Law Commons^™

25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Analysis On The Fluctuations In Port Demand Caused By The Change In International Trade Of The Countries Along The 21st Century Maritime Silk Road : Take The Asean Countries For Example, Ziyi Shu

World Maritime University Dissertations

No abstract provided.

Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter

Pepperdine Law Review

Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …

Poland's Rule Of Law Snowball: The Increasing Severity Of The Rift Between Poland And The European Union, Ronan A. Nelson

San Diego International Law Journal

This Comment will analyze one of the most recent bouts between the EC and Poland in their ongoing struggle over the image of European democracy, rule of law, and national sovereignty: the European Court of Justice’s June 2021 decision in Commission v. Poland. The EU’s conceptions of western democracy and rule of law, including strict adherence to the impartiality of a judicial branch, created the EC’s legal theory for taking a stand against Poland’s autocratic government. However, Poland’s ultimate sovereignty, brought to heightened attention thanks to its far-right leadership, stands in stark opposition to the perceived overreach of the …

Criminal Liability Of Paramedical Professionals For Disclosing Medical Secrets: “An Analytical Study Of The Legislation Applied In Palestine”, Mohammad Shtayah

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

This study aimed at identifying the penal responsibility of those with health professions helping to maintain the professional (medical) secret that the patient discloses or reached by the profession on his own. The context of the legal texts, and the researcher has reached many results, the most important of which are: that the duty to maintain medical confidentiality is one of the most important duties entrusted to the providers of assistive health services, and that the disclosure of the assistive health service provider to the professional secret is a criminal misdemeanour, and the legislation in force in the State of …

Virginia Bar Exam, July 2023, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2023, Section 1

Virginia Bar Exam Archive

No abstract provided.

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

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

State Of Utah, Plaintiff / Appellee V. Scott Keith Warner, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Cristina Ortega, District Court No. 201901836

Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Counsel for Appellant

Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry

Other Publications

I recently received an email from a former student (now a public interest lawyer) who had just finished a major writing project. She wanted to thank me for introducing her to the psychologically liberating concept of “shitty first drafts.” Without it, she said, she probably would have never hit her deadline.

The Global Health And Care Worker Compact: Evidence Base And Policy Considerations, Eric A. Friedman, Robert Bickford, Charles Bjork, James Campbell, Giorgio Cometto, Alexandra Finch, Catherine Kane, Sarah A. Wetter, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Background During the COVID-19 pandemic, and recognising the sacrifice of health and care workers alongside discrimination, violence, poor working conditions and other violations of their rights, health and safety, in 2021 the World Health Assembly requested WHO to develop a global health and care worker compact, building on existing normative documentation, to provide guidance to ‘protect health and care workers and safeguard their rights’.

Methods A review of existing international law and other normative documents was conducted. We manually searched five main sets of international instruments: (1) International Labour Organization conventions and recommendations; (2) WHO documents; (3) United Nations (UN) …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii

Sustainable Development Law & Policy

Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …

Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill

Sustainable Development Law & Policy

“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …

The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens

Sustainable Development Law & Policy

Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …

Editors' Note, Rachel Keylon, Meghen Sullivan

Sustainable Development Law & Policy

For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.

Amicus Curiae Brief Of International Scholars In Support Of Appellee And Affirmance, Paul M. Levine, James J. East Jr., Carlos Ramos-Mrosovsky, Diane Desierto

Court Briefs

No. 23-7008
Ioan Micula v. Government of Romania

On Appeal from the United States District Court for the District of Columbia, Case No. 1:17-cv-02332-APM Hon. Amit P. Mehta, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID award in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state dispute settlement, and precisely the result …

Ndls Communicator: Week Of 07.24.23, Notre Dame Law School

NDLS Communicator

The Latest News

• 2023 Notre Dame Religious Liberty Summit Protecting Religious Liberty in a Rapidly Evolving Society
• ND Law’s Exoneration Justice Clinic hosts two interns from Strathmore Law School in Kenya
• ND Law Dean G. Marcus Cole included on list of Indiana’s most influential leaders
• Bruce Huber was quoted in the Washington Post article, "How a tree dispute between New Jersey neighbors took over the internet."
• Christian Burset wrote a blog post for Yale Journal on Regulation that compares the Major Questions Doctrine to 18th-century approaches to identifying the limits of executive authority.
• Paul Miller, along with Thilo Kuntz from …

Social Justice Autobiography, Merrick Moore

Writing Beyond the Prison Living Archive

Memoir

Aluta Continua–The Struggle Continues, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

Love Unchained: For Black Women, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

The Racialized History Of Vice Policing, India Thusi

Articles by Maurer Faculty

Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States—such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and preserving the moral integrity of the policed communities by eradicating vice. Instead, the history of vice policing provides an example of the racialized nature of policing in the United States. Vice policing has been focused on (1) maintaining racial segregation, (2) containing vice in marginalized communities, and (3) …

Cardozo Law News Brief: July 21, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Andrea Schneider
• Matthew Wansley
• Sam Weinstein
• Jessica Roth
• Kate Shaw
• Alma Magana
• Anthony Sebok
• Edward Zelinsky

State Of Utah V. Joshua Clayton Nelson, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Wasatch County, Honorable Jennifer A. Mabey presiding, District Court No. 211500195, Mr. Nelson is not incarcerated

Sean Reyes (7969) Utah Attorney General Counsel for Appellee

Benjamin Miller (17720) Debra M. Nelson (9176) Utah Indigent Appellate Defense Division Counsel for Mr. Nelson

Nd Law Dean G. Marcus Cole Included On List Of Indiana’S Most Influential Leaders, Notre Dame Law School

2019–Present: G. Marcus Cole

IBJ Media — the parent company of the Indianapolis Business Journal, Inside INdiana Business, and Indiana Lawyer — published its second annual Indiana 250 list of the state’s most influential leaders today.

G. Marcus Cole, the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School, was among those recognized.

Perma.cc

Timothy Skidmore And Cindy Gillman As Heirs And Personal Representatives Of Christina Skidmore, Plaintiffs/Appellants. V. Sandy Health & Rehab : Daffodi Holdings, Llc Dba Sandy Health & Rehab: Racheal Stubbs, Md: And Elizabetii Velapatino, Lpn, Defendants/Appellees: Appellees Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Amy Oliver, Case No. 180907304

Robert D. Strieper, Strieper Law Firm, Attorney for Appellant

Alexander Dushku, Justin W Starr, James T. Burton, Austin D. Westerberg, Attorneys for Appellees

Skidmore, Deceased, Appellants/Plaintiffs V. Sandy Health & Rehab; Daffodil : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Amy Oliver, Case No. 180907304

Robert D. Strieper Strieper Law Firm Attorney for Appellant

Alexander Dushku (7712) Justin W Starr (10708) James T. Burton (11875) Austin D. Westerberg (16983) KIRTON McCONKIE Attorneys for Appellees

Ontological Constructivism In Higher Education: To Have, To Know, To Be, Richard Dubé

Turning Toward Being: The Journal of Ontological Inquiry in Education

The first objective of this article is to acknowledge the significant contribution of constructivism in its ability to critically challenge what realism often takes for granted as certain or as the truth. The second is to explore how it could go much further, beyond thinking and into being. Having concerned itself mostly with epistemology and the transformation of our ways of thinking, constructivism has come to neglect ontology and the possible transformation of our ways of being. Such an ontological turn is considered important for the reform of higher education.

Editorial Statement: Volume 1, Issue 1, Carolyne J. White, Margarida Garcia, Drew Kopp

Turning Toward Being: The Journal of Ontological Inquiry in Education

No abstract provided.