Law Commons^™

The Israeli High Court Of Justice During The Covid-19 Crisis: The Model Of Continuous Judicial Review, Yoav Dotan

Georgia Law Review

In this Article, I seek to review the reaction of the Israeli High Court of Justice (HCJ) to the social and political pressures created by the spread of the virus in Israel amidst a constitutional crisis that Israel went through during 2020- 2021. The HCJ is regarded by many as a strong and interventionist judicial institution. Often, critics argue that the degree of supervision exerted by the HCJ over both the Israeli bureaucracy and the political branches goes way beyond the traditional role of the judiciary, as envisioned by theorists of judicial review. My aim is to use this analysis …

Legal Accountability And Judicial Review During The Covid-19 Pandemic In Aotearoa New Zealand, Dean Knight

Georgia Law Review

The government in Aotearoa New Zealand, like other governments elsewhere, exercised significant and unprecedented power during the COVID-19 pandemic in order to combat the virus and to protect its people. The breadth and depth of the public health response also caused monumental interference in people’s lives. This Article discusses the way judicial review of administrative action was used to hold the government accountable in law for its public health response and provided an avenue for people to pursue grievances. The key phases of the public health response are described, and the types of power exercised are identified. The nature and …

The Role Of Sentiment In The Democratic Transition: A Reading On The Determinants Of The Revolution Spread (The Arabic Spring As A Model), Ahmed F. Ibrahim Al-Rimawi, Abdulqader A. Alazzeh

An-Najah University Journal for Research - B (Humanities)

The study seeks to reveal the reasons for the revolution’s transition from an Arab country (Tunisia) to other Arab countries (Egypt, Libya, Syria, Yemen) through what can be described as a (revolution stream). The study does not seek to determine the success or failure of the revolution in these Arabic countries, as much as it aims to study the motives for the transition of the revolution. Thus, to achieve this goal, the author divided the study into two main notions. The first notion aims at exploring the value of the “sentiments” in terms of its theoretical rooting as it has …

Luke Nottage & Makoto Ibusuki (Eds), Comparing Online Legal Education: Past, Present And Future (Intersentia, 2023), Chin Seng Bryan Leow, Kwan Ho Lau

Research Collection Library

This is a review of the book Comparing Online Legal Education: Past, Present and Future (Luke Nottage & Makoto Ibusuki, eds) (Intersentia, 2023)

Overcoming Recruitment And Retention Challenges In Law Enforcement: A Systematic Review, Richard Odin Segovia

Faculty Publications and Presentations

Purpose: This systematic review explores the recruitment and retention challenges in law enforcement, focusing on their impact on operational effectiveness and community safety. The goal is to synthesize existing literature to identify research gaps and suggest directions for future studies. By examining qualitative and quantitative research, this review aims to provide practical strategies to improve recruitment and retention in law enforcement. Methods: Searches were conducted using Google Scholar, JSTOR, and ProQuest to capture a broad range of law enforcement recruitment and retention studies. The selection process involved a systematic search that yielded 135 records. After removing duplicates, 42 studies were …

Saints, Satanists, And Religious Public Charter Schools, Allen Rostron

Tulsa Law Review

No abstract provided.

"Hi, Is This Item Still Available?": Social Media As A Marketplace For Human Skeletal Remains, Cameron Skinner

Tulsa Law Review

No abstract provided.

Cut The Cap: Proposing Further Change To Oklahoma's Repair And Deduct Statute, Jacy Holbrook

Tulsa Law Review

No abstract provided.

Rebooting The Supreme Court, Benjamin J. Priester

Tulsa Law Review

No abstract provided.

From Briefs To Bytes: How Generative Ai Is Transforming Legal Writing And Practice, Joe Regalia

Tulsa Law Review

No abstract provided.

Subsidiarity And The Best Interests Of The Child, Lindsay Saligman

Chicago Journal of International Law

In the context of adoption, subsidiarity is the principle that children should remain with their birth families whenever possible, and whenever not possible, that in-country placements should take precedence over intercountry adoption. This Comment looks at the specific meaning of subsidiarity in the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It highlights that the convention does not require intercountry adoption be a last resort, but rather that “due consideration” be given to placements “within the State of origin.” Then, the Comment looks at the domestic law of India, Colombia, and South Korea, three of …

Racial And Gender Bias In Child Maltreatment Reporting Decisions: Results Of A Randomized Vignette Experiment, Ian Ayres, Sonia Qin, Pranjal Drall

UC Law Journal of Race and Economic Justice

In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life events. We find that respondents were less likely to report potential child maltreatment when the vignette used non-white names to describe the family participants. Respondents were less likely to report when a male child was involved, and more likely to report when a male parent …

Faculty List

Tulsa Law Review

No abstract provided.

The Automation Paradox, Mbilike M. Mwafulirwa

Tulsa Law Review

No abstract provided.

Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma

Education Division Scholarship

A large body of literature substantiates women’s difficulties integrating into all levels of law enforcement. To understand the experiences of women police officers in the force, and to understand how law enforcement leaders view the role of women in leadership positions, this study focused on the perception of six women police officers–specifically, women police chiefs towards women who already assumed leadership positions, overcame challenges entering law enforcement and advancing into leadership positions, and collected their input on organizational decisions, policy, and recruitment of women officers. This study employs a qualitative phenomenological methodology and interviews six women police chiefs in depth. …

Catalyzing Public And Private Investments To Scale Up Socio-Bioeconomy And Nature-Based Solutions, Lara Fornabaio, Lisa E. Sachs, Meike Siegner, Vivek Pandey, Rajat Panwar

Columbia Center on Sustainable Investment

Socio-bioeconomy presents a promising approach to sustainable development by leveraging biological and social diversity to transition away from a fossil fuel dependent economy while simultaneously creating income and employment opportunities for millions of Indigenous and rural communities worldwide. Because the bioeconomy values the sustainable utilization of renewable biological resources, nature-based solutions (NbS), which are a facet of the socio-bioeconomy, gain increasing prominence. Socio-bioeconomy requires substantial investmentsfrom both public and private sectors to develop effective socio-biodiversity production systems. Socio-bioeconomy development will require improved institutional coordination, robust planning, and novel methodologies to measure trade-offs as well as promote synergies that can generate …

Masthead

UC Law SF International Law Review

No abstract provided.

Rules & Laws For Civil Actions: 2025 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …

Corporate Creditors Protection Rights Worldwide: Towards A Convergence Of Strategies, Samuel Biresaw, Mia Rahim, Michael Adams

Chicago Journal of International Law

Companies rely on creditors for funding to operate, making it crucial to have legislative and procedural frameworks that protect the interests of these creditors. This article engages in a comparative analysis of corporate creditors’ protection rights on a global scale, emphasizing the Ethiopian case. The study contends that while countries may adopt distinct approaches to safeguard corporate creditors, and variations may exist in the strictness of rules across different strategies, nations have a universal commitment to implement strategies to ensure adequate protection for creditors’ interests. Notably, the study underlines that, amid the surge in globalization and cross-border commerce, strategies for …

Disparately Disabled: Advocating For All Federal Courts Of Appeals To Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law, Dustine Bowker

Washington Law Review

People with disabilities have the same rights and deserve to enjoy the same privileges as everyone else. However, people with disabilities face societal inequities that hinder their full participation in society. As a result of persistent advocacy and civil protest, federal laws have been enacted to prohibit discrimination based on a person’s disability. Yet, policies that discriminate against people with disabilities have continued. One cause of this troubling situation is that federal circuit courts still disagree on whether federal disability rights laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), allow plaintiffs …

The Rule Of Law, The Lawyer’S Role As A Public Citizen, And Professional Identity: How Fostering The Development Of Professional Identity Can Help Law Schools Address The Crisis Facing American Democracy, Kendall Kerew

Mercer Law Review

American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. We must acknowledge that lawyers are the ones who have put democracy at risk. Lawyers are the ones who, in their role as zealous advocates, attempted to overturn the 2020 …

Table Of Contents

The University of New Hampshire Law Review

No abstract provided.

Major Reform With Minor Risk: Implementation Of Change Initiatives As A Learning Challenge, Sara J. Berman, Chance Meyer

The University of New Hampshire Law Review

The call for change in legal education has been loud and clear for more than a century. Despite some resistance among powerholders who benefit from status quo, faculty and administrators across the country work earnestly to solve problems, improve learning, and promote equity. Yet time and again, initiatives are logjammed, shot down as unworkable, misimplemented, or abandoned prematurely when they do not meet unrealistically high expectations for immediate, dramatic results. This article builds on the premises that (1) change is needed, (2) a wide range of sound change ideas for reform and progress are available, and (3) effective implementation of …

Language Models, Plagiarism, And Legal Writing, Michael L. Smith

The University of New Hampshire Law Review

Language models like ChatGPT are the talk of the town in legal circles. Despite some high-profile stories of fake ChatGPT-generated citations, many practitioners argue that language models are the way of the future. These models, they argue, promise an efficient source of first drafts and stock language. Others make similar claims about legal writing education, with a number of professors urging the acknowledgment of language models. Others go further and argue that students ought to learn to use these models to improve their writing and prepare for practice. I argue that those urging the incorporation of language models into legal …

Risk Taking And Reform In Legal Education, Mariah E. Thomas Thurston

The University of New Hampshire Law Review

No abstract provided.

Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed

The University of New Hampshire Law Review

Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory.

Today, half a century later, Dr. Rines’s vision not only endures, but flourishes.

In addition to becoming one of the world’s most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law∗ is the home of two pioneering …

Navigating State Interventions: The Pivotal Role Of Ptas In Modern Trade Conflicts, Andrew D. Mitchell

Chicago Journal of International Law

In international trade, State interventions often challenge the efficacy of traditional antidumping and countervailing measures under the World Trade Organization (WTO) framework. This article examines the limitations of the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures (SCM Agreement) in addressing State interventions, such as export taxes, export bans on raw materials, and non-commercial activities by State-owned enterprises. These interventions pose significant legal and economic challenges in global trade. The article advocates for the potential of preferential trade agreements (PTAs) as practical tools to address these challenges, surpassing traditional legal pathways under the Anti-Dumping Agreement. An analysis of …

Theorizing Constitutional Change In East Asia, John Gillespie

Chicago Journal of International Law

How do constitutions change in response to social problems? This Article explores why constitutions in three East Asian countries, namely Japan, Indonesia, and China, changed rapidly during times of social crisis and then incrementally evolved during periods of stability. It looks for explanations in historical institutionalism, a novel theory developed to understand the factors that give rise to the creation, persistence, and change of political institutions, such as constitutions. Constitutional change in these East Asian countries is explored by examining constitutionally defined eminent domain powers that enable governments to compulsorily acquire land in the public interest. The Article aims to …

Kids, No Phones At The Dinner Table: Analyzing The People’S Republic Of China’S Proposed “Minor Mode” Regulation And An International Right To The Internet, Tucker Craven

Chicago Journal of International Law

Around the world, governments are contemplating taking steps to reverse or mitigate the negative health and developmental effects that come from the increasing amount of time children are spending online and using screens. In 2023, the People’s Republic of China (PRC) released a draft regulation restricting minors’ screen time and internet use, which imposes a significant burden not only on children, but also on technology and internet companies that wish to continue operating in the country. However, the PRC’s proposed minor mode regulation is neither an extreme departure from the types of restrictions neighboring countries in East Asia have imposed …