Law Commons^™

Global Innovation Law, P. Sean Morris

Northern Illinois University Law Review

This Article is about opening up a debate on global innovation law. The Article argues that a new hybrid area of transglobal law has emerged in the past decade due to the rise of various disruptive and technological challenges to law beyond the state. As such, the Article argues that global innovation law is a new field that encapsulates the dynamics of law making and regulatory governance in how law operates in a transglobal environment. With the rapid changes in law and regulation to meet the demands of the global economy--the interaction of law and these changes at the domestic …

Reflections On A Light Unseen, Vincent Rougeau

Journal of Catholic Legal Studies

(Excerpt)

I am very pleased to have an opportunity to offer some reflections on the manuscript for A Light Unseen by Professors John Breen and Lee Strang. It is an extraordinarily comprehensive look at the history of Catholic law schools in the United States. That aspect of the work alone makes it an important contribution to the scholarship on Catholic higher education in this country, and I am sure it will become an essential resource for scholars and educators across a wide range of fields. Nevertheless, A Light Unseen is much more than a history. It also raises a critical …

We Need Independent Judicial Review. We Don’T Need The Filibuster. Let's Get Rid Of It, Bruce Ledewitz

Newspaper Columns

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

An Everyday Lawyer’S Shakespeare, Carl J. Circo

Arkansas Law Notes

This summer, I enjoyed a unique opportunity to explore Shakespeare’s critique of law with a small group of students and a dear colleague in a study abroad program at the University of Arkansas Rome Center. I want to share my reflections on this singularly rewarding experience.

October 18, 2020: Anti-Racism, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Anti-Racism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad

Library Philosophy and Practice (e-journal)

The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.

Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …

Reimagining Disability: The Screening Of Donor Gametes And Embryos In Ivf, Isabel Karpin, Roxanne Mykitiuk

Articles & Book Chapters

In this article,we examine how disability is figured in the imaginaries that are given shape by the reproductive projects and parental desires facilitated by the bio-medical techniques and practices of assisted reproductive technologies (ARTs) that involve selection and screening for disability. We investigate how some users of ARTs understand and deploy these imaginaries in ways that are both concordant with and resistant to the understanding of disability embedded within the broader sociotechnical and social imaginaries. It is through users’ deliberations, choices, responses, and expectations that we come to understand how these imaginaries are perpetuated and resisted, and how maintaining them …

The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer, Bruce Ledewitz

Newspaper Columns

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

What Is Nonmarriage?, Katharine Baker

All Faculty Scholarship

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …

Medical Marijuana: Implications Of Evolving Trends In Regulation, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.

Unconstitutional Parenthood, Jeffrey A. Parness

College of Law Faculty Publications

A flurry of recent noteworthy articles have urged the U.S. Supreme Court to elaborate further on the federal constitutional requisites for legal parenthood relevant to child custody, child visitation, and allocation of parental responsibility. These articles appear under such titles as Constitution of Parenthood, Constitutional Parenthood, Constitutional Parentage, and The Constitutionalization of Fatherhood. They follow recent initiatives by both the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) suggesting new forms of childcare parenthood. And they follow new parentage law initiatives by state legislatures and courts. This Article goes beyond these …

Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students who enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed-gender group of second-year, third-year, and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued …

The Comet Framework: Greenhouse Gas Data Transparency To Enable The Success Of Eu Climate Policy, Martin Dietrich Brauch, Solina Kennedy

Columbia Center on Sustainable Investment Staff Publications

To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.

To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency)—an alliance launched at Davos in January …

Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

The right to health has been repeatedly recognized as one of the core human rights, essential for human functioning, human dignity, economic well-being and development. But the right to health continues to elude hundreds of millions and with Covid-19, perhaps billions of people. Poverty remains the most critical obstacle to the realization of the right to health in developing countries. Achieving universal health coverage, before the additional costs of Covid-19, would require roughly $50 billion per year, approximately 0.1 percent of the GDP of the high-income OECD countries. Yet despite this broad understanding of the vicious cycle of poverty and …

Law And Covid-19, Aurelio Gurrea-Martinez, Yihan Goh, Mark Findlay

Research Collection Yong Pung How School Of Law

This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the …

Mcconnell’S Lust To Control The Supreme Court Could Destroy It, Bruce Ledewitz

Newspaper Columns

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

Alt Labor? Why We Still Need Traditional Labor, Martin Malin

All Faculty Scholarship

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …

Political Tribalism Is Trumping Accountability. That’S Bad For Democracy, Bruce Ledewitz

Newspaper Columns

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

Criminal Justice Citizenship, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized system of adjudication silences the voice of the people. A better system would strengthen “criminal justice citizenship,” which refers to the right of the citizenry to participate, directly and indirectly, in the criminal justice system and to deliberate in its workings.

The three key principles of criminal justice citizenship are membership, participation, and deliberation. …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition: How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela

Columbia Center on Sustainable Investment Staff Publications

The Nigerian National Petroleum Corporation’s (NNPC) persistent governance challenges have both hampered Nigeria’s oil sector development and deprived the country of public resources. The oil, climate, and COVID-19 crises and the ramp-up of the low-carbon transition exacerbate this reality, with the national oil company (NOC) delivering sub-optimal returns to its stakeholders.

Other NOCs have taken meaningful steps to become players in the low-carbon energy transition domestically or in­ternationally – for example, Sau­di Arabia’s Saudi Aramco, Norway’s Equinor, Brazil’s Petrobras, Malaysia’s Petronas, and Algeria’s Sonatrach. These NOCs can serve as sources of inspiration for NNPC. These five NOCs have also undergone …

Mining And The Sdgs: A 2020 Status Update, Responsible Mining Foundation, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In September 2015, the UN member states agreed on a set of 17 Sustainable Development Goals (SDGs), which represent the global agenda for equitable, socially inclusive, and environmentally sustainable economic development until 2030. Mining companies have the potential to become leading partners in achieving the SDGs. Through their direct operations, mining companies can generate profits, employment, and economic growth in low-income countries. And through partnerships with government and civil society, mining companies can ensure that benefits of mining extend beyond the life of the mine itself, so that the mining industry has a positive impact on the natural environment, climate …

Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.

Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …

No Matter How Loud I Shout: Legal Writing As Gender Sidelining, Leslie Patrice Culver

Journal of Legal Education

No abstract provided.

Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard

Hofstra Labor & Employment Law Journal

The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.

This article first describes the history of unionization and outlines the substantive …

Applying International Law Solutions To The Xinjiang Crisis, Preston Jordan Lim

Faculty Publications

No abstract provided.

The Year Of Covid-19: Personal Reflections On How Traditional Pedagogy Can Be Informed By Online Teaching Methods (Aka How I Changed My Mind About Online Teaching), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Reflections on lessons learnt during online teaching during COVID-19. Despite the difficulties of the term, I realized that online teaching had certain strengths that traditional face-to-face teaching formats lacked. This started me on the path to adapting online teaching practices to improve our current modes of teaching, such as using online tools to improve interactivity, and reduce bias in interacting with students. I also started reconsidering whether our traditional classroom structures are indeed the best way to teach. While my experiences are based on teaching law, I believe that these points are also applicable to teaching in other disciplines.

The Year Of Covid-19: Personal Reflections On How Traditional Pedagogy Can Be Informed By Online Teaching Methods (Aka How I Changed My Mind About Online Teaching), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Reflections on lessons learnt during online teaching during COVID-19. Despite the difficulties of the term, I realized that online teaching had certain strengths that traditional face-to-face teaching formats lacked. This started me on the path to adapting online teaching practices to improve our current modes of teaching, such as using online tools to improve interactivity, and reduce bias in interacting with students. I also started reconsidering whether our traditional classroom structures are indeed the best way to teach. While my experiences are based on teaching law, I believe that these points are also applicable to teaching in other disciplines.

Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing, Bruce Ledewitz

Newspaper Columns

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