Law and Society Commons^™

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

Towards A Just Transition Impact Assessment Framework, Adebayo Gbenga Majekolagbe

PhD Dissertations

Just transition is a contested notion. Its definitions range from status quo enforcing to transformation engendering. Traditionally, just transition focuses on local jobs and workers. Its application within the climate change context retains this traditional focus. From its recognition in the Paris Agreement to its incorporation in domestic transition laws and policies, just transition is essentially interpreted as jobs transition. Further, the scholarship and law of just transition are primarily normatively built on the distributive and procedural conceptualizations of justice. Also, although planning is construed as central to a just transition, there is no clarity on how abstract proposals on …

Rescaling City Property, Amnon Lehavi

Arkansas Law Review

This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.

Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence

Faculty Scholarship

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …

Power And Persuasion In The Courtroom: The Force Of Law And The Settlement Dynamics Of Judges, Hadas Cohen, Michal Alberstein

Cardozo International & Comparative Law Review

This Article seeks to describe the shift in the legitimation of judicial authority in the age of the "vanishing trial," in circumstances where adjudication on the merits of the case in question has been replaced by the promotion ofjudicial settlement. Based on data collected during a five-year study funded by the European Research Council ("ERC") and drawing from studies in social psychology and conflict resolution, we analyze the judicial conflict resolution practices used in Israel's Magistrate Court in Tel Aviv to promote settlement, and from this depict a new taxonomy of power relations in the courtroom. This move, from adjudication …

Learning From Guantanamo: Avoiding Legal Black Holes In Outer Space, Mia Bonardi

Cardozo International & Comparative Law Review

"Legal black holes" are spaces beyond the reach of enforceable law and thus inflict people within their pull with "rightlessness." The term "legal black hole" arose originally around the Guantinamo Bay detention center, but it has since been used in other contexts, such as migrant drownings. There is a new frontier for legal black holes in the space beyond Earth. This topic is timely and pertinent to modern application because if places or spaces exist where fundamental laws cannot be applied or enforced, then such legal black holes undermine the rule of law.

This Article argues that outer space is, …

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis March 28, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu

St. Mary's Law Journal

This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan

Sustainable Development Law & Policy

Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …

Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer

Sustainable Development Law & Policy

National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …

Pedal Into The Future, Elliot Wiley

Sustainable Development Law & Policy

Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.

Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk

Sustainable Development Law & Policy

Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …

Toward A Utah Intentionally Created Surplus Program, Devin Stelter

Sustainable Development Law & Policy

The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …

About Sdlp, Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …

Endnotes, Sdlp

Sustainable Development Law & Policy

No abstract provided.

Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

Sustainable Development Law & Policy

The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …

It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak

Sustainable Development Law & Policy

Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …

Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci

Sustainable Development Law & Policy

This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …

About Sdlp, Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

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.

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

After 'Subsistence Work': Labour Commodification And Social Justice In The Household Workplace, Liam Mchugh-Russell

Articles, Book Chapters, & Popular Press

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that …

Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto

Indonesian Journal of International Law

This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification …

Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore

Faculty Scholarship

Ouroboros—the circular symbol of the snake eating its tail; an endless cycle. As the U.S. recently withdrew from Afghanistan in chaos and Russia invaded Ukraine, the attention of Americans turned, as it frequently has in times of international conflict, to the plight of children in need of rescue. For many Americans, rescue is synonymous with adoption. The history of international adoption began with rescues following America’s wars in Europe and Asia and continues today through other violent upheavals. International adoption is an ouroboros, repeating the pattern of adoption as a response to humanitarian crises. But as human and charitable as …

P*Law 2023, Center For Public Service Law

2022–2023 Flyers

This document provides the complete schedule for P*LAW Week 2023 at Cardozo School of Law, organized by the Center for Public Service Law. Held from January 23 to January 26, the week featured panels, workshops, and interactive events addressing pressing issues in public interest law. Topics included judicial independence, disability rights, reproductive justice, climate legislation, student mental health, comprehensive sexual education, and qualified immunity. Events also offered students career support through the PILC Fair prep session and Mentor Mock Interviews, fostering professional growth and public service engagement.

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …