently faced a significant challenge in the arena of records management. As the department migrated to an electronic records management system a unique yet complicated situation arose from simultaneously storing unorganized boxes of duplicate paper records. This topic which was presented at the CUPA-HR (College and University Professional Association for Human Resources) Southern Regional Conference last April and again this year at the SHRM (Society for Human Resource Management) National Conference will focus on the importance of a strategic and analytical approach to electronic records management, paper removal, sensitive data …

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …

Freedom Of Expression, Libel And Insult And Compensation Of Damage, Florim H. Shefqeti

UBT International Conference

Freedom of expression is a fundamental human right, this right is guaranteed by the domestic law the legislation of the Republic of Kosovo and with international documents. In the Republic of Kosovo, this institute has been regulated through the Constitution of Kosovo where Article 40 stipulating that this right includes the right to express, to distribute and receive information, thoughts and other messages, without being obstructed by anyone, and that this right can only be limited by the Law.

Through international documents it is determined that this right belongs to the group of fundamental human rights, so that freedom of …

Protection Of Privacy And Banking Secrecy In Swiss Banking, Bashkim Nuredini, Vesna Paunkoska Dodevska

UBT International Conference

Despite being one of the most developed and regulated countries in the world, Switzerland is also considered to be the leading financial center in the world. Everyone agrees with the fact that banking is one of the most recognizable activities in Switzerland, and also places it among the most important international financial centers with a long tradition, stretching back to medieval times.

Swiss banking is a synonym for a banking system in which the principle of secrecy in banking is widely used. Banking secrecy as an established practice is based on the fact that customer data is kept secret for …

Criminal Law Convention On Corruption And Its Relation To The Criminal Code Of Republic Of Kosovo, Bejtush Gashi, Adrianit Ibrahimi

UBT International Conference

Corruption is a global concern today and Kosovo is no exception! As a matter fact, successful combat against corruption is a crucial condition that has to be met for every legal and a democratic state. For the Republic of Kosovo this means first of all establishing a consistent legal framework based on the general principals of the European Law.

Aim of this research is to prove that in order to have a more successful combat against corruption, Kosovo has to take all measures that are foreseen from the Criminal Law Convention on Corruption, even though Kosovo has not signed this …

International Conference On Law, University For Business And Technology - Ubt

UBT International Conference

UBT Annual International Conference is the 8th 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 them be aware of the recent …

Opening Remarks, Catherine J. Lanctot

Villanova Law Review Norman J. Shachoy Symposium

Despite the significant demographic change in the gender composition of law faculty during the last 25 years, persistent questions of unequal treatment and unconscious bias continue to hamper the ability of female faculty to achieve full equality in law schools.

The symposium will examine a broad variety of issues relating to gender equity in law schools, such as:

• Teaching issues — whether excellent teaching is valued in law schools, whether women faculty have a disproportionate teaching load, whether women are disproportionately present/absent in particular substantive courses, whether women are evaluated differently by students
• Scholarly issues — whether areas of particular …

W&L Law Fall Scholarship Celebration 2019, Brant J. Hellwig, Christopher B. Seaman

Library Events

On October 15, 2019, the Washington and Lee Law Library hosted the third bi-annual W&L Law Fall Scholarship Celebration. The event was co-sponsored by the Frances Lewis Law Center and took place in the Law Library's main reading room from 4:30 to 6:30 p.m.

On display were dozens of scholarly articles, books, and chapters authored by the W&L Law faculty and student body during 2018 and 2019, with hundreds of additional works accessible online through the Scholarly Commons institutional repository.

Faculty, librarians, staff, and administrators mingled with law students over hors d'oeuvres and wine to peruse the formidable scholarly output …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Toward A Human Rights Impact Assessment Tool, Mona Younis

Biennial Conference: The Social Practice of Human Rights

Human rights organizations are increasingly questioned about impact, which is particularly challenging for overextended and under-resourced groups that tackle complex issues requiring a long view to be achieved. They would greatly benefit from a manageable assessment tool to capture how well they are doing on key dimensions that are essential for that long-view impact. Building on my experience with the Ford Foundation’s Organizational Mapping Tool designed to assess organizational capacity, I propose to develop a tool to assess human rights impact.

The tool will enable any human rights organization to assess how it is doing in areas that are essential …

Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai

Biennial Conference: The Social Practice of Human Rights

Purpose: Against the backdrops of deteriorating human rights protections and the rule of law after the unprecedented Umbrella Movement in Hong Kong, this paper investigates the roles and impacts of mobilised legal profession in resisting China’s authoritarian rule over and defending domestic human rights regime in Hong Kong. This paper argues that, despite the legal profession of Hong Kong becomes further divided under the political and economic statecraft, lawyer activism as a professional resistance becomes a new force to resist the political intervention of the rule of law as well as deepening the cultural and institutional foundations of the rule …

Contesting Human Rights Defenders At The Un Human Rights Council, M. Joel Voss

Biennial Conference: The Social Practice of Human Rights

Human rights defenders are being increasingly targeted across the globe. The rise of nationalist, populist regimes is of great concern to both human rights defenders and those that advocate for the rights of defenders. The problem is not only of domestic concern. The UN Human Rights Council, the UN’s preeminent human rights institution, is also seeing an increasing number of attacks on defenders, both in formal settings like discussions on resolutions and the Universal Periodic Review process and informally, through threats to participants at the Council.

This paper attempts to better understand and predict which states will both try to …

International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo

Biennial Conference: The Social Practice of Human Rights

The scientific development in Artificial Reproductive Technology (ART), especially IFV solutions, are promoting the development of our reproductive options. Surrogacy is now one of these solutions and new ethical and legal problems arise.

Domestic Laws have the most different positions. If there are countries that admit surrogacy arrangements, even commercial ones like the Florida State in the USA (and the particular case of India); others criminalize these procedures and others, like the UK (and Portugal), have a middle term position.

Considering the frontier zone in which surrogacy takes its place, the debate is more exuberant since the concrete legal solution …

Using A Human Rights Framework For Regulating The Internet Of Things: The Critical Role Of Human Rights Advocacy, Adam Todd

Biennial Conference: The Social Practice of Human Rights

The Internet of Things (IoT) refers to the billions of technical devices around the globe that connect to and communicate through the Internet. These devices collect, store and share vast amounts of valuable data. With the advent of 5G (fifth generation cellular network technology), IoT is expected to grow even more dramatically over the coming decade and likely to change our lives in ways we have yet to imagine.

IoT holds the promise of advancing human rights by facilitating the technology that can lead to a healthier, cleaner, and more sustainable environment, and greater access to education, better healthcare, capital, …

Rights In Small Places? Participation, Rights And Power In Northern Ireland, Nicola Browne

Biennial Conference: The Social Practice of Human Rights

That a disconnect exists between ordinary people and the world of human rights academia, NGOs and INGOs and the marginalised communities they are intended to serve is undisputed. As the years preceding and following the financial crash have been characterised by increased economic inequality and concentration of power and influence in the hands of a ever-shrinking coterie of elites, human rights as a tool of change have seemed increasingly legalistic, irrelevant and divorced from the people. A case study will be presented of Belfast based rights organisation (Participation and the Practice of Rights - PPR) set up to develop and …

Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human rights, …

Rehumanization Among Veterans Of The Yugoslav Wars: Rethinking Reconciliation And Post-Conflict Justice, Jordan N. Kiper

Biennial Conference: The Social Practice of Human Rights

Rehumanization is a central element in powerful social movements after war. Drawing from ethnographic fieldwork in the Balkans, I consider the convergence and divergence between notions of rehumanization found in human rights literature and the role of rehumanization among veterans in Bosnia-Herzegovina and Serbia. Rehumanization plays a prominent role among these veterans because of the International Criminal Tribunal for the former Yugoslavia (ICTY), which has had varied social effects on Balkan communities. By supporting the ICTY, veteran associations have vetted themselves of potential war criminals, and thereby developed overlapping justice discourses that converge on the notion of reconciliation. There are …

Human Rights Litigation And Anti-Sodomy Laws In Kenya And Botswana, Andrew Novak

Biennial Conference: The Social Practice of Human Rights

In May 2019, the Kenya High Court is expected to rule on Sections 162 and 165 of the penal code, which criminalize consensual sex between two adult men. Similarly, the Botswana High Court will rule on its equivalent penal code provisions, Sections 164 and 165, in June 2019. Regardless of the outcomes of these decisions, both will contribute to a global “judicial dialogue” on the constitutionality of anti-sodomy laws. In jurisdictions as diverse as Northern Ireland, Belize, Singapore, South Africa, the United States, and most recently India, courts around the world have considered whether anti-sodomy laws violate the rights to …

“Water Is A Human Right”: Exploring The Paradox Of Framing Water As A Human Right In A Hostile Political Climate, Sabrina Kozikis

Biennial Conference: The Social Practice of Human Rights

Many communities across the United States experience challenges in accessing clean and affordable water. In response, civil society and grassroots organizations are using a human rights framework to advocate for safe and affordable services for all. This is a curious trend, given that the United States is a country in which human rights, specifically socio-economic rights, are not recognized as relevant for domestic policy and even met with hostility. This study explores this tension: why do civil society actors, grassroots organizers, and national level advocates in the United States use a human rights framework to advocate for access to clean …

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Biennial Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood leaders, …

Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes

Biennial Conference: The Social Practice of Human Rights

According to the World Inequality Report 2018 (WID 2017), Brazil is one of the few countries that has not recently displayed an increase in income inequality, having instead sustained it on persistently very high levels, actually composing the world’s “inequality frontier”. While such levels of inequality may be partly attributed to poor distribution of property rights, human capital endowments, and specificity of labor relations, a significant part of it is undoubtedly due the national fiscal system’s reduced distributive capacity, compromised by one the worst taxation systems in the world. Occupying the 184th position out of 190 countries in the World …

How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery

Biennial Conference: The Social Practice of Human Rights

The dramatic rise in socioeconomic inequality produced by neoliberal globalisation has provoked a crisis of confidence in the human rights community and inspired a wave of debate about whether human rights have anything meaningful to offer in advancing economic justice. The pessimistic view argues human rights are inadequate for challenging socioeconomic inequality because they are too closely aligned to Western liberalism and too uncritical of the rise of capitalism. The more optimistic view does not dismiss these critiques entirely. It argues that they are only valid for particular (arguably dominant) types of human rights praxis, however. Failing to acknowledge this …

The Rise Of ‘Right-Wing’ Human Rights Rhetoric: A Palestinian & Israeli Case Study, Leah Wilson

Biennial Conference: The Social Practice of Human Rights

Human rights are historically understood as ‘liberal’ rhetoric, yet the following study will present an unprecedented turn by an Israeli ‘right-wing’ organization to human rights language and methodologies as a means to advance their goals. For context, the study will review how ‘liberal’ organizations in the region have employed rights-based frameworks, dating back to the rise of the first intifada in the late 1980’s. Specifically, the study focuses on three organizations that utilize the Israeli court system for their work: ACRI (Association for Civil Rights in Israel), Adalah (The Legal Centre for Arab Minority Rights in Israel), and HaMoked. Human …

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …