Law Commons^™

Identity Transformation Through Transformative Learning: Nepali Mathematics Educators' Perspectives, Tara Paudel, Bal Chandra Luitel, Niroj Dahal

Transformations

This paper reflects the perspective of identity transformation of mathematics educators through the lens of transformative learning, foregrounded on Tara’s doctoral research journey. The process of identity transformation seeks to foster reformative skills at various levels by altering individuals and their identities. This is achieved by posing questions about the past that challenge deeply ingrained assumptions, beliefs, values, and perspectives. Therefore, this paper’s focus is on how transformative learning facilitates a shift in identity. This issue signifies a theoretical void that warrants further investigation. Consequently, this paper examines identity transformations through the theories and lens of transformative learning. In doing …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Fall 2023 Giftbag Giveaway, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Mmu: 11/27/23–12/03/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Journal Staff

Duke Law Journal

No abstract provided.

Science As Superstition: A Model Statute For Changed Science Claims, Jack D. Wasserman

Duke Law Journal

Over the last fifteen years, the legal community has increasingly recognized the role of “changed science” in contributing to wrongful convictions. Changed science wrongful convictions occur when the scientific evidence used to convict a criminal defendant at trial has since been questioned or repudiated by the greater scientific community. To address this issue, seven states have enacted “changed science writs,” providing petitioners who may have been wrongfully convicted with a more reliable state habeas mechanism to challenge their convictions. Under these statutes, petitioners may bring challenges based on now-discredited scientific evidence, new guidelines, expert recantations, and scientific advancements. Importantly, these …

America's Other Separation Of Powers Tradition, Jonathan L. Marshfield

Duke Law Journal

As the Supreme Court returns many critical issues to the states, the structure of state government is increasingly significant to the American constitutional order. From redistricting to reproductive rights, battles are raging over which state institutions should decide these important issues. Yet there is surprisingly little scholarship dedicated to the separation of powers under state constitutions. Instead, state doctrine and commentary tend to mimic themes in federal constitutional law and parrot Madisonian ideas of constitutional design. On this view, the separation of powers is based on carefully balanced intragovernment rivalries fueled by the private ambition of government officers. This competition …

Immigration Incentives In Fcpa Enforcement: The Case For Protecting At-Risk Foreign Whistleblowers, Ken Krmoyan

Duke Law Journal

In recent years, the Securities and Exchange Commission (“SEC”) has aggressively enforced the Foreign Corrupt Practices Act (“FCPA”), which prohibits bribing foreign officials for business purposes. In doing so, it has relied heavily on tips from its increasingly popular whistleblower program, including ones received from scores of foreign countries. However, foreign whistleblowers enjoy unequal protections vis-à-vis their U.S. counterparts. For instance, foreign whistleblowers are not protected against retaliation for lawfully reporting information to the SEC. Worse still, some foreign whistleblowers are less protected than others due to inadequate protections in their domestic systems, and some face especially great risks for …

Legal Ethics After #Metoo: Autonomy, Domination, And Nondisclosure Agreements, Sung Hui Kim

Duke Law Journal

The legal profession has long embraced what is called the “standard conception” of legal ethics, the prevailing model guiding the social and professional norms of American lawyers since at least the 1970s. The standard conception requires lawyers to promote their clients’ interests vigorously within the bounds of law and urges lawyers to be morally neutral toward lawful client ends, regardless of even the predictable consequences of their representations, including any harms inflicted on third parties or the public at large. Central to the most prominent defenses of the standard conception is the value of individual autonomy, specifically the client’s. According …

Ndls Communicator: Week Of 11.27.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Jay Tidmarsh presented his paper (co-authored with Tladi Marumo) on the subject of class representatives and class objectors at the University of Texas Law School on November 13.
• Paul Miller and Sam Bray have just published "Christianity and Equity,” which is a chapter in "The Oxford Handbook of Christianity and Law," edited by John Witte, Jr. and Rafael Domingo.
• Mark Hill KC and David H. McIlroy from the London Law Programme also contributed chapters in the handbook.
• Mary Ellen O’Connell has two new publications out. "The Role of Natural Law in the Rise and Decline of European …

Ace Your Exams With Cils, Cardozo International Law Society (Cils)

2023–2024 Flyers

No abstract provided.

Rise Up Cardozo Campaign Hits $37 Million, Benjamin N. Cardozo School Of Law

Cardozo News 2023

As we stand at the halfway point of Cardozo School of Law's transformative comprehensive campaign, Rise Up for Cardozo, the generous support of our alumni community has been both humbling and inspirational. To date, we have raised more than $37 million toward our goal to raise $50 million by our 50th Anniversary in 2026. This achievement is a testament to the dedication of our alumni community, whose invaluable contributions propel Cardozo forward.

Episode 5: Fair's Fair, Sara Gras

Season 01

One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between …

De Las 7 Bolas De Dragón A Los 7 Reinos De Poniente: Viajando Por La Ficción Para Transformar La Realidad, Vania C. Tovilla

Journal of Roleplaying Studies and STEAM

resumen

El libro es una muestra de la experiencia y dedicación que tiene Issac Pérez López, quien con más de veinte años de práctica en la creación de entornos lúdicos nos sumerge en una suerte de juego donde al leer sus páginas a través de un lenguaje coloquial y cercano. . a la realidad de los docentes del “Cole” nos ejemplifica y ayuda a comprender un poco más los conceptos y pasos que involucran el término “gamificación”.

Podría ser considerado un libro de autoayuda potenciado (en el buen sentido) para los docentes que se están integrando al mundo de los …

Editorial - Sangre, Sudor, Lágrimas Y Burocracia, Mauricio Rangel

Journal of Roleplaying Studies and STEAM

Estamos muy contentos con la edición de este tercer número del Journal of Roleplaying Studies and STEAM, en primer lugar porque ¡ya contamos con ISSN!, suena a un logro menor pero debemos considerar los vericuetos burocráticos por los que hemos pasado semana tras semana para lograrlo.

Aprendizaje Situado En Mundos Virtuales, Una Experiencia De Participación A Través De Juegos De Rol., Vania C. Tovilla

Journal of Roleplaying Studies and STEAM

En tiempos actuales el uso de las tecnologías y la comunicación masiva se hace cada vez más frecuente, ya sea por medio de Internet, los teléfonos inteligentes y otros instrumentos que quizás resignifican el modo en el que los jóvenes en la actualidad conciben términos como virtualidad, aprendiendo y sobre toda la realidad, relacionándose con otros alrededor de todo el mundo. Es quizás por este auge de tecnologías que surgió en el año 2003, la herramienta virtual Second Life ; concebida como un mundo complejo y completamente virtual que permite a los usuarios aprender y vivir en otra realidad como …

A Comparative Analysis Of The Animal Protection Laws In The United States And Switzerland, Kelly Ziyu Xia

Cardozo International & Comparative Law Review (CICLR) Blog

In the words of Mahatma Gandhi, “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” This statement underlines the significance of how a society cares for those under its dominion, particularly those who are defenseless. Animal welfare laws vary widely across the globe, reflecting the diverse approaches taken by different countries to protect the interests of animals. While the United States has made commendable strides, the current legal framework for animal protection remains inadequate. Both Switzerland and the United States have federal laws that aim to protect animal welfare, but …

Book Review On Consumer And Sme Credit Law By Nora Beausang, Prof. (Dr.) G.S. Bajpai, Dr. Sushila

International Journal on Consumer Law and Practice

In this book review, the authors review the book titled "Consumer and SME Credit Law" by Nora Beausang which addresses in detail legal requirements applicable to the provision of financial services to consumers/SMEs and conduct of business regulatory issues relevant to consumer protection in Ireland, a highly regulated common law jurisdiction. The book analyses how the Irish regulators and courts have dealt with the consequences of, and inevitable upsurge in, civil disputes arising from the fallout from the global financial crisis and an overheated residential property market in the context of national, EU and internationally-derived regulatory requirements.

Unethical Marketing And Advertising To Children: Need For Regulation, Dr Sheetal Kapoor, Vikas Trivedi

International Journal on Consumer Law and Practice

The International Organization for Standardization (ISO) lays emphasis to regulate advertising targeted at children globally as kids are inexperienced and vulnerable to adverse impact of promotions by marketers and such regulations are trailing behind.1 Ensuring a robust regulatory mechanism and its effective enforcement remains the biggest challenge globally. The present paper studies the rationale of advertisements targeting children, assesses the impact of contemporary media advertisements on children and appraises the existing regulatory landscape of children targeted advertisements in India. It pushes for the need for stronger regulatory framework in the emerging markets.

Is Right To Repair One’S Own Good A Consumer Right? An Analysis Of The Changing Dimensions Of Consumer Rights In India., Tr Subramanya, Nidhi Saroj

International Journal on Consumer Law and Practice

The “Right to Repair” is a novel and non - traditional legal concept that addresses granting of the right to fix a damaged product, such as a car or smartphone, or to make any changes to such a device by the owner, the maker, or a third-party repair store. A growing global movement, the “right to repair” promotes consumers’ independence by allowing them to perform maintenance and repairs on their own equipment rather than being limited to the manufacturer’s service options. Countries throughout the world including United States and the United Kingdom have enacted laws by way of protecting citizens’ …

Navigating Unfair Contract Terms: Drawing Insights From Australia In Addressing The Legal Conundrum In Malaysia, Ibtisam@Ilyana Ilias, Norazlina Abdul Aziz, Hariz Sufi Zahari, Helza Nova Lita

International Journal on Consumer Law and Practice

In Malaysia, the regulation of unfair contract terms within business-to-consumer contracts falls under the jurisdiction of Part IIIA of the Consumer Protection Act 1999. This regulatory framework is overseen by the Ministry of Domestic Trade and Living Cost. However, the effectiveness of Part IIIA is hindered by certain gaps, resulting in its infrequent utilization for determining unfair terms in consumer contracts. One of the primary challenges lies in interpreting key terms such as “harsh,” “oppressive,” “unconscionable,” and “adequate justification.” These ambiguities often remain unresolved until legal proceedings take place. Complicating matters, doubts persist regarding the applicability of the Consumer Protection …

Dark Patterns In A Bright World : An Analysis Of The Indian Consumer Legal Architecture, Sandeep Sharma J., Ishita Sharma Dr.

International Journal on Consumer Law and Practice

Dark patterns’ are consumer targeted marketing strategies that capitalize on cognitive biases of consumers’ propelling them to make decisions, contrary to their intended preferences. The term dark patterns coined by user designer Harry Bignull has gained traction recently, due to its correlation with psychological responses that are produced through nudges that are unaligned to the consumers’ original preference. The consumer responses elicited through the use of such dubious nudges have a direct correlation with the way human brain functions. These covert strategies employed by digital marketing platforms capitalize through behavioral science, aimed at their economic growth compromising the consumers’ free, …

The Economics Of Repair: Fixing Planned Obsolescence By Activating The Right To Repair In India, Dunia Zongwe, Mahantesh Gs, Mamatha R

International Journal on Consumer Law and Practice

This paper examines the lack of a Right to Repair (R2R) legislation in India, particularly in the technology sector, and proposes key principles for an optimal Right to Repair Act based on competition economics and consumer choice. In the current scenario, electronic devices are often designed with planned obsolescence, leading to limited lifespans and encouraging a cycle of consumption and disposal, which negatively impacts the economy, society, and the environment. The global R2R campaign aims to balance societal rights and corporate interests by empowering consumers with the right to repair their devices.

Our research is the first to develop core …

Consumer Harms Arising From The Competition Dynamic Of E-Commerce Platforms In Malaysia, Tze Chin Ong Dr, Mei Fei Lee Ms., Norhoneydayati Abdul Manap, Zalina Abdul Halim Dr., Sridevi Thambapillay

International Journal on Consumer Law and Practice

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has …

Re-Examining Consumers' Rights For Quality Telecommunication Service In Nigeria: Are We There Yet ?, Uche Nnawulezi, Oguguo Paschal Olebara, Empire Hechime Nyekwere

International Journal on Consumer Law and Practice

Telecommunication service is at the heart of most critical economic and developmental issues faced by the world today. Nigeria is amongst the largest telecommunication service subscribers around the globe. The paper examined the telecommunication sector of Nigeria and the progress made in respect of quality, efficient, affordable and reliable telecommunication services to the consumer. Basically, the purpose of this paper is to consider whether or not the telecommunication sector of Nigeria since its emergence has improved and to what extent. It is argued that the basic right of a consumer is the promotion of quality, fair, accessible and sustainable market …

Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot

International Journal on Consumer Law and Practice

This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …

Equity And Expedition In Consumer Law And Justice: Some Thoretical Reflections And Practical Concerns, Prof. Upendra Baxi

International Journal on Consumer Law and Practice

This essay examines the notions of consumer in various incarnations as Grahak and Upbhokta, ethical consumer. alienated consumer, and the involuntary consumer in the context of consumer law and justice (CLJ) and consumer education. In many senses, the idea of ‘consumer’ is a recent idea as a market subject both to necessary and unnecessary market evils and modern law enacts ‘consumer protection’ as reform and rationalization of the market leaving intact the mode of production or the structures of the economy. That tension is aggravated by the further questions as to whether consumer rights are human rights. And these may …

State Consent And The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

Like all law, international law is a practice of reason-giving, one in which agents invoke legal norms to justify their conduct. Practitioners of inter- national law generally proceed on the assumption that those norms do, in fact, justify the conduct they sanction. Theorists, in contrast, tend to take a more critical stance towards the practice of international law, including the assumption that the law succeeds in providing a justification for its subjects’ conduct. Why treat the claim that international law prohibits Φ-ing as in itself a reason not to Φ? Or using the terminology I will employ in this chapter, …

The Myth Of The Federal Private Nondelegation Doctrine, Alexander Volokh

Notre Dame Law Review

Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a “private nondelegation doctrine” is elusive, if not nonexistent. To understand why, first we need to realize that there are actually several distinct nondelegation doctrines. I develop a taxonomy that makes sense of these various doc-trines by focusing on the different reasons why a delegation might be problematic. A nondelegation doctrine might be “giver-based” (can Congress delegate this power?), “recipient-based” (can the recipient exercise this power?), or “application-based” (will the application of this power be unjust?). Once we distinguish these doctrines, …

What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton

Notre Dame Law Review

Securities law has long regulated securities-related speech—and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court’s twenty-first-century Free Speech Clause doctrine has inspired corporate speakers’ increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …