Law Commons^™

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

Copyright, Fair Use, Scholarly Communication, etc.

Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine …

About Those Constitutional Norms, Mr. Attorney General, Deborah Pearlstein

Online Publications

Among the many jaw-dropping moments in Attorney General Bill Barr’s address to the Federalist Society last Friday was the assertion that he had been unable to glean from his “friends on the other side” any clear answer as to what constitutional norms President Donald Trump was really breaching.

Boilerplate And Party Intent, Gregory Klass

Law and Contemporary Problems

No abstract provided.

Crisis Construction In Contract Boilerplate, Emily Strauss

Law and Contemporary Problems

No abstract provided.

How Can Congress Prevent The Issuance Of Poor Quality Patents? Questions For The Record For Colleen V. Chien, Colleen V. Chien

Faculty Publications

This is a submission of responses by Prof. Colleen Chien to questions for the record posed by Sen. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) at a October 30th hearing of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, entitled, "Promoting the Useful Arts: How can Congress prevent the issuance of poor quality patents?"

New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Butterfly Effect In Boilerplate Contract Interpretation, John F. Coyle

Law and Contemporary Problems

No abstract provided.

Risk-Averse Contract Interpretation, Aditi Bagchi

Law and Contemporary Problems

No abstract provided.

The Unpredictability Of Insurance Interpretation, Michelle E. Boardman

Law and Contemporary Problems

No abstract provided.

The Butterfly Effect In Interpreting Insurance Policies, Christopher C. French

Law and Contemporary Problems

No abstract provided.

Boilerplate No Contest Clauses, David Horton, Reid Kress Weisbord

Law and Contemporary Problems

No abstract provided.

Consumertarian Default Rules, Lior Jacob Strahilevitz, Jamie Luguri

Law and Contemporary Problems

No abstract provided.

Law, Lawyers, And Self-Governance During The Heyday Of The London Stock Exchange, W. Mark C. Weidemaier

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Script, Bruning Lecture University Of Nebraska College Of Law, Bob Kerrey

Nebraska Law Bulletin (Selected Issues)

Transcript of the address given by former United States Senator and former Nebraska Governor Bob Kerrey during the Attorney General Jon Bruning Public Service Lecture Series presented on October 17, 2019 at the University of Nebraska College of Law. Senator Kerrey is sharing the original Lecture script with the Nebraska Law Review Bulletin so that law students and members of the public alike may be inspired by the lessons we may take from his observations of the important ways the law influences our society.

Masthead

The University of New Hampshire Law Review

No abstract provided.

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough

Senior Honors Theses

The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected, the Aguillard …

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Cougar Canyon Loan, Llc, Appellee, V. The Cypress Fund, Llc, Cypress Management, Llc, Olympus Capital Alliance, Llc, Cypress Capital Iii, Llc, Robert N. Baxter, And Blair M. Walker, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 130907106

Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court's Establishment Clause jurisprudence is all over the place. The current justices have widely divergent views on the Establishment Clause's meaning, and the Lemon test has been widely panned by several justices. Originalist judges, however, have had a fairly consistent approach to interpreting the Establishment Clause. This largely stems from their reliance on history. This Note argues that their use of history in analyzing the Establishment Clause is flawed. Originalist Establishment Clause jurisprudence has been and is criticized for being unprincipled. And those criticisms are correct. Originalists encounter such criticism because the justices struggle to reconcile historical practice …

Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz

New England Journal of Public Policy

According to the UN Refugee Agency, as of 2018 approximately 70 million people were forcibly displaced because of intrastate and interstate conflicts. A majority of those people endured significant hardships, and a consensus is growing among researchers that forcibly displaced people have gone through potentially traumatic experiences that challenge their well-being and health. Consequently, a large amount of research focuses on their mental health concerns, whereas research focusing on their will to normalize their lives and grow after a traumatic migration is scarce. In this article, we highlight the efforts by forcibly displaced people to normalize their lives, pointing out …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

Foreword, James Holmes

New England Journal of Public Policy

The International Communities Organisation (ICO) is a self-determination research and innovation center and a not-for-profit organization based in London. Guided by its vision of self-determination and the values of development and human rights, ICO aims to empower communities. It strives to foster an environment where organizations within these communities can overcome the barriers they face, allowing them to fulfill their potential and develop and create positive change for their local communities through local action, collaboration, and decision making.

To enhance our vision and our credibility as an international organization that works for peoples, we organized the February 2019 London conference …

The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman

New England Journal of Public Policy

Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.

The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers

New England Journal of Public Policy

This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.

The Dartmouth College Case And The Founding Of Historically Black Colleges, Kate Stith, Claire Blumenthal

The University of New Hampshire Law Review

No abstract provided.