Law Commons^™

Governing Land Investments: Do Governments Have Legal Support Gaps?, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?

CCSI researched how host governments access legal support in the planning, negotiation, and monitoring of land investments, with a view to better understanding where legal support gaps for governments exist, and how these can be addressed by governments themselves, as well as by donors, support providers and investors.

By scrutinizing “legal support gaps,” CCSI sought to identify possible weak …

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …

July 27, 2018: Special Prosecutors Are A Menace, Bruce Ledewitz

Hallowed Secularism

Blog post, “Special Prosecutors Are a Menace“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 24, 2018: But Why Do Immigrants Vote Democratic?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But Why Do Immigrants Vote Democratic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok, Bruce Ledewitz

Hallowed Secularism

Blog post, “Disgraceful Democratic Party Defense of Peter Strzok“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The New Family Freedom, Emily J. Stolzenberg

Faculty Publications

In family law, “autonomy” has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, “choice about obligations,” holds redistribution of resources between intimates to be illegitimate unless the richer party “chose” to take on financial obligations ex ante by ceremonially marrying or formally contracting. But as more people conduct their intimate lives outside these legal institutions, choice about obligations increasingly collides with another, more fundamental, family law principle: the imperative to “privatize dependency,” i.e., to redistribute resources …

July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

Scholarly Works

No abstract provided.

The Opioid Epidemic: Regulation, Responsibility, And Remedies, Isaac ("Zack") D. Buck

Scholarly Works

No abstract provided.

July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can We Agree that not Everything Unions Do is Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Tax Expenditure And The Treatment Of Tax Incentives For Investment, Agustin Redonda, Santiago Diaz De Sarralde, Mark Hallerberg, Lise Johnson, Ariel Melamud, Ricardo Rozemberg, Jakob Schwab, Christian Von Haldenwang

Columbia Center on Sustainable Investment Staff Publications

Governments use tax expenditures to boost investment, innovation and employment. However, these schemes are largely opaque, costly and often ineffective in reaching their stated goals. They also frequently trigger unwanted side effects. In order to improve the performance of these tools, the authors present three concrete policy proposals: First, governments should increase transparency on tax benefits. G20 members should take the lead on this with frequent and comprehensive tax expenditure reports. Second, G20 governments should improve the design of tax incentives with the aim of minimizing the generation of windfall profits and negative spillover effects within and across (in particular, …

Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski

Faculty Publications

Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals …

Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud

Indiana Journal of Global Legal Studies

This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …

Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker

Columbia Center on Sustainable Investment Staff Publications

In 2008, ten communities in the Brong Ahafo region of Ghana entered into agreements with Newmont Ghana to govern company-community relations, ensure local job creation, and share the benefits of the company’s mining operations. Ten years later, this report, co-authored by Canadian International Resources and Development Institute (CIRDI), African Center for Energy Policy (ACEP), CCSI, and ISP, looks at the communities’ experience of those agreements and suggests how the agreements might be improved. Though the agreements were celebrated for their attempts to include all stakeholders in decision-making, challenges remain around representation, consultation, and participation. New entities established to facilitate multi-stakeholder …

Unusual: The Death Penalty For Inadvertent Killing, Brenner M. Fissell, Guyora Binder, Robert Weisberg

Faculty Publications

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

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

June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberal Inconsistency and Arrogance“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Main Tendencies Of The Development Of Law In The Present Day, M.A. Ahmedshaeva

Review of law sciences

The article analyzes the place and role of law in the life of modern society and the tendencies in its development from the point of view of the module of the Theory of State and Law. On the basis of today’s realities, the principle and contents of such basic trends in the development of law as the rule of law, the priority of international norms, the provision of human rights, the increase in the role and significance of law in the system of sources of law are revealed. Also, tendencies of development of law in Uzbekistan are revealed in the …

Lawmaking Expert Support: National And Foreign Experience, X. Xayitov

Review of law sciences

The article studies the importance of organizational and legal issues of expertise of draft laws in our country and foreign countries. At the same time, the peculiarities of examinations, subjects, as well as proposals for improving the organizational and legal mechanisms for the implementation of expertise have been developed

Legal Support Of Scientific Research In The Agricultural Sector, N.K. Skripnikov, M. Mirzaabdullayeva

Review of law sciences

In this article, on the basis of normative legal acts, the development of the activities of subjects of the agrarian sector is reviewed, as well as the issues of the social and economic development of society, the increasing role of science in the development of agriculture and the agricultural sector of Uzbekistan as a whole, reveals a special role in the legal provision of scientific research in the agrarian sector . And it is also mentioned for a number of initiatives outlined in the Development Strategy of Uzbekistan, which are being implemented.

The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast

DePaul Journal of Women, Gender and the Law

No abstract provided.

Scotus's 2017-2018 Term: More Of The 'Passive Virtues', John M. Greabe

Law Faculty Scholarship

[exerpt] "Examine a timelier topic: the court's decision to effectively punt on the major religious freedom and partisan gerrymandering cases it was poised to decide this term. For the court's restrain in these cases may have some relation to our turbulent political times."

De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena

DePaul Journal of Women, Gender and the Law

No abstract provided.

The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia

DePaul Journal of Women, Gender and the Law

No abstract provided.

One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii, Kaitlyn Krall

DePaul Journal of Women, Gender and the Law

No abstract provided.

June 15, 2018: What Is Wrong?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

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

June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

Scholarly Works

No abstract provided.