Law Commons^™

October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Improving The Legislation On Victimological Prevention Of Violence Crimes Against Juveniles, S Niyazova

ProAcademy

in the article reveals issues o f p erfe ctio n o f legislation o n v ictim o lo g ica l preve n tio n o f violence crim es a g a in st juveniles

Legal Basis For The Regulation Of The Activities Of Law Enforcement Bodies In The Republic Of Uzbekistan, A Kamalov

ProAcademy

The a rticle describes the issue o f cre a tin g a legislative basis fo r re g u la tin g the activities o f la w e nforcem ent agencies in Uzbekistan

Broadly Speaking - Fall 2018, Nova Southeastern University

Broadly Speaking

No abstract provided.

Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways in which the costs and benefits of investments are distributed among different actors.

CCSI partnered with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD) to produce a briefing note on agricultural investments under international investment law. The …

Book Review: Prosecuting Corporations For Genocide, Sarah Federman

Genocide Studies and Prevention: An International Journal

No abstract provided.

How International Oil Companies Could Assist The Republic Of Cyprus To Achieve The Sustainable Development Goals: A Conversation Starter, Andreas Tornaritis, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

This policy paper is addressed to International Oil Companies (IOCs), public officials and Non-Governmental Organizations (NGOs) involved in the natural gas industry in Cyprus. There is currently no conversation happening in Cyprus on how the oil and gas industry could help Cyprus achieve their Sustainable Development Goals. Therefore, this paper hopes to initiate a debate and conversation around this topic. It provides an overview of the ways in which IOCs operating in Cyprus could contribute towards the sustainable development of the natural gas industry and assist the Republic of Cyprus to achieve a number of their 2030 Sustainable Development Goals …

Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper

LLM Theses

This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.

Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon

Journal of Digital Forensics, Security and Law

These days, digital crime is one of the main challenges for law enforcement and the judicial system. Many of the laws which are used to protect the users of current technologies were derived from legislation and laws that are utilized in the control of crimes that are based in the physical realm. This applies not only in Western countries, but in countries that adopt Sharia law. There is a need to establish specific legislation and accepted best practice to deal with digital crimes that is compatible with Sharia law, which affects more than one billion Muslims. This paper presents a …

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova

Review of law sciences

The article analyzes the role of interpretation of law in the process of law enforcement activity, the need for interpretation of law, theoretical methods and types of interpretation. Proceeding from the legal practice, an informal professional interpretation of the law is presented on the example of the interpretation of the norm of the current normative legal act.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

Interpretation Of Legal Norms As An Essential Factor Of Correct Law Enforcement, S. Sultanova

Review of law sciences

The article analyzes the role of interpretation of law in the process of law enforcement activity, the need for interpretation of law, theoretical methods and types of interpretation. Proceeding from the legal practice, an informal professional interpretation of the law is presented on the example of the interpretation of the norm of the current normative legal act.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

September 27, 2018: Abortion And Climate Change, Bruce Ledewitz

Hallowed Secularism

Blog post, “Abortion and Climate Change“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 21, 2018: The End Of Constitutional Government, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 18, 2018: The Kavanaugh Story, Bruce Ledewitz

Hallowed Secularism

Blog post, “ The Kavanaugh Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land & Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.

Presuit Discovery And Evidence Preservation In Illinois Circuit Courts, Jeffrey A. Parness, Jessica Theodoratos

College of Law Faculty Publications

Once a civil action has been commenced in an Illinois Circuit Court, lawyers and their clients who are parties must preserve evidence relevant to the pending claims. Under Professional Conduct Rule (RPC) 8.4(d), lawyers may not "engage in conduct that is prejudicial to the administration of justice." Under RPC 8.4(a), a lawyer must not assist or induce others to engage in such conduct. Further, RPC 3.4(a) demands that a lawyer not act in ways that "unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value."

Preferencing Educational Choice: The Constitutional Limits, Derek Black

Faculty Publications

Rapidly expanding charter and voucher programs threaten a new education paradigm in which access to traditional public schools is no longer guaranteed in some communities. In some instances, choice programs are phasing out traditional public schools altogether. The most harmful effects of choice, however, occur at the local level, not the state level. Thus, this Article does not challenge the general constitutionality of choice programs. Instead, the Article identifies limitations that state constitutional rights to adequate and equal education place on choice policy.

First, states cannot preference private choice programs over public education. This conclusion flows from the fact that …

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access …

Community-Investor Negotiation Guide 2: Negotiating Contracts With Investors, Sam Szoke-Burke, Rachael Knight, Kaitlin Y. Cordes, Tehtena Mebratu-Tsegaye, Marena Brinkhurst

Columbia Center on Sustainable Investment Staff Publications

Deciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. If an investment project is carried out in a respectful and inclusive way, it may help community members to achieve their development goals, which may include creating jobs and local economic opportunities. But investments come with risks. Investment projects may make the land that community members need for farming and other livelihood activities unavailable for some time. They may pollute local rivers, lakes, air, and soils, or block access to sacred areas or water …

Community-Investor Negotiation Guide 1: Preparing In Advance For Potential Investors, Rachael Knight, Kaitlin Y. Cordes, Sam Szoke-Burke, Tehtena Mebratu-Tsegaye, Marena Brinkhurst

Columbia Center on Sustainable Investment Staff Publications

Deciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. If an investment project is carried out in a respectful and inclusive way, it may help community members to achieve their development goals, which may include creating jobs and local economic opportunities. But investments come with risks. Investment projects may make the land that community members need for farming and other livelihood activities unavailable for some time. They may pollute local rivers, lakes, air, and soils, or block access to sacred areas or water …

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

All Faculty Scholarship

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.

August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 23, 2018: Busy Day For Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Busy Day for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Catholic Church Child Abuse Scandal Comes Out“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 12, 2018: Decent Republicans, Especially Law Professors, Have Got To Stop Voter Suppression, Bruce Ledewitz

Hallowed Secularism

Blog post, “Decent Republicans, Especially Law Professors, Have Got to Stop Voter Suppression“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.