Law Commons^™

The Invisible Circumstances Of Notice, Robin J. Effron

North Carolina Law Review

No abstract provided.

Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn

Faculty Scholarship

Most crises like those facing the National Forest System (NFS) have complex origins. But few of them result from as vast or as tangled a range of causes as do those facing the NFS. Appropriations to fight the wildfires now consuming our forests and choking the West have steadily grown, far outpacing inflation for a generation now. Timber and other commodity production has remained at historic lows for as long. And biodiversity conservation measures cannot gain the acquiescence of different constituencies long enough to withstand the inevitable lawsuits or turnover in administrative personnel. If Congress originally expected that judicial oversight …

R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene

Articles, Book Chapters, & Popular Press

This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …

The Supreme Court's Reticent Qualified Immunity Retreat, Katherine Mims Crocker

Faculty Publications

The recent outcry against qualified immunity, a doctrine that disallows damages actions against government officials for a wide swath of constitutional claims, has been deafening. But when the Supreme Court in November 2020 and February 2021 invalidated grants of qualified immunity based on reasoning at the heart of the doctrine for the first time since John Roberts became Chief Justice, the response was muted. With initial evaluations and competing understandings coming from legal commentators in the months since, this Essay explores what these cases appear to say about qualified immunity for today and tomorrow.

The Essay traces idealistic, pessimistic, and …

Is Poker Legal Or Illegal In California?, James M. Fischer

UNLV Gaming Law Journal

A number of online poker sites state that poker is not illegal in California because California law no longer criminalizes the playing of poker. Some of that information is accurate, and the conclusion reached may be accurate, but not for the reasons stated. California has a complicated history with poker. Recent changes in how the state treats poker may have created the impression that playing poker is not illegal in California, but that is, at best, a qualified legal position. This article examines this question by looking at past and present approaches that California has used to control the game …

Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

With the rise of treaty-based investor-state dispute settlement (“ISDS”) which has taken place over the last two decades, a number of governments have adopted varying approaches to avoid those arbitration cases. Countries including Bosnia and Herzegovina, Colombia, Mexico, Mongolia, and Peru have pursued such initiatives, often with the support of intergovernmental organizations such as the United Nations Convention on Trade and Development (“UNCTAD”) and the World Bank.

In the context of discussions on ISDS reform taking place at the United Nations Commission on International Trade Law (“UNCITRAL”), some states have identified development and implementation of such ISDS-avoidance strategies and tools …

Fixing The Business Of Food: Aligning Food Company Practices With The Sdgs, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab, Barilla Center For Food And Nutrition

Columbia Center on Sustainable Investment Staff Publications

The food sector confronts significant sustainable development challenges. It both contributes to, and suffers from, environmental degradation, especially human-induced climate change and deforestation. Although it can provide farming communities with livelihoods and incomes, it also can fuel land grabs that undermine community rights and wellbeing. The sector feeds the growing global population, but also contributes to the epidemics of obesity and metabolic diseases, while chronic malnutrition has continued to worsen in the years since adoption of the Sustainable Development Goals (SDGs).

In light of these challenges and opportunities, a number of frameworks, guidance documents, and standards have aimed to create …

Getting From Ideas To Reality: Building Political Support To Translate Good Ideas Into Actual Practice, Columbia Center On Sustainable Investment, Leila Kazemi

Columbia Center on Sustainable Investment Staff Publications

Land-based investment in agriculture, forestry, renewable energy, mining, and other natural resources can contribute to sustainable development, but positive outcomes are neither inevitable nor easy to achieve. Responsible land-based investment (RLBI) requires good governance (through laws and policies) as well as good practice. This document focuses on how government officials can improve the governance and practice of RLBI by building stronger political support.

Government officials confront complicated political realities on a daily basis. In many places, obstacles to RLBI are not due to a lack of technical expertise or resources, but rather are linked to low levels of commitment from …

The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen

Articles

In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …

Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas

Articles

Coronavirus tore through jails and prisons like wildfire. In some states, more than half of the people incarcerated there tested positive for COVID-19; nearly 400,000 people in prison across the United States have tested positive. For people in prison, COVID-19 brought the loss of close friends, solitary confinement, loss of connection with family and programming, lack of information, and fear of contracting the virus. It has also reminded those who are incarcerated of the one-dimensional way in which people in prison are perceived. As stated by one collaborator, Cory Souders, "[s]o many men and women who come to prison are …

Taxation And Business: The Human Rights Dimension Of Corporate Tax Practices, Reuven S. Avi-Yonah

Book Chapters

The response of both developed and developing countries to global developments has been first, to shift the tax burden from (mobile) capital to (less mobile) labour, and second, when further increased taxation of labour becomes politically and economically difficult, to cut government services. Thus, globalization and tax competition lead to a fiscal crisis for countries that wish to continue to provide those government services to their citizens, at the same time that demographic factors and increased income inequality, job insecurity and income volatility that result from globalization render such services more necessary. This chapter argues that if government service programs …

Tech Platforms Are Essential Facilities, Joshua Nelson

Nevada Law Journal

No abstract provided.

Who's Checking? A Proposal To Protect Employee Health Screening Data, Andrew Schuman

Hofstra Labor & Employment Law Journal

No abstract provided.

Book Review Of Disability Visibility: First-Person Stories From The Twenty-First Century, Victoria M. Rodríguez-Roldán

Journal of Legal Education

No abstract provided.

Funding Access To Arbitration: Possibility Of Third Party Funding For International Commercial Arbitration In Thailand, Montira Achavanuntakul

Maurer Theses and Dissertations

With the growth of cross-border commercial transactions in an increasingly connected world, the use of international commercial arbitration is on the rise. Considering the cost and complexity of international arbitration proceedings and the growing demands on parties to manage the potentially high costs and risks associated with arbitration, a new emerging third party funding (TPF) mechanism has proved to be a practical solution for dealing with such concerns. Essentially, TPF not only provides claimants with financial support in order to gain access to arbitration, but also opens up commercial options for parties to mitigate risks, control the financial exposure associated …

"Say The Magic Words": How Sovereign Immunity Absolves The Federal Government From Its Obligations Under The Fair Credit Reporting Act, George Dylan Boan

North Carolina Law Review

No abstract provided.

Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang

Dissertations & Theses

This dissertation introduces the U.S. and China’s environmental governance evolution, the background of their private enforcement provisions, including each country’s environmental legislative, administrative, and judicial development before establishing private enforcement. After the introduction, the second section examines the U.S. environmental citizen suits’ origin, environmental movements during the 1960s and 1970s, and pioneer ENGOs’ legal experiences. Statutory provisions are reviewed in various aspects in order to fully present this significant U.S. private enforcement measure. The third section analyzes the trajectory of Chinese ENGO EPIL development, including the provisions and typical actions according to several scattered provisions. Section four compares the theoretical …

Impact Of National And Municipal Environmental Standards On The Development Of Effective Solid Waste Management Systems In Jeddah, Kingdom Of Saudi Arabia, Raed Bin Sadan

Dissertations & Theses

The following research paper analyzes the impact of national and municipal environmental standards on the development of effective Solid waste management systems in Jeddah, Kingdom of Saudi Arabia. The research is essential in ensuring that there are notable positive changes in the disposal of solid waste by both the local government and the national government of the Kingdom of Saudi Arabia. The following paper follows a strategic plan and procedure in ensuring achievement of the goal and purpose of the research. The approach used in this paper is a comparison of the current local system and a proposed improvement of …

Transnational Corporations & International Human Rights Disputes: Alternatives To Litigation, Silva, Jacquelyn

Santa Clara Law Review

Individuals working for transnational corporations face immense challenges in securing their fundamental rights and receiving remedy for corporate abuses. Inversely, transnational corporations face various risks against their social responsibility when they prioritize their operations and profits. Current international law efforts have been assessing ways in which to impose human rights obligations on companies more directly. Any such imposition of human rights protections advances the necessity of considering the mechanisms available to resolve such disputes, especially given that litigation in international “courts” is not available for this purpose. Until an international forum is established, challenges remain in confronting human rights disputes …

Finding New Classroom Tricks In A Virtual Teaching World: One ‘Old Dog’S’ Tale, Daniel Keating

Journal of Legal Education

No abstract provided.

Disabled Perspectives On Legal Education: Reckoning And Reform, Lilith Siegel, Karen Tani

Journal of Legal Education

No abstract provided.

The Sisyphean Struggle For Secure Employment, James Fetter

Journal of Legal Education

No abstract provided.

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

Journal of Legal Education

No abstract provided.

Am I Disabled? Disability Identity And Law Faculty, Katie Eyer

Journal of Legal Education

No abstract provided.

Book Review Of How To Do Things With Legal Doctrine, Laura E. Little

Journal of Legal Education

No abstract provided.

Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora

Journal Articles

This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …

Upcoming Law Alumni Association Fall Events September 2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Foreword, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.

A Humanitarian Exception: The International Legal Justification For U.S. Military Action Against The Syrian Regime, Nordin, Vincent

Santa Clara Law Review

The United Nations Charter provides that countries are prohibited from the use of force except when done in self-defense or when authorized by the United Nations Security Council. Although the United States’ airstrikes against Syria in 2017 and 2018 did not fit into either of those two exceptions, the airstrikes were legal under international law due to an exception for humanitarian intervention. The question of whether customary international law recognizes such an exception is far from settled. Most scholars of international law believe that humanitarian intervention is not a part of customary international law, while a minority hold the opposite …