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2021

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Full-Text Articles in Law

Politicizing Impartiality: Redefining The Role Of The Senate In Federal Judicial Selection, Adam Harness, Melissa Harness Dec 2021

Politicizing Impartiality: Redefining The Role Of The Senate In Federal Judicial Selection, Adam Harness, Melissa Harness

Lincoln Memorial University Law Review Archive

The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, many in geographical areas with extremely high caseloads. Thus, the federal courts are falling further behind every year in settling disputes. The Senate’s action with President Obama’s nominee to the Supreme Court after the death of Justice Antonin Scalia has only escalated the dysfunction of the judicial selection process. Coupled with the fallout surrounding the death of Justice Ginsburg and Senator McConnell’s complete refusal to honor the precedent set by him in 2016, it has become glaringly apparent that the confirmation process conducted by the Senate needs to …


Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez Oct 2021

Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

This article analyses the legal, market and institutional features needed to become an international hub for debt restructuring. For that purpose, it explores the strategy followed by Singapore, as well as the market and institutional factors generally found in other leading centres for legal and financial services such as the United States, the United Kingdom and Hong Kong. In jurisdictions traditionally having creditor-oriented insolvency systems, such as the United Kingdom, Hong Kong and Singapore, one of the primary challenges for the improvement of the restructuring framework for debtors consists of making sure that the insolvency system remains protective of the …


Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak Sep 2021

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.


Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden Jun 2021

Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr. May 2021

The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr.

University of Miami Inter-American Law Review

No abstract provided.


17th Annual Diversity Symposium 04-08-2021, Roger Williams University School Of Law Apr 2021

17th Annual Diversity Symposium 04-08-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.


Law School News: Making A Difference Together 03-15-2021, Michael M. Bowden Mar 2021

Law School News: Making A Difference Together 03-15-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden Mar 2021

Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law Mar 2021

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law Mar 2021

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom Feb 2021

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

The Journal of Appellate Practice and Process

No abstract provided.


The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack Feb 2021

The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack

The Journal of Appellate Practice and Process

No abstract provided.


The Arbitration System In Dealing With Urgent Requests, Musaed Alenzi Feb 2021

The Arbitration System In Dealing With Urgent Requests, Musaed Alenzi

UAEU Law Journal

Since the appearance of the arbitration system and its advantages, the state's monopoly of judiciary has retreated and the state ceded part of its general authority by allowing individuals and private entities to solve some of their disputes through ways they have consented to follow.

However, the state has still had urgent judiciary - beside the substantive judiciary – which guarantees quick and temporary solutions when imminent risk threatens their interests. As a result, the inquiry can be raised as whether the arbitrary judiciary has jurisdiction over disputes concerning imminent risks or not. After reviewing articles No. 173 – 188 …


Arbitration In Disputes Between Traders In The Jordanian National Capital Market, Murad Mahmoud Almawajdeh Feb 2021

Arbitration In Disputes Between Traders In The Jordanian National Capital Market, Murad Mahmoud Almawajdeh

UAEU Law Journal

The Jordanian legislator has adopted voluntary arbitration system as an alternative means for the state judiciary to resolve the disputes between the traders in the national capital market of Jordan. Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: arbitration is often faster than litigation in court, it can be cheaper and more flexible for businesses, and arbitral proceedings are generally non-public and can be made confidential.

So, we discussed in this research the legal provisions for arbitration in light of rules and regulations of the Amman Stock Exchange …


The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin Jan 2021

The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy Thomas Jan 2021

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy Thomas

Con Law Center Articles and Publications

A key question for legal scholars and political scientists is whether women jurists judge differently than men. Some studies have suggested that women judges are more likely to support plaintiffs in sexual harassment, employment, and immigration cases. Other studies conclude that women are more likely to vote liberally in death penalty and obscenity cases, and more likely to convince their male colleagues to join a liberal opinion. Yet other studies have found little evidence that women judge differently from men.

This article explores the jurisprudence of the first woman judge, Judge Florence Allen, to test these claims of gender difference …


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Litigation As Education: The Role Of Public Health To Prevent Weaponizing Second Amendment Rights, Michael Ulrich Jan 2021

Litigation As Education: The Role Of Public Health To Prevent Weaponizing Second Amendment Rights, Michael Ulrich

Faculty Scholarship

Tobacco litigation was unquestionably successful, but it is dangerous to expect that it can be easily duplicated. An unrealistic reliance on litigation as a regulatory measure can blind public health advocates to other mechanisms of change. And that includes litigation as a means of enabling actual regulation. Firearms and the gun violence epidemic provides a useful case study. The Protection of Lawful Commerce in Arms Act (PLCAA) essentially bars litigation as a regulatory tool for firearms. This legislation means every time someone pulls the trigger, they become the party to blame. Soto v. Bushmaster Firearms presents a rare exception based …


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar Jan 2021

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.


Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar Jan 2021

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …