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Articles 1 - 30 of 104
Full-Text Articles in Law
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2014: No Justification For Torture, Bruce Ledewitz
December 11, 2014: No Justification For Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Justification for Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Death of Meaning in Law and Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes
Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.
Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment
Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.
By sharing the outcomes of the roundtable, this document …
Business Torts And Unfair Competition Handbook, 3rd Edn, Maurice Stucke
Business Torts And Unfair Competition Handbook, 3rd Edn, Maurice Stucke
Scholarly Works
No abstract provided.
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Reasons the Democratic Party Coalition Collapsed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.
Toward Win-Win Sustainable Development, Linda Moon
Toward Win-Win Sustainable Development, Linda Moon
Columbia Center on Sustainable Investment Staff Publications
An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.
Outcome Report Of Roundtable On Governing Natural Resources, Columbia Center On Sustainable Investment
Outcome Report Of Roundtable On Governing Natural Resources, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In November 2014, CCSI convened a one-day roundtable focused on lessons learned from good governance initiatives for extractive industry investments and large land-based agricultural investments. The roundtable brought together a range of stakeholders working on extractive industry investments and/or land-based forestry and agricultural investments, including representatives from civil society, government, academia, and the private sector. CCSI has published an outcome note from this roundtable.
Key structural differences between the extractive industries and the forestry and agriculture sectors mean that not all lessons learned from good governance initiatives related to extractives investments or land-based agricultural investments are transferrable. However, large-scale extractive …
October 31, 2014: Pennsylvania Doings, Bruce Ledewitz
October 31, 2014: Pennsylvania Doings, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pennsylvania Doings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Student Publications
This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.
Mid-Atlantic Ethics Committee Newsletter, Fall 2014
Mid-Atlantic Ethics Committee Newsletter, Fall 2014
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Student Publications
This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Scholarly Works
Federal copyright law provides a digital performance right that allows owners of sound recordings to receive royalties when their works are transmitted over the Internet or via satellite radio. However, this federal protection does not extend to pre-1972 sound recordings, which are excluded from the federal copyright system and instead left to the protections of state law. No state law explicitly provides protection for any type of transmission, a situation the owners of pre-1972 sound recordings find lamentable. These owners are therefore attempting to achieve such protection by various means. In California, they filed a lawsuit, claiming that they already …
Book Review: Humane Migration: Establishing Legitimacy And Rights For Displaced People., Fran Ansley
Book Review: Humane Migration: Establishing Legitimacy And Rights For Displaced People., Fran Ansley
Scholarly Works
No abstract provided.
Truancy Lawyering In Status Offense Cases: An Access To Justice Challenge, Dean Rivkin
Truancy Lawyering In Status Offense Cases: An Access To Justice Challenge, Dean Rivkin
Scholarly Works
No abstract provided.
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
Akron Law Faculty Publications
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents, Omnicare, Inc., Et Al., Petitioners, V. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan Macleod Heminway, J. Robert Brown, Celia Taylor, Lyman P.Q. Johnson
Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents, Omnicare, Inc., Et Al., Petitioners, V. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan Macleod Heminway, J. Robert Brown, Celia Taylor, Lyman P.Q. Johnson
Scholarly Works
This Amicus Brief was filed on behalf of more than 20 law and business faculty in a case arising under Section 11 of the Securities Act of 1933. The issue framed by the parties sought to define the test for establishing the falsity of an opinion that was not subjectively believed. The statement at issue involved representations that contracts were legally valid. The Brief took the position that the statement was not an opinion. A representation about the legal validity of contracts, like other matters of present fact, can be false on the date made. Nonetheless, a speaker may express …
The Mauritius Convention On Transparency: Comments On The Rreaty And Its Role In Increasing Transparency Of Investor-State Arbitration, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In July 2014, the United Nations Commission on International Trade Law (UNCITRAL) adopted the Mauritius Convention on Transparency that, if widely adopted, will do much to increase the transparency of investor-state arbitrations conducted under thousands of existing investment treaties and under any set of arbitration rules. This Policy Paper introduces the background and objectives of the Transparency Convention, provides commentary on each of its specific articles, and explains how the Transparency Convention can accomplish broad reform.
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson, Nathalie Bernasconi-Osterwalder
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson, Nathalie Bernasconi-Osterwalder
Columbia Center on Sustainable Investment Staff Publications
In July 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted a package of rules aiming to ensure transparency in investor-State arbitration (the “Rules on Transparency”), ratifying the work done by delegations to UNCITRAL – comprised of 55 Member States, additional observer States and observer organizations – over the course of nearly three years of negotiations.
Under previous versions of the UNCITRAL Arbitration Rules, disputes between investors and States were often not made public, even where important public policies were involved or illegal or corrupt business practices were uncovered. In contrast, the new rules, which will officially come …
August 28, 2014: Constitutional Passivity, Bruce Ledewitz
August 28, 2014: Constitutional Passivity, Bruce Ledewitz
Hallowed Secularism
Blog post, “Constitutional Passivity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook
School of Information Sciences Faculty Research Publications
This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The CSCO …
July 17, 2014: A Good Letter On Discrimination, Bruce Ledewitz
July 17, 2014: A Good Letter On Discrimination, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Good Letter on Discrimination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 10, 2014: The Basic Orientation Of Secular Society To Religious Exemptions, Bruce Ledewitz
July 10, 2014: The Basic Orientation Of Secular Society To Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Basic Orientation of Secular Society to Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 4, 2014: Hobby Lobby, Next Stop, Bruce Ledewitz
July 4, 2014: Hobby Lobby, Next Stop, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Hobby Lobby, Next Stop“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.