Law Commons^™

Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy

GW Law Faculty Publications & Other Works

The overall resilience of the U.N. Convention on the Law of the Sea during the forty years since its adoption in 1982—its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time—is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks …

The Reality Of Psychological Capital In The Light Of E-Learning: An Exploratory Study Of The Opinions Of A Sample Of Academic Staff At The College Of Administration And Economics, Tikrit University, Abdullah Mahmood Abdullah, Muhammad Mahmoud Taha, Omar Aziz Abbas

Journal of STEPS for Humanities and Social Sciences

The research aimed to identify the reality of psychological capital in the light of e-learning, by doing an exploratory study of the opinions of professors at the College of Administration and Economics, University of Tikrit. SPSS V 25) and its hypothesis-testing techniques.

The results indicated the availability of dimensions of psychological capital in the college under study at a high level, as well as a strong and moral correlation with the main variable, and the variation of these dimensions in terms of importance in achieving the main variable in the light of e-learning, and the research made several recommendations, the …

Changemakers: 'You Have To Adapt To Survive', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …

Changemakers: Master Of Studies In Law: "Exactly What I Needed...": John Marion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman

Pepperdine Dispute Resolution Law Journal

In the context of a global pandemic and a resulting backlog of jury trials in the United States court system, this article explores the potential for employing a private jury system within existing arbitration law to provide a third path for parties seeking an expedient resolution of disputes by juries when impediments exist to jury trial in court. After an introduction and background on the current state of the global SARS-CoV-2 pandemic and its effect on court backlogs, we outline the law applicable to private jury proceedings, including (a) whether an arbitral award predicated on a private jury determination is …

Law School News: The View From The Statehouse 04-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Injunctions In Patent Law: A Trans-Atlantic Dialog On Flexibility And Tailoring, Jorge L. Contreras, Martin Husovec,

Utah Law Faculty Scholarship

This chapter is from the edited volume "Injunctions in Patent Law: A Trans-Atlantic Dialogue on Flexibility and Tailoring" (Jorge Contreras & Martin Husovec, eds., Cambridge Univ. Press, forthcoming). It offers a unique analytical synthesis of eleven national and two regional/international descriptions of flexibilities in patent remedies authored by leading scholars in the field. This synthesis identifies a range of similarities and differences among jurisdictions, explains the principal features of these different legal systems, provides an analytical framework for comparing them, and offers observations about trends and the outlook for the future. The countries studied include Canada, Finland, France, Germany, Israel, …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Administrative Law In A Time Of Crisis: Comparing National Responses To Covid-19, Cary Coglianese, Neysun A. Mahboubi

All Faculty Scholarship

Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as …

Law School News: Rwu Law Announces Sixth Dean 04-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Linn Foster Freedman Room Dedication At Rwu School Of Law 11-01-2019, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix

Journal of Law and Mobility

On March 15th, 2019, the Journal of Law and Mobility, part of the University of Michigan’s Law and Mobility Program, presented its inaugural conference, entitled “(Re)Writing the Rules of The Road.” The conference was focused on issues surrounding the relationship between automated vehicles (“AVs”) and the law. In the afternoon, two panels of experts from academia, government, industry, and civil society were brought together to discuss how traffic laws should apply to automated driving and the legal person (if any) who should be responsible for traffic law violations. The afternoon’s events occurred under a modified version of the Chatham House …

Law School News: Millennial Law 08-21-2019, Dick Dahl

Life of the Law School (1993- )

No abstract provided.

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

Defining Ambiguity In Broken Statutory Frameworks And Its Limits On Agency Action, Amanda Urban

Michigan Journal of Environmental & Administrative Law

“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsistency, and unworkability. In each case, the Court defined ambiguity in various, nontraditional ways and …

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard

Research Collection Yong Pung How School Of Law

This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …

Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

25 slides

Proposal For An Enhanced Colorado Water Bank, Anne J. Castle, Lawrence J. Macdonnell

Books, Reports, and Studies

4 pages.

Outlines and explains 8 characteristics of an enhanced Colorado water bank.

Selective Entrenchment In State Constitutional Law: Lessons From Comparative Experience, David Landau

Scholarly Publications

While the U.S. Constitution has long been viewed as an outlier along a number of dimensions, recent work has explored the similarities between comparative constitutionalism and the constitutionalism of the states. Scholars have noted that state constitutions look more like the constitutions often found abroad along several key dimensions. Most importantly for our purposes, they are often long, detailed, and specific documents that go well beyond merely setting up a basic framework, and they are often relatively flexible and easy to amend. In contrast, the U.S. Constitution seems unusually sparse and rigid.

This essay argues that the recent work on …

The Paperless Chase, Steven J. Mulroy

Touro Law Review

No abstract provided.

How Reform-Friendly Are U.S. Tax Treaties?, Fadi Shaheen

Brooklyn Journal of International Law

This article addresses the treaty compatibility aspect of proposals for reforming the U.S. international tax system. Finding that a reform proposal is treaty compatible obviates the need for renegotiating or overriding existing U.S. treaties to implement the proposal if enacted. After establishing that a U.S. move to an exemption system would be treaty compatible despite the literal reading of Article 23 of the U.S. Model income tax treaty as requiring a credit system, the article argues that any system that is or can be expressed as an outright fixed or floating combination of exemption and credit is treaty compatible regardless …

Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Roy Smith, Bureau of Land Management

19 slides

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides

Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans

Michigan Law Review

Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper extension …

Remedies For Non-Citizens Under Provincial Nominee Programs: Judicial Review And Fiduciary Relationships, Delphine Nakache, Catherine Blanchard

Dalhousie Law Journal

In Canada, more and more people get permanent residency under Provincial and Territorial Nominee Programs (PTNPs). Despite this new reality, there is today no detailed examination of the consequences of PTNPs for immigrants' rights and protections. In this paper, we seek to fill this gap. As we show, PTNPs have no statutory basis and officials who administer these programs do not exercise statutory authority of any kind. An alternative would be that these programs become "law"; then the decisions made under them would bejudicially reviewable for conformity with that law. However, it is unlikely to happen because "flexibility" is seen …

Dred Scott: A Nightmare For The Originalists, Sol Wachtler

Touro Law Review

No abstract provided.