Law Commons^™

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …

Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher

Washington Law Review

No abstract provided.

Cutting The Idea's Gordian Knot: Accepting Entanglements Of Disability And Self And Embracing A "Best Interests" Approach To Disciplining Students With Disabilities, Sarah A. Husk

The Journal of Law and Education

No abstract provided.

A Cil Right To Free And Compulsory Education, Nate Schmutz

The Journal of Law and Education

No abstract provided.

Applying Bostock: The Queer Case Against Public Single-Sex Schooling, Robert Blake Watson

The Journal of Law and Education

No abstract provided.

Gifted Tracking As A Racist Vestige Of Eugenic Thought, Lydia Robins Hendrix

The Journal of Law and Education

No abstract provided.

2022 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2022 issue of the CLIHHR Newsletter highlights the Institute’s advocacy, scholarship, and clinical work amid rising global and domestic human rights challenges. It features reflections on antisemitism, reproductive rights, and the war in Ukraine, faculty engagement in international legal forums, student fellowships addressing the Missing and Murdered Indigenous Peoples (MMIP) crisis, legal fellow spotlights, major public events on refugee law and gender-based crimes, and new staff appointments. The newsletter reflects CLIHHR’s commitment to accountability, survivor-centered justice, and atrocity prevention.

Another Look At The Concept Of Nation-State Borders In The Time Of Covid And Ukraine, John J. Chung

Law Faculty Scholarship

No abstract provided.

Law Library Blog (October 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Dislocating The Separation Of Powers State ‘Thumb’ On The Biden Sustainability Initiatives & Law, Steven Ferrey

Suffolk University Law School Faculty Works

President Biden enacted his unprecedented large Infrastructure law to make what President Biden calls a “once-in-a-generation investment” to modernize U.S. infrastructure by rapidly deploying sustainable renewable power generation technology. As the primary U.S. federal law to address climate change before the world exceeds a ‘tipping point’ of uncontrolled warming, this Infrastructure law must not be impaired or frustrated by any other government actions. However, inferior levels of local government now are interceding, placing their legal ‘thumbs’ on and legally blocking implementation of Biden Administration sustainable Infrastructure. This article analyzes the legal conflicts posed by hundreds of state and local governments …

A Regulatory Scheme For The Dawn Of Space Tourism, Molly M. Mccue

Vanderbilt Journal of Transnational Law

Today, companies like Blue Origin and Virgin Galactic have successfully launched paying customers into space, forging the future of the space tourism industry. While a growing space tourism industry promotes scientific advancement and opens an activity once reserved for trained astronauts to the public, the industry generates new issues and reveals the vulnerabilities of international space law. This Note explores the history of commercial spaceflight and the international agreements that comprise the current legal regime. It argues that space tourism presents a need for a new international agreement to address three vulnerabilities in the current international regime: environmental protections, protections …

Making Singapore A Regional Centre For Philanthropy, Kim Kit Ow, Vincent Ooi

Research Collection Yong Pung How School Of Law

The article highlights the strong ecosystem in Singapore where charitable initiatives are supported and encouraged, and builds on DPM Lawrence Wong's recent comments that the Government is reviewing its tax incentive schemes to encourage increased philanthropic giving.As a starting point, we suggest three simple ways in which tax incentives could be enhanced:1) increasing the enhanced tax deduction for donations from the current 2.5 times the amount of qualifying donations to 3 times for certain causes where there is a significant amount of public spending;2) extending the period for which tax deductions for donations can be carried forward for from the …

Regulating Auditing Algorithms: An Asian Solution?, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

As AI becomes more sophisticated and broadly used, algorithmic auditing also involves increasingly complicated ethical, social, and regulatory challenges with different dimensions and implications depending on the sector where the AI is deployed. In this context, regulators play a key role in proposing policies to govern the operations, credentials, and impact of the experts conducting AI audits.

The Disappearing Freedom Of The Press, Ronnell Andersen Jones, Sonja R. West

Washington and Lee Law Review

At this moment of unprecedented decline of local news and amplified attacks on the American press, scholars are increasingly turning their attention to the Constitution’s role in protecting journalism and the journalistic function. Recent calls by some U.S. Supreme Court Justices to reconsider the core press-protecting precedent from New York Times Co. v. Sullivan have intensified these conversations. This scholarly dialogue, however, appears to be taking place against a mistaken foundational assumption that the U.S. Supreme Court continues to articulate and embrace at least some notion of freedom of the press. Yet despite the First Amendment text specifically referencing it …

E-Museletter: October 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Publication And Subscription Information

MC Law Review

No abstract provided.

Introduction

MC Law Review

No abstract provided.

“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig

MC Law Review

The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to “affirmatively further” fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has not focused on the impact of zoning and discriminatory land use policies within and around low-income rural and small communities or specifically in the southeastern United States. Scholars have also insufficiently considered the implications of these policies on the duty to “affirmatively further” fair housing.

Racial zoning was …

Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, Mckenna S. Cloud

MC Law Review

Mississippi is one of several states still in violation of federal laws by unnecessarily institutionalizing individuals with serious mental illness and intellectual and developmental disabilities (“psychiatric vulnerabilities”) and by failing to offer sufficient community-based mental health services. This Comment uses Mississippi’s broken mental healthcare system as a case study to reveal how violating the Americans with Disabilities Act (“ADA”) and Olmstead v. L.C. ex rel Zimring, 527 U.S. 581, 597 (1999), not only discriminates against the psychiatrically vulnerable but also fosters racial/ethnic and socioeconomic mental health disparities. Complying with these federal mandates will provide individuals with psychiatric vulnerabilities with …

Masthead

MC Law Review

No abstract provided.

An Appeal To Heaven—The Timeless Plea For Nollan/Dolan Extension To The Sphere Of Legislative Exactions, Sam Sturgis

MC Law Review

“. . . [W]henever the legislators endeavour to take away and destroy the property of the people . . . they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience . . . .”1

In 1772, the colonists of Weare, New Hampshire, were given a choice: cede all white pine trees grown on their lands to the King of England or pay a hefty fine. It was an odious decree—one that struck at the very ideal of the American colonies. Imbued as they were with a sense of divine right to …

Constitutional Standoff: An Example Of Practical Difficulty In Mississippi Venue Rules, Hunter C. Ransom

MC Law Review

Mississippi’s legislature and judiciary have been locked in a constitutional standoff over procedural rulemaking power for decades. In an article describing the history of the conflict, author William H. Page has predicted that the situation will inevitably lead to “practical difficulties” down the road. Years later, given ongoing conflicts among various aspects of civil procedure in Mississippi, that prediction is beginning to appear prescient. A prime example has developed in Mississippi’s venue rules.

This Comment has three goals. First, it seeks to resurface Page’s discussion of the “constitutional standoff.”3 Second, it describes how Page was likely correct in predicting that …

Reflection Of Fred Banks, John Brittain

MC Law Review

No abstract provided.

The Corporate Forum, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

In this response to Professor Jill Fisch’s article "GameStop and the Reemergence of the Retail Investor," we focus on one of the risks associated with the growth of retail investing that Fisch surveys, uncontrolled information sourcing. Drawing on our work on retail investors, we revisit an instrument dear to the U.S. Securities and Exchange Commission, whose potential has not been unleashed so far, the corporate forum. Our response succinctly discusses the main mechanics of the corporate forum, the benefits the corporate forum could provide, and the feasibility hurdles that might undermine the success of corporate forums.

Case Global: International Impact, Case Western Reserve University School Of Law

Case Global Newsletter

Vol. 14, No. 1 (2022)

• International Impact: From the Hague to the United Nations, the Cox Center influences justice around the world (cover)
• CWRU law students excel in global moot court competitions
• Supreme Court follows reasoning of CWRU amicus brief
• Invaluable international experience
• Learning the law through classic TV: Star Trek and international law
• Alumni spotlight (Kevin G. Nealer (LAW ‘78)

In Brief, Case Western Reserve University School Of Law

In Brief

• An update from the deans: Q&A
• Big wins
• Shaping Cleveland's future
• International impact
• Battle for Ohio
• Real World Experience
• Triumph over tumult
• Scholarly impact
• Society of Benchers
• Alumni committees
• Class notes
• In memoriam
• Honor Roll of Donors

Understanding The Global Refugee Crisis [Paralegal Studies], Andrea R. Irias

Open Educational Resources

This assignment was designed to meet the criteria of the Global Learning competency and Written ability rubrics. Although it was created for the Paralegal Program, it was not made to fit one specific course as we are unsure where it fits best in the program. As we continue to experiment with placement, we have piloted this assignment in two different courses (BTP203 and BTP205) with similar results. It was designed for students to complete outside of the classroom as homework with minimal in-class instruction as the content of the assignment did not truly fit in the courses that held it …

The Law And Politics Of Ransomware, Asaf Lubin

Articles by Maurer Faculty

What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between 20,000 and 30,000 per day in the United States alone. That is a ransomware attack every eleven seconds, each of which cost victims …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Z. Rozenshtein, Jed Handelsman Shugerman

Faculty Scholarship

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to the remove the magnetometers from the entrances to the rally and …

Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.