Law Commons^™

July 8, 2016: Lack Lives Matter So Much That The Police Are Needed, Bruce Ledewitz

Hallowed Secularism

Blog post, “Black Lives Matter So Much that the Police are Needed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone

Rooftops Project

In a recent visit with the Rooftops Project's Alicia Langone and Professor James Hagy, construction lawyer Susanna Fodor offers views on the tenant improvement process when a not-for-profit organization selects space to lease and on routine repair and renovation projects for properties a not-for-profit may own.

Space For Local Content Policies And Strategies, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper explores both the role that local content measures can play in advancing sustainable development, and the impact that trade and investment treaties concluded over the past 20 years have had and will continue to have on the ability of governments to employ those tools. Certain local content measures had been restricted under the WTO due to wide agreement by negotiating parties that their costs outweigh their benefits. But the WTO also left a number of local content measures in governments’ policy toolboxes. As is discussed in this paper, however, that is changing, with the range of permissible actions …

A Policy Framework To Approach The Use Of Associated Petroleum Gas, Shay Banerjee, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

CCSI developed "A Policy Framework to Approach the Use of Associated Petroleum Gas."

Associated Petroleum Gas (APG) is a form of natural gas that is found associated with petroleum fields. APG is often flared or vented for regulatory, economic or technical reasons. The flaring, however, is problematic from health and environmental perspectives. Moreover, flaring and venting APG wastes a valuable non-renewable resource that could be re-injected into the oil field or used for local and regional electricity generation.

This framework aims at providing guidance for regulators, policymakers, and industry leaders seeking to develop practical approaches to unlock the economic value …

Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017.We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.

Submission To The Sec On Addressing Land Tenure Risks Through Regulation S-K, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

In July 2016, CCSI sent a submission to the Securities and Exchange Commission (SEC) to provide input into how land tenure risks could be addressed through disclosure requirements for public companies. The SEC was seeking input into modernizing business and financial disclosure requirements in Regulation S-K, including whether Regulation S-K should be amended to require disclosure of public policy and sustainability information. CCSI argued that, due to the significant financial risk created by land tenure disputes in countries with weak or transitioning land governance systems, companies should be required to report on land tenure risks. Disclosure should be required for …

Mapping Mining To The Sustainable Development Goals: An Atlas, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, United Nations Development Programme, World Economic Forum

Columbia Center on Sustainable Investment Staff Publications

CCSI has been working with the World Economic Forum, United Nations Development Programme (UNDP), and the UN Sustainable Development Solutions Network (SDSN) to create a shared understanding of how the mining industry can most effectively contribute to the SDGs. The report will help mining companies navigate where their activities – from exploration, through operations and mine closure – can help the world achieve the SDGs. Governments, civil society and other stakeholders can also identify opportunities for shared action and partnership with the industry.

A draft report of Mapping Mining to the Sustainable Development Goals: A Preliminary Atlas was released for …

Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Employment creation is often seen as a key benefit of investment in natural resources. However, this benefit sometimes falls short: job estimates may be inflated, governmental policies may fail to maximize employment generation, and, in some cases, investments may lead to net livelihood losses. A more thorough examination of employment tied to mining and agricultural investments is thus useful for assessing whether and how employment from natural resource investments contributes to sustainable economic development – a particularly timely topic as countries consider how they will achieve the Sustainable Development Goals adopted in 2015.

This report aims to clarify the processes …

Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg

Faculty Publications

No abstract provided.

From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding

The Journal of Business, Entrepreneurship & the Law

The advent of technological tools such as social media present the legal industry with the potential for both perilous liability and unparalleled rainmaking. However, the full potential of social media remains untapped in the legal field because the topic has yet to be fully integrated into a broader understanding of inbound marketing and content leadership. The current treatment of social media in the legal literature is uneven-it tends to disproportionately emphasize the potential liabilities over the benefits, and it fails to provide a thorough framework to guide its optimal use. This article aims to rectify this uneven treatment by situating …

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz

Hallowed Secularism

Blog post, “Purposeful Obfuscation on Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

June 16, 2016: How Heller Resolves The Gun Issue, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Heller Resolves the Gun Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

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

2 pages (includes color illustrations)

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

Video: Unbundled Legal Representation In Family Law: Ethically Managing The Challenges, Hilary A. Creary Esq., Sheena Benjamin-Wise Esq.

NSU Law Seminar Series

• Understand a lawyer's duty under Fla. Fam. L.R.P. 12.040 "limited appearance"
• Learn how to manage clients when delivering unbundled legal services in a limited representation matter
• How to handle limited representation in various contexts: mediation, domestic violence, and court hearings
• Avoiding ethical violations

Evaluation Of Iowa’S Anti-Bullying Law, Marizen Ramirez, Patrick Ten Eyck, Corinne Peek-Asa, Angela Onwuachi-Willig, Joseph E. Cavanaugh

Faculty Scholarship

Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa’s anti-bullying law in preventing bullying and improving teacher response to bullying.

Legislating On Violence Against Women: A Critical Analysis Of Nigeria's Recent Violence Against Persons (Prohibition) Act, 2015, Cheluchi Onyemelukwe

DePaul Journal of Women, Gender and the Law

In many African countries, as in other countries around the world, women suffer violence on the basis of their gender. Unfortunately, many countries lack legislation that provide effective protections against gender-based violence. Evidence from Nigeria, including the passage of new legislation at federal and state levels, suggests some progress. How effective such laws will be is yet to be seen. This paper begins the process of investigating the potential for the effectiveness of these new laws by conducting an in-depth analysis of Nigeria’s recently enacted Violence Against Persons (Prohibition) Act, 2015. This examines the relevance of the Act and its …

Postscript To Hobby Lobby: Prescription For Accommodation Or Overdose?, Paula Walter

DePaul Journal of Women, Gender and the Law

This article contends that, consequent to the Court’s ruling in Hobby Lobby, the efforts of the challengers to use the judiciary to derail the legislatively enacted contraceptive mandate provisions of the ACA have been successful, and suggests alternatives for dealing with the flood of anticipated accommodation claims.

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Shepard Broad College Of Law Commencement Ceremony, Nova Southeastern University

NSU Commencement Programs

No abstract provided.

Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols

University of Richmond Law Review

No abstract provided.

Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

University of Richmond Law Review

Review:

Rethinking the Law School: Education, Research, Outreach and Governance

By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00

Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson

University of Richmond Law Review

No abstract provided.

Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii

University of Richmond Law Review

No abstract provided.

Conceptions Of Authority And The Anglo-American Common Law Divide, Dan Priel

Articles & Book Chapters

This essay seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason view explains the authority of the common law in terms of correspondence to the demands of pure practical reason; the practice view sees the authority of the common law as derived from the expertise of practitioners (especially judges and practice-oriented academics) who try to develop the common law as a …

Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman

Senior Honors Theses

Less-lethal weapons have been effective at saving lives by providing police an option for defense or apprehension that does not involve a firearm. However, not all less-lethal weapons are created equal, and careful planning with a solid base of research must be done to insure that officers are prepared for every circumstance. The purpose of this study is to analyze the current information about less-lethal weapons and create a comprehensive breakdown of their strengths and weaknesses. This will include current statistics on the most common less-lethal weapons, as well as insight from scholarly sources. The strengths and weaknesses of a …

Constitutional Utopianism, Susan N. Herman

UTOPIA500

The sixth and final UTOPIA500 presentation was April 21, 2016. Professor Susan Herman, Centennial Professor of Law at Brooklyn Law School and President of the American Civil Liberties Union, received the official "Me and Tommy More" polo shirt from Dr. Michael P. Malloy, organizer of the UTOPIA500 project. Professor Herman delivered a presentation on Constitutional Utopianism. She explored the literary devices that More employed as narrative strategies in Utopia, and argued that his intention may have been to give focus to discussion about important issues of governance and societal structures, rather than to provide definitive answers. Professor Herman also compared …