Law Commons^™

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

The rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Lived Experiences Of Technology-Based Legal Resources, Michael Ray Stanley

Walden Dissertations and Doctoral Studies

AbstractLack of access to United States civil courts by individuals who cannot afford or are otherwise unable to retain legal counsel has attracted the interest of policy makers and members of the legal community in recent years. The literature revealed a wide range of efforts and public and private resources that have been employed to address the problem. The purpose of this phenomenological study was to explore the experiences, perceptions, and insights of individuals in a medium-size Michigan city who had utilized services that deliver legal resources by technology-based platforms. Social construction of targeted populations and the technology acceptance model …

The Recidivism Rate In Correlation To The Effectiveness Of The Bridges To Life Reentry Program In Texas, Steven Steen

Walden Dissertations and Doctoral Studies

This research explored the relationship between reentry programs and recidivism in the state of Texas. One program in particular, Bridges To Life (BTL), has had an impact on recidivism in the state, and this research analyzed how the overall organization of BTL correlated to recidivism. Recidivism is the repeated or habitual relapse into crime. The purpose of this quantitative research study was to determine whether there was a direct correlation between the reduction of recidivism and the effectiveness of reentry programs through BTL in the state of Texas. The research question for this study explored the correlation between BTL and …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

Australian Highlevel Public Policy Preparedness For Population-Based Triage During The Pandemic, Zachary Horn, Lily Gapp Duckett, Kaitlin Webber

Research outputs 2022 to 2026

The COVID-19 pandemic brought attention to scarce clinical resource allocation via secondary population-based triage (S-PBT) throughout the international healthcare community. Experiences overseas highlighted the importance of coordinated and consistent approaches to allocating resources when facing overwhelming demand, particularly for critical care. Noting the importance of consistency and the system of devolved governance deployed in Australia, this study aimed to identify and analyse sources of high-level policy that affect Australia’s health system preparedness for the operationalisation of S-PBT. Of the 39 documents reviewed, 17 contained potential references to S-PBT. There was a lack of clear recommendations and guidance to inform S-PBT …

The Recidivism Rate In Correlation To The Effectiveness Of The Bridges To Life Reentry Program In Texas, Steven Steen

Walden Dissertations and Doctoral Studies

This research explored the relationship between reentry programs and recidivism in the state of Texas. One program in particular, Bridges To Life (BTL), has had an impact on recidivism in the state, and this research analyzed how the overall organization of BTL correlated to recidivism. Recidivism is the repeated or habitual relapse into crime. The purpose of this quantitative research study was to determine whether there was a direct correlation between the reduction of recidivism and the effectiveness of reentry programs through BTL in the state of Texas. The research question for this study explored the correlation between BTL and …

Dentistry And The Law: How Does An ‘Assignment Of Benefits’ Work?, Dan Schulte Jd

The Journal of the Michigan Dental Association

The use of an assignment of benefits form in dental practice is explored in this article, with a focus on its potential benefits and limitations. This form allows patients to assign their dental plan benefits to the provider, enabling direct payment for services. However, its acceptance by dental plans varies and is often subject to state and federal regulations. While assignment of benefits offers a pathway to independent fee setting and potential billing for any balance exceeding benefits, legal and regulatory considerations must be addressed to fully implement this approach.

Advocacy Spotlight: Mda’S Legislative Priorities For 2023, Neema Katibai Jd

The Journal of the Michigan Dental Association

This article outlines the Michigan Dental Association's (MDA) legislative priorities for the year 2023. The MDA focuses on various key issues, including dental loss ratio, network leasing transparency, teledentistry policy, the state budget's impact on dental services, increasing the dental workforce, and addressing student debt relief. These priorities aim to advocate for the dental profession, enhance patient care, and ensure the dental community's well-being.

Price Gouging In A Pandemic, Christopher Buccafusco, Daniel Hemel, Eric L. Talley

Faculty Scholarship

The COVID-19 pandemic led to acute supply shortages across the country as well as concerns over price increases amid surging demand. In the process, it reawakened a debate about whether and how to regulate “price gouging” — a controversy that continues as inflation has accelerated even as the pandemic abates. Animating this debate is a longstanding conflict between laissez-faire economics, which champions price fluctuations as a means to allocate scarce goods, and perceived norms of consumer fairness, which are thought to cut strongly against sharp price hikes amid shortages.

This Article provides a new, empirically grounded perspective on the price …

Twenty Years Of Us Digital Copyright: Adapting From Analogue, Jane C. Ginsburg

Faculty Scholarship

This review of the period 2001–21 in US copyright law will summarize digital-dominated developments concerning the scope of exclusive rights and exceptions and liability regimes. It will address several developments, all related to the impact of the internet on the exploitation of works of authorship. Digital storage and communications have called into question the scope of the exclusive rights set out in the US Copyright Act, and they have considerably expanded the reach of the fair use exemption. They have strained statutory and common law regimes of secondary liability and prompted the development of a ‘volition’ predicate to primary liability. …

Exemplary Legal Writing 2020: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

For some years, John Coffee of the Columbia Law School, one of the country’s leading experts on corporate and securities law, has been critical of the government’s failure to effectively prosecute corporate crime. In this book, Coffee both propounds a general theory of why such criminality is rarely prosecuted in a meaningful way, and also offers some creative solutions to such underenforcement.

J Mich Dent Assoc January 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA’s 6,200+ members across the state. No publication reaches more Michigan dentists!

This is our annual pediatric dentistry issue, with articles covering value and price in pediatric dentistry, a clinical guideline on traumatic dental injuries in the developing dentition, and space maintenance in the primary and mixed dentitions.

Pragmatic Family Law, Clare Huntington

Faculty Scholarship

Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …

Data Versus More Data In Multidistrict Litigation, Elizabeth Chamblee Burch

Scholarly Works

A reply to Lynn A. Baker & Andrew Bradt, Anecdotes in the Search for Truth About Multidistrict Litigation, 107 Cornell Law Review Online 249 (2023).

Perceptions of Justice in Multi-district Litigation: Voices from the Crowd presents the results of a study that no one wanted us to do—or help us to do. Professors Lynn Baker and Andrew Bradt would prefer to dismiss as “anecdote” our two-year effort to find and gain the trust of multi-district litigation (MDL) plaintiffs whose attorneys told them not to discuss their case with anyone, including us.

There are decades worth of procedural justice studies …

Mdl For The People, Elizabeth Chamblee Burch

Scholarly Works

By the terms of its own statute and the limits of its constitutional authority, multidistrict litigation (“MDL”) is designed to transfer and coordinate individual lawsuits then return plaintiffs back to their chosen fora for case-specific discovery and trial. Because each plaintiff is present and has her own lawyer, there is no need for the judge to police conflicts of interest or attorney loyalty as in the MDL’s kin, the class action.

But these assumptions do not match the empirical reality. Remand is rare. MDL judges resolve ninety-nine percent of the cases before them. And to some attorneys, the people of …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman

Scholarly Works

After many well-publicized cases of police wrongdoing, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” Scholars argue that the doctrine impedes deterrence of rights violations and forecloses compensation and vindication for victims.

One line of attack has relied on empirical evidence to challenge what scholars take to be the main justification for qualified immunity, that it prevents the threat of constitutional liability from over-deterring …

Privatizing International Governance, Melissa J. Durkee

Scholarly Works

The theme of this panel is “Privatizing International Governance.” As the opening vignettes should make clear, public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan's launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, …

"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman

Scholarly Works

At the heart of American constitutionalism is an irony. The United States is constitutionally committed to religious neutrality; the government may not take sides in religious disputes. Yet many features of constitutional law are inexplicable without their intellectual and cultural origins in religious beliefs, practices, and movements. The process of constitutionalization has been one of secularization. The most obvious example is perhaps also the most ideal of liberty of conscience that fueled religious disestablishment, free exercise, and equality was born of a Protestant view of the individual’s responsibility before God.

This Essay explores another overlooked instance of constitutional secularization. Many …

The Case For The Current Free Exercise Regime, Nathan Chapman

Scholarly Works

How the Supreme Court ought to implement the Free Exercise
Clause has been one of the most controversial issues in U.S. rights discourse
of the past fifty years. In Fulton v. City of Philadelphia, a majority of the
justices expressed dissatisfaction with the standard articulated in
Employment Division v. Smith, but they could not agree on what ought to
replace it. This Essay argues that focusing on whether to overrule Smith is a
distraction from the sensitive task of implementing the Free Exercise Clause.
This is not because Smith was “right,” but because (1) the history and
tradition are both …

Presuming Trustworthiness, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …

Business Associations, Scott Lowry

Scholarly Works

This Article surveys a selection of noteworthy cases involving business associations that Georgia courts decided between June 1, 2022 and May 31, 2023. This Article also briefly highlights the 2023 update to the Georgia Nonprofit Corporation Code, sections 14-3-101–1703 of the Official Code of Georgia Annotated, which was signed by Governor Kemp on May 2, 2023, and took effect on July 1, 2023.

The Contours Of Gun Industry Immunity: Separation Of Powers, Federalism, And The Second Amendment, Hillel Y. Levin, Timothy D. Lytton

Scholarly Works

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute. This Article demonstrates that both state and federal courts have fundamentally misread PLCAA when adjudicating cases involving the scope of gun industry immunity. Properly understood, PLCAA permits lawsuits against the gun industry so long as they are based on statutory causes of action rather than common law. While broadly preempting state common law claims, PLCAA affords state legislatures autonomy in deciding how to regulate the gun industry within their borders.

Additionally, this …

State Constitutional Law: Standing To Litigate Public Rights In Georgia Courts, Randy Beck

Scholarly Works

State courts interpreting state constitutions face the recurring issue of how much weight to afford Supreme Court of the United States precedent addressing comparable questions under the United States Constitution. At one end of the spectrum, many state courts routinely engage in what federal Judge Jeffrey Sutton calls “lockstepping,” importing federal doctrine wholesale into state decisional law. For a court engaged in lockstepping, concepts like freedom of speech or equal protection of the laws under a state constitution mean whatever the U.S. Supreme Court interprets them to mean under the federal Constitution, even if the state provision differs in potentially …

A Guide To Mireille Delmas-Marty's “Compass”, Diane Marie Amann

Scholarly Works

This essay appears as the Afterword (pp. 55-64) to a volume featuring an important work by the late Mireille Delmas-Marty (1941-2022) titled A Compass of Possibilities: Global Governance and Legal Humanism. A Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation, Delmas-Marty and the essay’s author were longtime colleagues and collaborators. The volume contains an English translation of a 2011 lecture by Delmas-Marty, originally titled “Une boussole des possibles: Gouvernance mondiale et humanismes juridiques.” Amann’s essay surveys that writing, in a manner designed to acquaint non-francophone lawyers and academics with Delmas-Marty’s …