Law Commons^™

The Collection Problem: How The Circuit Split On Pleading Standards In Securities Fraud Claims Undermines Federal Regulatory Goals, Lucas Immer

St. John's Law Review

(Excerpt)

The Great Depression is generally recognized as the greatest economic calamity in United States history. One of the Great Depression’s many causes was reckless financial speculation driven in part by financial fraud. In response to the crisis, Congress passed the 1934 Securities Exchange Act (“the Exchange Act”), which courts have long held creates a private right of action for plaintiffs who experience an economic loss due to reliance on a material misstatement surrounding the purchase or sale of a security. A prima facie claim for securities fraud under the Exchange Act requires a showing of scienter, defined as “a …

Cross-Talk, Alicia Bannon, John Q. Barrett, Tyler Rose Clemons, Wilfred U. Codrington Iii, Mark C. Niles

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

We now enter the exciting segment of the program called cross-talk.

Tyler Rose Clemons (“TRC”)

One of the things that this conversation has brought up for me is whom is the Court overturning precedent on behalf of? What interest? Whose interest is it that the Court is acting to vindicate when it says we got it wrong before, and it is so important that we get it right that we are willing to take this supposedly drastic remedy of overturning our own precedent?

What I was thinking about immediately during Judge Livingston’s remarks was West …

Stare Decisis And The 1l Classroom: Can Legal Reasoning Be Taught Without Judicial Respect For Precedent?, Mark C. Niles

St. John's Law Review

(Excerpt)

I began my career as a law professor in 1998 and, in every year but one, since then I have taught at least one first-year required law school course. I have taught Civil Procedure each of these years and some version of a required Constitutional Law course in about half of them. I want to say just a little bit about stare decisis and its importance in our legal system from the perspective of a law professor teaching first-year students.

I have found that although teaching Civil Procedure involves a focus on a range of substantive issues including judicial …

Stare Decisis And Zombie Laws, Alicia Bannon

St. John's Law Review

(Excerpt)

In recent years, the Supreme Court has shown little interest in stare decisis—the principle that courts should honor precedent—as an animating value in constitutional interpretation. This has put many fundamental rights in a vulnerable posture. This Essay focuses on one underappreciated dimension of the decline in respect for stare decisis as it relates to fundamental rights: the relationship between stare decisis and what I will call, and what others have called, “zombie laws.”

Zombie laws are laws that were rendered inoperative by courts but never rescinded; for example, an abortion ban that became unenforceable after Roe v. Wade. …

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

St. John's Law Review

(Excerpt)

“[S]tare decisis is ‘not an inexorable command.’ ” Frankly, every time I read these words in a judicial opinion of late, I shudder. And, in fact, it seems like I am reading these words— and shuddering—with increasing regularity.

First off, of course it is not. At times, the Supreme Court has sanctioned manifest injustices in the law. The prime example is the Court’s 1896 decision in Plessy v. Ferguson, which sustained racial segregation under the Fourteenth Amendment. With the blessing of the judiciary, this interpretation of the Reconstruction Constitution supported a regime of racial segregation until, more than …

On Stealth Overruling, Tyler Rose Clemons

St. John's Law Review

(Excerpt)

From Loper Bright v. Raimondo to Dobbs v. Jackson Women’s Health Organization, the Roberts Court has shown itself more than willing to overturn longstanding pillars of American jurisprudence explicitly. While such cases and other pathbreaking opinions have understandably garnered the lion’s share of attention, the Court has also demonstrated an increased willingness to tweak, modify, or even functionally overrule doctrines without expressly stating that it is doing so. I call this phenomenon “stealth overruling.”

A Conversation About Stare Decisis, The Honorable Debra Ann Livingston, John Q. Barrett

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis.

But first, we need to meet you and hear a little bit about your background—where you are from—and the path that took you to the …

Taking Stock Of Stare Decisis, St. John's Law Review Editorial Board

St. John's Law Review

(Excerpt)

This issue of the St. John’s Law Review contains remarks first presented at the Law Review’s Spring 2025 symposium. In A Conversation About Stare Decisis, St. John’s University School of Law Professor John Q. Barrett is in conversation with Hon. Debra Ann Livingston, Chief Judge of the United States Court of Appeals for the Second Circuit, about what stare decisis means to her and how the doctrine guides her judging. This is then followed by Essays from a diverse group of constitutional law scholars on the state of stare decisis. Finally, in Cross-Talk, the essayists have a …

"Smart Contracts" In Light Of The Rules Of The Cisg And Uncitral, Sarah Zein

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

From oral agreement to paper to digital format, the contract, which encapsulates and defines the relationships between those who compose it, has undergone multiple revolutions. These days, it's the smart contracts that are interfering between technology and law. A new generation of contracts known as intelligent contracts (smart contracts) has emerged as a result of the remarkable advancements in artificial intelligence coupled with the development of blockchain technology and crypto money. Furthermore, this intelligent contractual model is no longer limited to the creation of traditional agreements alone. Because it can be created and executed automatically, often without external intervention, it …

The Legal Regulation Of E-Commerce In Lebanon, Dolly Abouchakra

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In the digital age, the economy and commerce sectors in Lebanon, as well as globally, have embraced advancements, leading to the emergence of e-commerce with its multifaceted models, thereby establishing the electronic commercial entity. These advancements necessitate a profound technological transformation, which, in turn, introduces critical legal challenges. These challenges threaten the stability and growth of such entities within traditional legal frameworks that are insufficiently equipped to address the complexities of the digital environment and the noticeable absence of specialized regulations. This study highlights the inadequacy and disjointed nature of the Lebanese legal framework governing electronic commercial entities. The current …

The Criminal Liability Of Intelligent Robots: Between Reality And The Law, Mohamad Takkoush

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

Artificial intelligence, in its modern perspective, is regarded as having the capacity to perform duties. But is it, in turn, capable of bearing responsibility—specifically, criminal liability?

In principle, punishment under criminal law is imposed on an accused individual because they deliberately violate the rules and provisions of the law, aiming to achieve criminal outcomes they intend. This implies the presence of a conscious and aware will. In contrast, a robot lacks such will and awareness, meaning that, from a legal standpoint, it does not qualify as a legal person under the traditional classification of legal entities.

Accordingly, this study raises …

Towards The Democratic And Equitable International Order, Ramzy Abdl Hay

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The concept of the democratic and equitable order is considered one of the modern and revolutionary concepts in the field of international relations. The emergence of this concept was mainly linked to the edgy international reality and the increasing need to move towards a just and balanced international order. This study presents the concept of the democratic and equitable international order as a new vision of the international order that achieves justice and fairness among all countries of the world and their peoples, and contributes to establishing international peace and security. It also acknowledges the most important and appropriate ways …

The Professional Trajectory Of The Investigating Judge, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research addresses the issue of how investigating judges exercise their procedures while preserving human rights. It has been shown that these rights have been violated by a judge in France and by judges of the Judicial Council in Lebanon. This has prompted President Macron to consider abolishing the position of investigating judge in France due to the arbitrary detention of a defendant by one of the investigating judges. The Lebanese investigating judge also exceeded his authority by detaining an innocent person, who was later sentenced to life imprisonment by the Judicial Council. It later emerged that the perpetrator of …

The Legitimacy Of The Use Of Force In Wars Of Liberation: The Palestinian People's Struggle As A Case Study, Mohamad Abdulrahim

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research addresses and analyzes the legality of the use of force in liberation wars waged by peoples suffering under the rule of colonialism, regimes of racial discrimination or foreign domination. This use is one of the four exceptions to the principle of prohibiting the use of force enshrined in Article 2, Paragraph 4 of the United Nations Charter which legalize the use of force in International Law. The first exception is the Security Council taking measures using force according to Article 42 of the Charter, the second exception is the right of self-defense according to Article 51 of the …

Study Of Public Space Development Based On Preservation Of Cultural Heritage Areas: Case Study Of Muara Jambi Area, Farhan Rachmanda Graha Cahyadi

Cities and Urban Development Journal

Background: The development of public spaces in cultural heritage areas has an important role in supporting the preservation of historical and cultural values, while improving the quality of life of the community around the cultural heritage.

Aims: This study aims to examine the potential for developing public spaces that are in line with efforts to preserve the Muara Jambi Cultural Heritage area.

Methods: The method used is qualitative-descriptive with conceptual-contextual orientation. Data collection techniques are carried out through systematic literature studies, document analysis, and triangulation through stakeholder statements. Data are analyzed using thematic analysis to identify relevant key elements.

Results: …

Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman

International Review of Humanities Studies

This study aims to generate knowledge about the social capital underlying the resilience of Starling Madura coffee traders in Jakarta. The idea that underlies this analysis is Bourdieu's social capital theory, in which social capital formed through networks is able to provide independence in overcoming social and economic problems. In addition to social capital, mobility strategies are utilized as opportunities by Starling Madura coffee traders in an effort to survive sustainably in the context of the informal economic order in Jakarta. This study provides data and analysis that strengthen the idea that Starling Madura coffee traders adopt distinctive social capital …

How Closely Should We Compare?: A Statutory Analysis On State Comparability Standards Under The Clean Water Act, Brenna M. Skiles

Helms School of Government Undergraduate Law Review

This Note aims to evaluate the basis for general statutory interpretation to apply it to § 309(g) of the Clean Water Act. The United States Courts of Appeals have been divided on which standard for determining State law comparables under section 309(g) of the Clean Water Act is the most appropriate standard to use. So far, the First, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuit Courts have set forth an opinion on the matter. Even though each the six courts have interpreted the statute, there is still no “universally” applied standard. The First, Sixth and Ninth Circuits have each come …

The Delegation Dilemma: Assessing How The Overturn Of Chevron Paves The Way For The Revitalization Of The Nondelegation Doctrine, Elizabeth Paige Sonnenschein

Helms School of Government Undergraduate Law Review

The nondelegation doctrine is derived from Article I of the United States Constitution, and it prohibits Congress from delegating its enumerated legislative powers to other branches or agencies of the government. However, the nondelegation doctrine has been limited over the last century, and it has not been enforced to the fullest extent in the Supreme Court since the 1935 ruling in A.L.A Schechter Poultry Corp. v. United States. As a result, Congress has been allowed the discretion to delegate quasilegislative powers to administrative agencies and the executive branch under the premise of the intelligible principle and various levels of …

Equality Or Equity?: Weighing Prima Facie Cases In Reverse Discrimination Claims, Emerson Lawrence Allen

Helms School of Government Undergraduate Law Review

Title VII of the Civil Rights Act of 1964 protects against employment discrimination. In suits based on this protection, the plaintiff must typically be able to satisfy the four-prong McDonnell Douglas test in order to make a prima facie case and avoid summary judgment in favor of the defendant. Although Title VII fully protects all plaintiffs, the first prong of this test historically requires the plaintiff to show membership in a minority group. The United States Courts of Appeals are, however, split on what standard to require in reverse discrimination cases. There are currently four approaches: one requiring the plaintiff …

Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok

International Review of Humanities Studies

This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …

Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi

International Review of Humanities Studies

The craft of weaving is not merely an economic or artistic activity, but also plays a central role in the identity and social life of the Sumba community, particularly in the Kodi District of Southwest Sumba Regency. Women in Sumba play a crucial role in the practice of tenun ikat. They are not only the custodians of the skills and technical knowledge of weaving, but also the bearers of cultural values embedded in the process. This research aims to reveal the role of Sumbanese women as preservers of tradition amidst the currents of modernization. This study employs qualitative methods with …

The Representation Of Indonesian National Identity In Syuhada Mosque, Kotabaru, Yogyakarta, Muthia Zahri Mardhiyah, Ali Akbar

International Review of Humanities Studies

This article examines the concept of national identity as embodied by the Syuhada Mosque, located in Kotabaru, Yogyakarta. Completed in 1952, the mosque was established as a monument to the independence of the Republic of Indonesia. This research addresses whether Syuhada Mosque genuinely represents national identity. The study aims to describe the architectural form of Syuhada Mosque and elucidate the representations of national identity embedded within its structure. The research methodology aligns with the framework proposed by Sharer and Ashmore, encompassing formulation, implementation, data collection, data processing, analysis, interpretation, and publication. Based on its historical background, the foundational ideas and …

Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur

Genocide Studies and Prevention: An International Journal

This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.

Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas

Genocide Studies and Prevention: An International Journal

In 1922, the once-cosmopolitan city of Smyrna—modern-day Izmir—was engulfed in flames, marking the end of a centuries-long Hellenic presence in Asia Minor. The catastrophe, which followed the Greco-Turkish War and occurred amidst the collapse of the Ottoman Empire, resulted in the deaths of tens of thousands and the displacement of hundreds of thousands more. In his 2022 book Salty Silk, Greek author Petros Pourliakas recounts the tragedy, focusing on the humanitarian heroism that emerged in the midst of horror. I spoke with Pourliakas about his research, the moral complexities of recounting a national trauma, and the legacy of a …

Rethinking The Applicability Of Section 8 Of The Canadian Charter For The Information Age And Beyond, François Tanguay-Renaud

All Papers

The Supreme Court of Canada’s interpretation of the right to be secure against unreasonable search and seizure guaranteed by section 8 of the Canadian Charter of Rights and Freedoms has remained fairly stable since the adoption of the Charter. Or at least, that is how the Court’s section 8 jurisprudence to date makes it seem. Yet, in some recent decisions dealing with digital communications and the internet—culminating in the 2024 case of R. v. Bykovets—the Court has, implicitly, brought into question the foundational principle based on which the right has historically been circumscribed. Or so I argue in …

The Influence Of The Dutch East Indies Government’S Ethnic Politics On Discrimination Against The Chinese Ethnic Group In Batavia (1946–1950), Zaky Rizqy Zaidaan Fadrin, Fajar Muhammad Muhammad Nugraha

International Review of Humanities Studies

This study explains how discrimination was experienced by ethnic Chinese in Batavia in the early post-independence period in 1946–1950, with an emphasis on the influence of ethnic politics practiced by the Dutch East Indies colonial government. The purpose of this study is to analyze the pattern of discrimination against ethnic Chinese influenced by the legacy of colonial racial segregation. The method used is qualitative historical descriptive. The main sources of this study come from letters of complaint from the Chinese community in 1946–1949 in the National Archives of the Republic of Indonesia (ANRI) and newspaper articles from 1950 from De …

The Comparison Of Classical Tafsir And Contemporary Interpretation Regarding The Verses Of Astrophysics And Cosmology In The Qur’An, Azra Ansharullah, Basuni Imamuddin

International Review of Humanities Studies

As time progressed, various kinds of discoveries in the field of science emerged one by one, especially in the field of Astronomy and its "little brother" Astrophysics. This opens up opportunities for everyone to research things that have been researched from a new perspective, such as researching the Koran from a science and technology perspective. There are 310 instances in the Qur'an where the word "heaven" is mentioned, and within them, there are various statements regarding the nature, phenomena, and other things related to the sky. With the progress of technology, there is undoubtedly a gap in the interpretation and …

The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote

International Review of Humanities Studies

The main thrust of this paper is to critically analyse the impact of the colonial land policy of the British on plantation agriculture in colonial Southwestern Nigeria. Although land legislation had been introduced as far back as the late 19^th century, such as the Public Lands Ordinance of 1876 later renamed the Public Lands Acquisition Ordinance of 1917, it was vigorously pursued with the imposition of colonial rule in the period between 1900 and 1960. It argued that the introduction of land policy by the British in order to achieve her economic objective in Nigeria led to the commercialisation …

Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko

International Review of Humanities Studies

This study analyzes the symbols and discourses of power in three Purwa shadow puppet performances of the Murwakala play, styles of Surakarta, Yogyakarta, and Banyumas. The Murwakala play, centered on themes of purification and the transformation of power, contains a rich narrative for analyzing power dynamics through the interactions between characters such as Batara Kala (a form of destructive power), Batara Wisnu (a form of constructive power), and Batara Guru (a form of cosmic order). Using a qualitative approach, this research integrates Geertz's theory of cultural symbolism and Foucault's discourse of power to analyze how power is represented and negotiated …

Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims

International Review of Humanities Studies

BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …