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2022

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Articles 13051 - 13080 of 14807

Full-Text Articles in Law

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Jan 2022

Bridges Of Law, Ideology, And Commitment, Steven L. Winter

Touro Law Review

Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …

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Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White Jan 2022

Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White

Touro Law Review

Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …

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Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer Jan 2022

Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer

Touro Law Review

What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …

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Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson Jan 2022

Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson

Touro Law Review

The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …

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Simplifying Choice-Of-Law Interest Analysis, Luke Meier Jan 2022

Simplifying Choice-Of-Law Interest Analysis, Luke Meier

Oklahoma Law Review

No abstract provided.

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Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason Jan 2022

Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason

Oklahoma Law Review

No abstract provided.

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Tiktok, Wechat, And National Security: Toward A U.S. Data Privacy Framework, Robert L. Rembert Jan 2022

Tiktok, Wechat, And National Security: Toward A U.S. Data Privacy Framework, Robert L. Rembert

Oklahoma Law Review

No abstract provided.

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Taxation Of Tort Damages, Patricia A. Cain Jan 2022

Taxation Of Tort Damages, Patricia A. Cain

Oklahoma Law Review

No abstract provided.

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Reducing Administrative Burdens To Protect Taxpayer Rights, Leslie Book, T. Keith Fogg, Nina E. Olson Jan 2022

Reducing Administrative Burdens To Protect Taxpayer Rights, Leslie Book, T. Keith Fogg, Nina E. Olson

Oklahoma Law Review

No abstract provided.

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Establishing A Right To Last Rites: Examining Death Row Inmates’ Right To Clergy Presence In The Execution Chamber In Gutierrez V. Saenz, Sarah B. Conley Jan 2022

Establishing A Right To Last Rites: Examining Death Row Inmates’ Right To Clergy Presence In The Execution Chamber In Gutierrez V. Saenz, Sarah B. Conley

Oklahoma Law Review

No abstract provided.

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Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew Patrick Shaw Jan 2022

Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew Patrick Shaw

South Carolina Law Review

No abstract provided.

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Lawyers' Right Of Professional Self-Defense And Its Limits, Douglas R. Richmond Jan 2022

Lawyers' Right Of Professional Self-Defense And Its Limits, Douglas R. Richmond

South Carolina Law Review

No abstract provided.

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Bankruptcy And The State, Adam Feibelman Jan 2022

Bankruptcy And The State, Adam Feibelman

Emory Bankruptcy Developments Journal

Anticipating a wave of bankruptcies caused by the economic and financial effects of the COVID-19 pandemic, numerous commentators proposed measures to expand the institutional capacity of the bankruptcy system. A number of these proposals would represent dramatic and systematic government involvement in the U.S. bankruptcy system. Such involvement by the government in the bankruptcy system is a topic that is largely ignored in the literature on bankruptcy. Where it is observed, it is generally criticized. Among other things, it sits uneasily with dominant theories of bankruptcy that assume the bankruptcy system should be driven by the interests of direct stakeholders …

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Bankruptcy And The Anti-Assignment Acts: A New Approach To The Issue Of Assumption And Assignability Of Government Contracts, Ha Khuong Jan 2022

Bankruptcy And The Anti-Assignment Acts: A New Approach To The Issue Of Assumption And Assignability Of Government Contracts, Ha Khuong

Emory Bankruptcy Developments Journal

One of the most important and valuable tools that a business debtor has for reorganization under the bankruptcy proceedings is assuming and assigning executory contracts. However, circuit courts are divided on the issue of whether the Anti-Assignment Act, in conjunction with Section 365(c)(1)(A) of the Bankruptcy Code, prohibits the assumption of an executory government contract over the objection of the government where the contract is to be performed by the debtor-in-possession. Some circuit courts apply the “Hypothetical Test” which restricts a debtor-in-possession from assuming an executory contract over an objection if applicable law would bar assignment to a hypothetical third …

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Animal Sentience In Indian Culture: Colonial And Post-Colonial Changes, Nanditha Krishna Jan 2022

Animal Sentience In Indian Culture: Colonial And Post-Colonial Changes, Nanditha Krishna

Animal Sentience

The Indian tradition has respected animal sentience and non-injury toward all life. It is repeated consistently in Sanskrit literature and the later literature of the Jains and the Buddhists. Change came with the advent of Islamic rule followed by the British, who built slaughterhouses. The hunting of wildlife increased and several wild predator species were wiped out. The result was the series of legislations for animals which were initially proposed by the SPCAs and later by NGOs. In 1976, the Constitution of India was amended to make the protection of wildlife and compassion for living creatures a fundamental duty. However, …

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 23 (2022) Jan 2022

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 23 (2022)

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 1 Jan 2022

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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The Impending Battle For The Soul Of Odr: Evolving Technologies And Ethical Factors Influencing The Field, Oladeji M. Tiamiyu Jan 2022

The Impending Battle For The Soul Of Odr: Evolving Technologies And Ethical Factors Influencing The Field, Oladeji M. Tiamiyu

Cardozo Journal of Conflict Resolution

Legal professionals and disputants are increasingly recognizing the value of online dispute resolution ("ODR"). While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders, the pre-pandemic trend has involved a dramatic increase in technological tools that can be used for resolving disputes, particularly with facilitative technologies, artificial intelligence, and blockchains. Though this has the added benefit of increasing optionality in the dispute resolution process, these novel technologies come with their own limitations and also raise challenging ethical considerations for how ODR should be designed and implemented. In considering whether the …

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Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad Jan 2022

Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad

Cardozo Journal of Conflict Resolution

By weaponizing technology, now more than ever before, cybercriminals are transforming the cyberworld into their new hunting ground. Almost daily, news headlines alert us to a new malicious cyber threat or major data breach. The evolution of cybercrime has created a malicious online environment, or "malspace," that is now inhabited by hacker groups and espionage units from all over the world. As a global concern, the use of powerful online capabilities by hacker groups has led to the "militarization" of cyberspace. Closer to home, critical infrastructure, valuable personal data, and access to medical care has been compromised at alarming rates …

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 2 Jan 2022

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

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Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel Jan 2022

Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel

Cardozo Journal of Conflict Resolution

This Article discusses conflicts with religious or worldview dimensions, and why creative approaches are uniquely suited to intervening in them. Conflicts centered around identity, cosmology, and other aspects of worldviews need tools that reach beyond presenting logic and traditional conflict intervention approaches to parties' "grammars of being." "Grammars of being" refer to structural ideas and values below the surface of conscious awareness that influence beliefs, opinions, and actions, just as grammar organizes written or spoken language. Arts-based strategies are promising because they offer aesthetic, embodied pathways that are often missed in more traditional interventions. Case examples drawn from our and …

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Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment, Elan Kirshenbaum Jan 2022

Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment, Elan Kirshenbaum

Cardozo Journal of Conflict Resolution

This Note will highlight the specific instances of gender-based employment discrimination in professional sports and then consider how alternative dispute resolution (“ADR”) provides the best avenue to address and correct these imbalances. In particular, this Note will analyze the benefits and drawbacks of ADR and litigation, while simultaneously applying this analysis to the discussion of the gender gap in professional sports employment. Part II will outline several examples of this discrimination, while also briefly detailing the general hiring and wage gaps that exist between men and women. In doing so, this section will examine the hiring practices of three of …

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Religious Mediation As A Tool To Resolve Disputes Between Religious Universities And Their Lgbt Students, Isaac Altman Jan 2022

Religious Mediation As A Tool To Resolve Disputes Between Religious Universities And Their Lgbt Students, Isaac Altman

Cardozo Journal of Conflict Resolution

Though the LGBT (Lesbian, Gay, Bisexual, and Transgender) rights movement has made immense strides in recent years, there are many people who have been left behind in the sprint towards LGBT equality. Some of those are students or prospective students at religious schools, who can face discriminatory attitudes or be rejected outright by these institutions. While religiosity is generally associated with positive mental health outcomes, research shows that LGBT people who experience religious identity conflict are at significant risk of suicide. Religious institutions, for their part, are scrambling to adjust to the new reality in which their positions on LGBT …

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 3 Jan 2022

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

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Hospitality At The Center Of Dispute Resolution, Peter Block Jan 2022

Hospitality At The Center Of Dispute Resolution, Peter Block

Cardozo Journal of Conflict Resolution

My intent here is to amplify and give voice to the transformative importance of the work described in three of the Articles being published in this edition of the Cardozo Journal of Conflict Resolution. The Articles discuss restorative answers to this culture's dominant narrative of retribution. Each of these social innovations represents a form of hospitality, which is akin to the welcoming of strangers. The Articles form a strategy, in alliance with the alternative dispute resolution movement and addressing the violence against the self and others, which forms the headlines of our daily news consumption.

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From Conflict To Co-Creation Three Powerful Stories Of Transformational Change, Payton Silket, Cheryl L. Epps Jan 2022

From Conflict To Co-Creation Three Powerful Stories Of Transformational Change, Payton Silket, Cheryl L. Epps

Cardozo Journal of Conflict Resolution

In our communities today, too often, the end goal of dialogue is to develop methods that allow people to coexist, but this is not enough. If left at that, our society will increasingly become more segmented and stratified, where groups of people are able to reside in the same vicinity but only interact when absolutely necessary or safe. This is no way to live, and, in fact, it is a recipe for polarization and the eventual death of dialogue.

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Don't Bet The Farm In Litigation Before Considering Mediation: The Case For Agriculture Mediation Program Implementation, John Schmitz Jan 2022

Don't Bet The Farm In Litigation Before Considering Mediation: The Case For Agriculture Mediation Program Implementation, John Schmitz

Cardozo Journal of Conflict Resolution

The American farmer wears several hats throughout each day. Each is a farmer, mechanic, businessperson, chemist, accountant, and economist. An ill-timed dispute resulting in litigation can cause farmers to miss planting or harvesting, lose property, or be denied credit. Agriculture mediation provides a unique opportunity for disputes-both big and small, and centered around agriculture-to be resolved in a timely manner.

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Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa Jan 2022

Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa

Cardozo Journal of Conflict Resolution

Afghanistan became the first Muslim country to ratify the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") with no reservations, understandings, or declarations ("RUDs") on March 5, 2003. This event is notable considering that the majority of Muslim countries that ratified the treaty included reservations holding Islamic Sharia law above the tenets of the Convention. The government abstained from making this type of reservation, demonstrating its intent to follow international norms as it entered a new phase of democratic statebuilding.

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How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh Jan 2022

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

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Speaking Arabic In Israel: "He Whose Hand Is In The Water Is Not Like Whose Hand Is In The Fire", Yael Efron, Mohammed S. Wattad Jan 2022

Speaking Arabic In Israel: "He Whose Hand Is In The Water Is Not Like Whose Hand Is In The Fire", Yael Efron, Mohammed S. Wattad

Cardozo Journal of Conflict Resolution

No abstract provided.

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