Law Commons^™

Liability Of Abstracters To Third Parties For Omissions In The Abstract, John R. Hoehl

Florida Law Review

No abstract provided.

Problems In Florida And Other Coastal States Caused By The California Tidelands Decision, Julius F. Parker

Florida Law Review

No abstract provided.

The Doctrine Of Recrimination In Florida, J. Allen Smith

Florida Law Review

No abstract provided.

The Development Of Nuisance In The Early Common Law, William A. Mcrae Jr.

Florida Law Review

No abstract provided.

Probate Claims In Florida, James R. Wilson, E. Martin Mcgehee

Florida Law Review

No abstract provided.

Commentary To Professor Moll's Presentation, Brian Krumm

Scholarly Works

No abstract provided.

Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank

Scholarly Works

No abstract provided.

Commentary To Dean Fershee's Presentation, George Kuney

Scholarly Works

No abstract provided.

A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener

Senior Theses

The ideology behind private school choice endures in South Carolina. Arguments for parental choice have resurfaced periodically throughout the state’s history, particularly in moments of “crisis.” The current “crisis” moment is the COVID-19 pandemic, which created a perfect storm for the private school choice movement to gain momentum. When Governor McMaster received South Carolina’s emergency education relief funds, he capitalized on this movement with his proposed SAFE Grants program. His intention was for the SAFE Grants program to provide support through one-time tuition grants to low-income families who have children in private schools. Governor McMaster’s announcement incited an overwhelming media …

Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

Faculty Works

Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.

Reconstructing State Republics, Francesca L. Procaccini

Fordham Law Review

Our national political dysfunction is rooted in constitutionally dysfunctional states. States today are devolving into modern aristocracies through laws that depress popular control, entwine wealth and power, and insulate incumbents from democratic oversight and accountability. These unrepublican states corrupt the entire United States. It is for this reason that the Constitution obligates the United States to restore ailing states to their full republican strength. But how? For all its attention to process, the Constitution is silent on how the United States may exercise its sweeping Article IV power to “guarantee to every State in this Union a Republican Form of …

The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia

Columbia Center on Sustainable Investment Staff Publications

The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change agenda as an opportunity for better and further industrialization, deeper linkages, and sustainable development.

There are many ways to look at the implications of international climate change policy for Africa, including through the increased extraction of minerals needed in clean energy application and the greening of mines. The localization of global value chains – induced by …

“The Rule Of The Strong, Not The Rule Of Law”: Reexamining Implicit Divestiture After Mcgirt V. Oklahoma, Joseph Palandrani

Fordham Law Review

In McGirt v. Oklahoma, the U.S. Supreme Court found that the boundaries of the Muscogee (Creek) Nation, which were set in 1866 and which encompass a large swath of present-day Oklahoma, remain intact. Although non-Indigenous people had settled on the land in droves by the early twentieth century, the Court held that the land remains “Indian Country” until Congress explicitly indicates otherwise. Because Congress never so indicated, the reservation is undiminished. McGirt marked a massive shift in the Court’s approach to the question of whether reservation boundaries remain in force; demographic history had previously figured prominently in the Court’s rulings …

First African American Female Law Graduate Carved Path To Success, St Mary's University

Black History at St. Mary's University - 2025 Collection

Hattie Elam Briscoe is among one of the most notable alumni in St. Mary’s University history, and St. Mary’s School of Law history as well.  Briscoe was the first black woman to graduate from St. Mary’s Law, and one of the first 50 women to graduate from law school. After university, Briscoe went on to have a successful career as well as garnering awards for her notoriety, skill, and service. Briscoe was also a member of many organizations and boards, some of them being the San Antonio Bar Association, Texas Bar Association, National Association of Black Women Attorneys and more. …

Legal Research & Writing: An Undergraduate Pre-Law Course Design, Rachel Kathleen Strieber

Senior Theses

The purpose of this project-based thesis is to develop an undergraduate pre-law course that teaches legal research and writing (LRW) and to design its respective description, topics, reading materials, sample syllabus document, and a sample lesson plan. The research portion of this thesis will study the pedagogy of LRW and the connection between LRW skills and the students’ success in law school and careers in law. Preparing students to excel in LRW skills prior to law school through the proposed undergraduate pre-law LRW course will yield a stronger performance in a first-year law LRW course to follow and amplify students’ …

Learning To Love One-Party Rule: A Beginner’S Guide, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov

ProAcademy

The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed …

Restraint Of Polygamy In Jurisprudence And Law: A Comparative Study, Qais Abdul Wahab Issa

UAEU Law Journal

Polygamy is a subject addressed in Sharia that has been established by the Holy Quran and the Prophetic Sunnah. Islamic jurists have debated about this subject in terms of its obligation, permissibility and revocability. To enjoy this right, a man has to be obligated to the legal controls, such that he should be able to maintain more than a wife. Moreover, this person is to take into account social, economic, psychological and health-related aspects of his life and make sure that he is able to maintain justice between all his wives. Furthermore, the man must have no more than four …

A Fresh Start: Surveillance Tech And The Modern Law Firm, Titus R. Willis

Duke Law & Technology Review

The legal community is rapidly evolving: firms are more beholden to clients than ever, associates are growing more competitive with one another, and younger firm employees are more willing than ever to subject themselves to surveillance from their employers. These evolutions come alongside a boom in surveillance technology. Tech companies now provide services that can track every keystroke a lawyer makes on a company computer, analyze the content of their computer screens, or even develop algorithms to measure employee productivity. How does the modern law firm respond to these new technologies? How do they weigh their obligations to clients with …

Lawmakers, Wolf Need To Clarify Pa.’S Mail-In Voting Law Before 2022, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

March 9, 2021: The Future Of Mail-In Voting In Pennsylvania--The Week's Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Mail-in Voting in Pennsylvania--the week's column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Legislative Formation Of The Temporary Law Of The Parliament Elections, An Analytical And Critical Study, Eid Ah. Alhosban, Abeer Ba. Dababneh

UAEU Law Journal

The legislative drafting of any law is a standard for judging the adequacy of this law; the more marked the drafting of legislative precision and discipline of the law, the more responsive this law will be to the requirements of society, and the more equitable and effective it will be. The temporary 9/ 2010 Law of Election to the House of Deputies is one of the most important political laws that bear sensitivity to the popularity basis, where the outcome of a House of Deputies is able to carry out its constitutional duties in terms of oversight and legislation.

With …

The Role Of Law In The Legalization Of Criminality, Rana Aloutor

UAEU Law Journal

It is understood that criminal law is based on the principle of legality; the law determines the criminalization and punishment. The question arises: can law play a role in allowing criminality? What is that role? This research is to address this topic and answer the question within the scientific method depends on a comparative study between a number of criminal legislations in the Arab world and French law then indicate the reasons for private and public justification. The law has taken a very large meaning in the decriminalization of offences and their justification. This meant that the double concept of …

A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt

University Libraries Faculty Scholarship

In the United States, state and federal programs, rules, and legislation attempt to address the social, economic, and environmental impacts of food waste. Research on the efficacy of these interventions rely on a variety of grey literature resources. Grey literature is valuable to policy research but may be overlooked because it is not published commercially and is often deemed unauthoritative. This review focuses on the use of grey literature in food waste law and policy scholarship to identify the most used sources and to determine what, if any, archiving strategies authors use. Recommendations for librarians and researchers are discussed.

Validity Of Contract Law Applicable To Unilateral Acts Within A Conflict Of Laws., Firas Kasassbeh

UAEU Law Journal

The law makers and jurists have never shown clear interest in the issue of the law applicable to unilateral undertakings (acte juridique unilatéral). This is the case under Jordanian law despite the fact that unilateral undertaking is deemed under one of the general sources of rights (obligations). Accordingly, it shall be assumed that the general rule shall be subject to the same provisions that are applied to contracts, and therefore, it shall be applied to unilateral undertakings, including those relating to conflict of laws that govern this issue.

This study explores the extent to which the law applicable …

The Constitutional Limits On Custodial And Support Parentage By Consent, Jeffrey A. Parness

College of Law Faculty Publications

Prompted by the National Conference of Commissioners on Uniform State Laws through its Uniform Parentage Acts, and by the American Law Institute through its Family Dissolution Principles and its Restatement Draft on Children and the Law, recently U.S. state legislators and judges have spurred a revolution in parentage laws. In particular, lawmakers have expanded parental custody opportunities and parental support obligations for those without biological (actual or presumed) or formal adoptive ties by recognizing ever-increasing forms of legal parentage by consent. Lawmakers have revolutionized parentage in some startling ways, as by deeming women to be parents under written paternity laws …

Transparency Of Land-Based Investments: Cameroon Country Snapshot, Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep

Columbia Center on Sustainable Investment Staff Publications

Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.

In a new report focusing on agribusiness projects in Cameroon, CCSI and the Centre pour l’Environnement et le Développement (CED) find that:

• Communities continue to be excluded from decision-making around investments.
• The government pursues a top-down approach to concession allocation and remains reluctant to recognize all legitimate tenure rights.
• The government faces threats to its legitimacy as the grievances of citizens and investors alike lead to the barring of roads by communities and investor withdrawals.

CCSI and CED therefore call for:

• A …

The Idea Of Contract In Japanese Law And Culture, Sara Landini

Japanese Society and Culture

The paper deals with contract law in Japan in the perspective of law and literature in order to better understand some basic concepts that actually are not a translation of western concept like good faith.

Burnout Doesn't Frighten Me, Meredith A.G. Stange

College of Law Faculty Publications

This past semester we all taught during an unprecedented worst-case scenario, moving our courses online at the literal drop of a hat. Although I know my experience is not unique, from March to the end of the semester in May, I felt like I was just treading water. I realized that feeling unsure of myself, feeling disconnected from my students, and feeling like I was just treading water really was not me. In fact, I had not felt this way in the classroom since my first few years of teaching. Those were days I did not want to revisit because, …

Comments To The Draft Working Group Iii Workplan, Columbia Center On Sustainable Investment, International Institute For Environment And Development, International Institute For Sustainable Development

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …