Law Commons^™

Responsible Investing: Access Denied, Keith Macmaster

LLM Theses

Retail investors are increasingly demanding responsible investments. Retail investors also require the services of an advisor. Many responsible funds may not be responsible. This is due to many factors, including incomplete disclosures, and lack of financialization of risks. The thesis shows that traditional mutual funds, while structurally able to provide responsible investments, have not provided responsible holdings to mass affluent clientele. Institutional investors, and wealthy retail investors, have options to avail themselves of responsible investments; mass affluent investors have less choice to invest responsibly. The thesis recommends enhanced material disclosures and financial valuation models to better identify responsible investments. Advisors …

Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper

LLM Theses

This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.

Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017, Deepali

LLM Theses

The establishment of the United Nations Treaty System was the fundamental step for the protection and enforcement of women’s rights. The system is designed to monitor the human rights standards in countries that have ratified the treaties, called state parties. However, the system is facing several challenges that have compromised its effective working for the protection and enforcement of women’s rights. The thesis seeks to explain the challenges to the effective working of the system, that is, why the system does not work as designed in protecting women’s rights against three specific issues: domestic violence, sexual trafficking, and reproductive rights. …

The Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti

LLM Theses

Transnational contracts are almost inevitable in the world today. It follows that a system of law must govern the resolution of disputes that arise from the contracts. The freedom of parties to choose a law that regulates transnational contracts is recognized by most countries as party autonomy. However, the extent of this autonomy has been controversial. This thesis unravels the controversy surrounding the doctrine of party autonomy and, more importantly, provides another perspective to the argument – that the application and scope of party autonomy in countries is determined by historical, colonial, economic, and religious factors. It uses this as …

Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd

LLM Theses

The United Kingdom Insurance Act 2015 entered into force on 12 August 2016. It introduced major changes to some provisions of the Marine Insurance Act 1906 which has been the principal model for establishing marine insurance law and practice not only in common law jurisdictions, but also in some civil law countries. The main areas of change are the duty of fair presentation, warranties, insurer’s remedies for fraudulent claims and damages for the late payment of claims. This thesis investigates how uniformity in international marine insurance law can be promoted by virtue of the new changes in English law and …

Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe

LLM Theses

The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …

The Legal Monopoly, Renee Newman Knake

Washington Law Review

Lawyers enjoy an exclusive monopoly over their craft, one unlike any other profession or industry. They bar all others from offering legal representation. In most jurisdictions, lawyer-judges draft, enact, and enforce their own professional conduct rules as well as preside over any legal challenge to the rules’ validity. Lawyer regulation purports to protect the public and preserve professionalism, but it also reduces competition, constrains information, and maintains artificially high prices. Consequently, much of the American public goes without help when a lawyer is needed. Federal antitrust law typically steps in to remedy this sort of pervasive market control, promoting competition …

Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler

Cardozo International & Comparative Law Review

The article challenges the prevailing view that Israeli settlements in Judea, Samaria, and Jerusalem are illegal under international law. It argues that the right of Jews to settle in these areas is rooted in the League of Nations Mandate for Palestine and reaffirmed by Article 80 of the UN Charter, which protects existing rights under international instruments. The analysis contests the validity of UN Security Council Resolution 2334 and asserts that neither the Geneva Convention nor customary international law prohibits Israeli settlements in these territories.

Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku

Cardozo International & Comparative Law Review

The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.

Farewell To The Felonry, Alice Ristroph

Faculty Scholarship

No abstract provided.

Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, Chad Flanders

All Faculty Scholarship

Are universities schools? The question seems almost silly to ask: o f course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of ₀₄ free speech on campus" have raised the improbable specter that universities are less educational institutions than they are public forums like parks and sidewalks, where a free-wheeling exchange o f ideas and opinions takes place, unrestricted by any sense of academic mission or school disciplinc.¹ Some of this rhetoric is of course exaggerated, and …

Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton

San Diego Law Review

High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters grown from …

In Consumer Protection We Trust? Re-Thinking The Legal Framework For Country Of Origin Cases, Shmuel I. Becher, Jessica C. Lai

San Diego Law Review

Markets are becoming more complicated in an ever faster changing world. New findings pertaining to human behavior and consumer markets constantly challenge traditional legal and policy assumptions. Social science offers a myriad of insights into the ways trust, identity, ideology, and preferences interact and impact one another. Against this background, the need to advance a nuanced legal framework is increasingly vital.

Consumer law policy requires an interdisciplinary and holistic approach. Recent scholarship has acknowledged this need, proposing novel ways to enrich the academic discourse and develop consumer law policy. Along these lines, a growing body of literature examines how notions …

"Know Everything That Can Be Known About Everybody": The Birth Of The Credit Report, Jonathan Weinberg

Villanova Law Review (1956 - )

No abstract provided.

Class Of 2021 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2021

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review (2017-Present)

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …

Of Counsel, Volume 20 | Fall 2018, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Case Global: Faculty And Students Provide Vital Assistance To Un's Investigation Of Syrian Atrocities, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 10, No. 1 (2018)

• Welcome (Dean Scharf)
• Faculty and students provide vital assistance to UN's investigation of Syrian atrocities
• Special Report: Case Western Reserve’s Contributions to International Prosecutions
• A Nobel Nomination
• Playing a Part in the Trial of the Century
• Taking on the Terrorists 9/11 (Special Report)
• Cambodia & Lebanon (Special Report)
• Combating Maritime Privacy (Special Report)
• Case Grads Employed at International Tribunals
• Former Prosecutor Teaches Law Students to Go After International Injustices
• CWRU’s Immigration Law Program leads to Exciting Career Opportunities…
• It Started with a Cox Center-Funded Internship
• Q&A with Aleksandar Cuic, Immigration Clinic Professor
• Human Rights Clinic …

From The Editors, Camille A. Nelson, Anthony E. Varona

Journal of Legal Education

No abstract provided.

Globalizing The Law Curriculum For Twenty-First-Century Lawyering, Rosa Kim

Journal of Legal Education

No abstract provided.

The Law Library Of Congress: A Global Resource For Legal Education, Andrew Winston, Peter Roudik, Barbara Bavis, Donna Sokol

Journal of Legal Education

No abstract provided.

Comparative Research In Contemporary African Legal Studies, Charles Manga Fombad

Journal of Legal Education

No abstract provided.

Book Review Of The Global Evolution Of Clinical Legal Education: More Than A Method, By Richard J. Wilson, Richard A. Boswell

Journal of Legal Education

No abstract provided.

Backstop, Not Bailout: The Case For Preserving The Orderly Liquidation Authority Under Dodd-Frank, Mark R. Maciuch

Brooklyn Journal of Corporate, Financial & Commercial Law

The Trump Administration and Republicans have initiated efforts to repeal certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), one of which is the Orderly Liquidation Authority (OLA) under Title II of Dodd-Frank. Critics of the OLA argue that it enables, rather than prevents, future bailouts funded by taxpayers. These critics are concerned with the Federal Deposit Insurance Corporation’s (FDIC) discretion to decide when and how to resolve distressed financial firms, as well as the FDIC’s access to large amounts of funds from the U.S. Department of the Treasury to carry out these functions. Proponents of …

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies hosting the pages …

Post-Accountability Accountability, Nicole Stelle Garnett

University of Michigan Journal of Law Reform

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The questions of …

Enforcing Town Councils’ Duties Of Financial Prudence: Problems Addressed By The Town Councils (Amendment) Act 2017, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

This article discusses the means by which a TownCouncil’s statutory duties, particularly its duties of financial prudence, maybe enforced. It studies the law as it was prior to 2017 and reveals variousconceptual and practical problems, the result of which was that it was possiblefor a Town Council to fail to perform its statutory duties and face onlyminimal consequences. This article willprovide a background to some of the new statutory procedures introduced in the2017 amendments to the Town Councils Act, which solve the problems from whichthe previous law suffered. It is hoped that this will shed light on the historyof the …

Hindsight Bias In Antitrust Law, Christopher R. Leslie

Vanderbilt Law Review

The modern field of study into hindsight bias was launched by Baruch Fischhoff. Fischhoff provided his research subjects with a primer on the 1810s conflict between British forces and Nepalese Gurkhas near Northern India. He suggested four possible outcomes: British victory, Gurkha victory, a peace settlement, and a military stalemate with no peace settlement. The subjects were then divided into five groups. One group was given no information about the ultimate outcome of the conflict. Subjects in each of the remaining four groups were told that one of the four outcomes had, in fact, occurred. The subjects were then asked …

The Jim Crow Jury, Thomas W. Frampton

Vanderbilt Law Review

Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting "the Jim Crow jury" actively fought, both inside and outside the courtroom, efforts to deny black citizens equal representation on criminal juries. Recovering this forgotten history-a counterpart to the legal struggles against disenfranchisement and de jure segregationunderscores the centrality of the jury to politics and power in the post- Reconstruction era. It also helps explain Louisiana's …