Law Commons^™

Conservation Law Center Receives Grants For Internships, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Disqualifying Qualified Immunity, Nicholas Mcgill Hudnell

Et Cetera

The relationship between municipal responsibility and municipal liability in civil suits concerning local police officer misconduct is flawed. Cities have almost unlimited control over their police departments but lack almost any control over the civil litigation of their officers, aside from city attorneys representing them. In police misconduct cases, city attorneys representing police officers are required to invoke any available affirmative defenses, either common law or statutory, regardless of the moral convictions of the city attorneys, city legislators, or local citizens. To bridge the logical gap between municipal responsibility and the lack of municipal control over police misconduct litigation, this …

Will Other States Adopt California’S Ab 51 After Its Validation By The Ninth Circuit?, Henry Gluck

Cardozo Journal of Conflict Resolution (CJCR) Blog

Roughly sixty million Americans have relinquished their right to litigate any work-related claims against their employers. This is due to employers including arbitration clauses in employment contracts—a condition of employment that has led to a mass waiver of this constitutionally granted right. The pretext for this phenomenon is that arbitration is cheaper and more efficient than litigation. But in fact, arbitration works to limit employers’ legal exposure and litigation costs, and helps keep incidents of workplace abuse unexposed. Employees are less likely to be awarded damages in arbitration, and the awards are usually smaller. Employees who are governed by forced …

The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke

Journal Articles

In Rethinking Police Expertise, Anna Lvovsky exposes how litigators leverage judicial understandings of police expertise against the government. The article is rich not only with descriptive insights, but also with normative potential. By rigorously analyzing the relationship between expertise and authority in specific cases, Professor Lvovsky offers guidance as to how judges and lawyers should factor a police officer’s expertise into an assessment of whether the officer’s conduct is lawful. This Response argues, however, that Rethinking Police Expertise’s normative potential is weakened by the sharp conceptual distinction it draws between judicial understandings of expertise as a “professional virtue” (which it …

Judicial Populism, Anya Bernstein, Glen Staszewski

Journal Articles

Populism has taken center stage in discussions of contemporary politics. This Article details a judicial populism that resonates with political populism’s tropes, mirrors its traits, and enables its practices. Like political populism, judicial populism insists there are clear, correct answers to complex, debatable problems, treating reasonable disagreement as illegitimate. It disparages the institutions that mediate divergent interests in a republican democracy, claiming special access to the law’s clear objective meaning. And it imagines a pure, unified people locked in battle with a subversive elite.

While commentators have recognized political populism as fundamentally undemocratic, judicial populism has largely escaped recognition and …

The Dao In China’S Growing Presence In The South Pacific, Yulian Maulida Khasanah, Mohamad Rosyidin, Marten Hanura

Global: Jurnal Politik Internasional

The rise of China as one of the great powers in the international politic has been the hottest topic in the 21st century. Following the economic reform led by Deng Xiaoping in 1978, China re-emerges stronger than ever with its influences covering major parts of the world. One region particularly stands out since the prior dominance of United States therein, the South Pacific. The study of this research will be limited to 10 PICs recognising China, Vanuatu, Cook Island, FSM, Fiji, Niuee, PNG, Samoa, Tonga, Solomon Islands and Kiribati. Under the Western International Relations Theory (IRT) however, the rise of …

The Roles Of Who In Handling Yemen Humanitarian Crisis During The Covid-19 Pandemic, Ghita Fadhila Andrini

Global: Jurnal Politik Internasional

Yemen is noted to have the worst humanitarian crisis in the world. This condition is due to the civil war for the past six years, exacerbated by the COVID-19 pandemic, which emerged as a health security threat. This research aims to analyse the WHO’s role in responding health crisis in Yemen. By using qualitative methods and literature review approach, this article uses Atlas.ti to collect data regarding WHO’s activity in Yemen throughout the pandemic analysed by the international organisation’s role concept according to Clive Archer. The health security concept is also used to explain the health situation in Yemen during …

Transnational Corporations And Human Rights, Muhammed Hamid Muhammed

Global: Jurnal Politik Internasional

International trade has introduced many features in its classical or contemporary practice wherein peoples respectfully exchanged goods and ideas. Unfortunately, the legacy of large multinational corporations, concerning human rights, has generally been dismal. It is recognised that states are the primary bearers of responsibility to respect, protect, fulfill, and promote human rights and freedoms. Current developments in the field of international human rights law, however, designated transnational corporations (hereafter TNCs), organisations, and individuals in a diagonal and/or horizontal responsibility on the respect and protection of human rights. The need to make these non-state actors, especially TNCs, responsible under international law …

Cognitive Dissonance Undercuts Deterrence In The C-Suite: Why Otherwise Ethical Fda-Dependent Managers Keep Falling Down The Rabbit Hole Of 10(B) Class Action Litigation, Edwin Adlam Herod

Seton Hall Law Review

No abstract provided.

States, Preemption, And Patented Drug Prices, Rebecca E. Wolitz

Seton Hall Law Review

No abstract provided.

Repairing Medical Equipment In Times Of Pandemic, Ofer Tur-Sinai, Leah Chan Grinvald

Seton Hall Law Review

No abstract provided.

Emergency Electronic Savings Accounts In A Post-Covid World, Jack Wroldsen

Seton Hall Law Review

No abstract provided.

Covid Research Inequalities: Highlighting The Need For Increased Minority Participation In Clinical Trials, Olivia C. Perlstein

Seton Hall Law Review

No abstract provided.

Got A Secret Can You Keep It? How The Hipaa Privacy Rule Breaches Plan Dependent Confidentiality, Jessica I. Kriegsfeld

Seton Hall Law Review

No abstract provided.

The Prevalence Of Adverse Childhood Experiences (Aces) And The Need For Effective Reentry Programming Calls For The Implementation Of An Aces Approach To Adult Offender Reentry Efforts, Michelle J. Kostyack

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 52, No. 2 2021

Seton Hall Law Review

No abstract provided.

Asean Way: Managing Expectation In The Code Of Conduct For The South China Sea, Naifa Rizani Lardo

Global: Jurnal Politik Internasional

Pessimistic perspectives on the ASEAN Way process frequently undermine the role of the Association of Southeast Asian Nations (ASEAN) in resolving the South China Sea (SCS) dispute. These justifications are addressed through the notion of power balance, which undermines the norm institutionalism framework that underlines the ASEAN Way’s foundation. This droves various conversations on ASEAN capabilities ahead of the ASEAN Way principle throughout the Code of Conduct for the South China Sea (COC for SCS) process, which questioned its expectations as a regional security body. This article offers insight on ASEAN’s regional security role in the SCS dispute peace process, …

Muslim Community In The Atmosphere Of Populism In Norway, Gilang Mahadika

Global: Jurnal Politik Internasional

In the European nations, there has been a lot of discussions and arguments regarding the community who have a ‘migration background’. Migrants nowadays are more capable of competing against local residents in terms of looking for better employment and participating in the political activities in European countries. Consequently, it creates fear within ‘mainstream’ society since it is presumably able to threaten their way of life. This interesting moment can benefit the populist political parties for gaining voices from the majority population. But, in the aftermath of 22/7 terror attacks in Norway, it also created tension between locals and those who …

Tjlp (2012) Volume 8 Special Edition Issue

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (2013) Volume 9 Issue 3

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (2013) Volume 9 Issue 2

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (2014) Volume 9 Special Issue

Tennessee Journal of Law and Policy

No abstract provided.

Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda

Archived Theses and Dissertations

Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …

Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande

Faculty Blogs

This post describes Debra Berman’s use of materials from actual cases for simulations in her negotiation and mediation courses. She provides litigation documents, including the complaint, motions, and other documents such as discovery requests, disclosures, and scheduling orders as well as a short settlement memo that she drafts. She observed dramatic improvements in her students’ performance. They were excited to work with real cases and were more prepared.

Infrastructure Investment And Jobs Act, Onu Institute For Civics And Public Policy, Caleb Clayton

Critical Questions

On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act into law, ending a protracted bipartisan battle, ultimately resulting in a compromise between parties. The $1.2 trillion bill serves as the first major project of President Joe Biden’s “Build Back Better” plan. Although it has not received much attention from most citizens, it will have far-reaching effects for many years to come.

The Dope On Marijuana Consumption And Impaired Driving, Samuel D. Hodge, Jr., Lauren Williams

Cleveland State Law Review

Marijuana is the most frequently used psychotropic drug in the United States, following alcohol consumption. Its use is becoming socially acceptable as more and more states legalize recreational consumption. Nevertheless, marijuana is still a drug, and individuals must understand that it has adverse health effects and potential therapeutic benefits.

Marijuana can influence a user’s judgment and impair a person’s driving abilities. A significant problem with its consumption and driving is that there is no statistical link to show what level of marijuana in the blood causes impairment. Roadside tests for the appropriate blood alcohol content to show intoxication are well …

Week Of November 29, 2021 - December 3, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo FAME Center
• Cardozo Women Alumni Group

Garland V. Gonzalez: Brief For Amici Curiae Law Professors In Support Of Respondents, Leah Litman

Appellate Briefs

Amici are a group of philosophically diverse law school professors who offer a unique perspective about federal courts’ equitable powers and principles of statutory interpretation. Together, amici share an interest in ensuring that federal law be construed in accordance with its text and longstanding background principles regarding review of executive action.<\p>

From our Nation’s Founding, federal courts have exercised broad equitable authority to issue injunctions prohibiting executive officials from acting beyond their lawfully conferred authority. This bedrock power to restrain ultra vires acts by the executive branch is a foundational tenet of the American legal system. This Court has long …

Greensky, Llc V. Wellness Program Services Llc Et Al., Order On Planitiff's Motion For Summary Judgment, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Mmu: 11/29/21–12/05/21, 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: Tony Imburgia

2Ls Taking Ls: Caleb Perez

Ask a 3L: Gordon McCormack