Law Commons^™

Doomed To Fail: Ag-Gag Laws And The Canadian Charter, Samantha Lynne Skinner

LLM Theses

In late 2019, ag-gag laws began being introduced in Canada. Ag-gag laws are named for their intended effect of gagging activists from exposing the realities of the animal agriculture industry. Animal activists seek to gather and publicly disseminate information using means of bearing witness, undercover investigations, and civil disobedience. Ag-gag laws originated in the US in the 1990s, but saw a revival in the 2010s. In the US, animal law organizations such as the Animal Legal Defense Fund have been successfully challenging the constitutionality of ag-gag laws, with courts in six states finding ag-gag laws to violate the First Amendment …

Silenced: How Forced Arbitration Keeps Victims Of Sexual Violence And Sexual Harassment In The Shadows, Myriam E. Gilles

Testimony

The House Judiciary Committee issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on Nov. 16, 2021, entitled "Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows."

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

Donor Profile: A Passion For Academic Excellence

DePaul Magazine

Bob and Carole Kopple discuss their establishment of the Kopple Scholars Endowment in DePaul's College of Law to attract the best students to DePaul and help sustain the college.

Week Of November 15, 2021 - November 19, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Criminal Law Society (CCLS)
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo Health Law Society
• Cardozo Labor and Employment Law Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Public Service Scholars Program
• Cardozo Startup Society
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Students for Sensible Drug Policy
• Cardozo Women's Law Initiative (WLI)
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• Women in Tech …

Coercive Control: Crucial Legal Changes And Police Training, Bailey Appel

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The disappearance of Gabby Petito in late August of 2021 received nationwide coverage, so much so that it led some to wonder why she was getting so much more attention than prior missing persons had. Almost a month after her family reported her missing, medical examiners revealed the grim result of her autopsy: strangulation. Petito’s fiancé, Brian Laundrie, became the prime suspect. Soon enough, stories behind their seemingly pictureperfect relationship shed light on what else may have been going on behind closed doors. One of Gabby’s friends reported that Brian was extremely jealous and at times controlling over her. She …

Vol. 61, No. 12 (November 15, 2021)

Indiana Law Annotated

No abstract provided.

Mmu: 11/15/21–11/21/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Rita Lake

2Ls Taking Ls: Janae Yip

Ask a 3L: Jess Wolfert

Redeeming The Lost Generation: The Scope Of The First Step Act And Compassionate Release In Revisiting Pre-Booker Sentencing, Kevin Milton

Seton Hall Law Review

No abstract provided.

Puppy Therapy, Cardozo Animal Legal Defense Fund, Cardozo Office Of Student Services & Advising

2021–2022 Flyers

No abstract provided.

Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique

PhD Dissertations

This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …

Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag

PhD Dissertations

Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …

Nyc’S Immunocompromised Children Forgotten As City’S Children Return To School, Hannah Kramer

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

New York City’s public schools reopened their doors in mid-September 2021, welcoming back many students to in-person learning for the first time since March 2020. For many teachers, students, and their families, the return to school signaled the return to pre-pandemic life. But some families were forced to choose between their children’s health and their education.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 15, 2021. The original post can be accessed via the Archived Link button above.

Introduction: New Directions, New Voices In Family Law In India, Sarasu Esther Thomas, Jeffrey A. Redding, Rachel Taylor

Articles

In July 2019, select family law scholars from around India and the world gathered at the National Law School of India University (NLSIU) in Bengaluru, India to participate in a conference on “New Directions, New Voices in Family Law in India” jointly sponsored by NLSIU, the University of Oxford – Faculty of Law, and Melbourne Law School. The papers and presenters were diverse and the conference conversations were enthusiastic. As a result of this conference, four quite different but interlinked papers were eventually selected for inclusion in this special issue of the Indian Law Review. These papers bring much needed …

A Pro-Competitive European Super League, Christopher Alexander

Cardozo International & Comparative Law Review (CICLR) Blog

In April 2021, twelve of Europe’s largest soccer clubs announced their intention to form the European Soccer League (ESL). The league would feature the most prestigious teams from three European domestic leagues, including Real Madrid, AC Milan, and Manchester United. Whereas domestic and the only current European-wide competitions relegate teams for poor sport performance, the ESL would allow its founding teams permanent access to the league and its revenues.

This post was originally published on the Cardozo International & Comparative Law Review website on November 15, 2021. The original post can be accessed via the Archived Link button above.

Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido

LLM Theses

Indigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate …

Ndls Communicator: Week Of 11.15.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Veterans Day 2021: Honoring our ND Law student veterans
• ND Law holds London conference to celebrate the work of Professor John Finnis
• Houston Chronicle publishes ND Law Religious Liberty Initiative editorial on Ramirez v. Collier
• Mark Telloyan named finalist for St Joseph County judge
• Jay Tidmarsh quoted in The Washington Times
• Supreme Court Preview: Carson v. Makin by Professor Nicole Garnett
• Gray Matters Podcast features Nicole Garnett
• Gerry Bradley writes book review for First Things
• Rick Garnett to speak on Last Rights at University of Chicago
• Diane Desierto participates in webinar at Gujarat Maritime University

Student News …

Admission Of Evidence In Title Ix Sexual Misconduct Hearings, Lynn M. Daggett

Seton Hall Law Review

No abstract provided.

The “Significant Social Policy Issue” Exception To The Business Judgment Rule, Brent J. Horton

Seton Hall Law Review

No abstract provided.

Defining Antisemitism, Mark Goldfeder

Seton Hall Law Review

No abstract provided.

Prosocial Fraud, Julia Y. Lee

Seton Hall Law Review

No abstract provided.

Too Hot To Handle: Scientific Evidence And The Abdication Of The Juliana Court, Emily Morgan

Seton Hall Law Review

No abstract provided.

A Flawed Assumption: Why The U.S. Court Of Appeals For Veterans Claims Should Abandon Its Presumption Against The Certification Of Class Actions, Matthew D. Handley

Seton Hall Law Review

No abstract provided.

Gender-Neutral Pronouns: They Are Here To Stay, Olivia Mendes

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 52, No. 1 2021

Seton Hall Law Review

No abstract provided.

Indikasi Predatory Pricing Pada Praktik Perang Harga Antara Pelaku Usaha Financial Technology (Fintech) Ditinjau Berdasarkan Hukum Persaingan Usaha Di Indonesia, Yohanna Ameilya Panjaitan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The rapid development of the digital world has opened wider networks for the formation of the global economy, which has also led to the emergence of various business transactions involving many financial technology-based financial companies (Fintech), which provide services similar to banking functions. Fintech is expected to drive the industrial revolution in the form of online digital technology, which is based on new technology that will change the entire production and management chain in each branch of industry. The Fintech company is growing rapidly and significantly in Indonesia, where the Fintech sub-sector is seen to flourish, namely lending and e-wallet …

Tinjauan Yuridis Peran Pt Kliring Penjaminan Efek Indonesia Sebagai Central Counter Party Untuk Transaksi Derivatif Suku Bunga Dan Nilai Tukar Over The Counter, Yofi Satriya Wijaya

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The role of the Central Counter Party (CCP) in financial transactions, especially in the derivatives market, is the concern and commitment of G20 member countries including Indonesia to be implemented due to the global crisis in 2008-2010. Derivatives have an important role as an alternative investment and funding as well as hedging for investors against the risk of changes in the price of financial assets that can’t be predicted so that puts investors in a loss position. However, derivatives can also have a negative impact if the implementation is done improperly so that it has an impact on financial stability …

Penanganan Dan Penyelesaian Unclaimed Assets Di Pasar Modal Indonesia, Yanu Suwandika Menoadji

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In other countries, the handling and settlement of Unclaimed Assets has been regulated separately in an Act. In Indonesia, the handling and settlement of Unclaimed Assets has been regulated in the Civil Code (KUHPerd), including the regulation regarding Afwezigheid, namely the handling of property of someone who has left his domicile and whose existence is unknown and does not give power to any party to take care of the treasure. However, the provisions in the KUHPerd do not have economic value for related parties if applied in the Capital Market industry. One of the things that takes precedence in handling …

Potensi Sumber Pembiayaan Alternatif Dalam Pembangunan Bandar Antariksa Indonesia, Yanita Thressia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia targeted to have fully operational space launch in 2040 to support research and development of satellite launch technology. Biak Island has been chosen as Indonesian’s first space launch after depth research done by National Institute of Aeronautics and Space as implementing agency in space affairs. State budget allocation of LAPAN couldn’t accommodate the space launch establishment cost. Indonesian need to find alternate resource of fund rather use of state budget. Public private partnership became an option of alternative financing that growing in space industries.

Keywords: space launch, public private partnership, infrastructure financing

Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The desire of the community so that corporations in Indonesia can be held liable today seems to have been granted with the imposition of crimes against several corporations in Indonesia. This was realized with the issuance of the Indonesian Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations that is said have filled the vacuum of Indonesian criminal procedure law, which had been said to be an inhibiting factor in corporate action by law enforcement officials. It is important to discuss what are the obstacles to the prosecution process of the corporation and whether …