Law Commons^™

Between An Abercrombie Rock And A Hard(Ison) Place: Muslim Head Coverings, Corporate Dress Policies, And The Unresolved Tensions Between Workplace Religious Accommodation And Undue Hardship, Richard D. Crane

Law School Student Scholarship

No abstract provided.

The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis

Law School Student Scholarship

No abstract provided.

Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos

Law School Student Scholarship

No abstract provided.

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...

Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers

All Faculty Scholarship

To speak of “empire” today is to evoke the history of China and of Rome, two great empires that vastly influenced the culture and development of half the globe. The whole world has been touched by their powerful examples, so that even someone writing, as I do, in a distant corner of North America, feels the history and influence of the Roman and Chinese empires every day. Nor are they unique. Something like “empire” has arisen wherever there was wealth and stability to support it. Rome and China had numerous rivals in the East and West who aspired to empire ...

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space ...

Opening Remarks, Emory Law Journal, Mary Anne Bobinski

Randolph W. Thrower Symposium

No abstract provided.

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...

Non-Judicial Constitutional Interpretation: The Netherlands, De Maartje Visser

Research Collection School Of Law

The Netherlands merits attention as one of the shrinking number of countries that continue to resist assigning principal responsibility to the courts for ensuring constitutional supremacy. Responsibility for evaluating the constitutionality of legislation is instead entrusted to both houses of parliament, ministerial bureaucracies, the Council of State, quasi-autonomous entities, and civil society as well as the courts. A case study of the Netherlands yields several important insights into the practice of constitutional interpretation.First, judicial review of legislation is not essential to the success of liberal democracy or the protection of constitutional rights. The absence of judicial review has not ...

Admissions To The Bar

West Virginia Law Review

No abstract provided.

Lowering The Barriers To Medication Treatment For People With Opioid Use Disorder: Evidence For A Low-Threshold Approach, Shoshana V. Aronowitz, Czarina Navos Behrends, Margaret Lowenstein, Bruce Schackman, Janet Weiner

Issue Briefs

Overdose deaths have reached unprecedented levels in the U.S., despite effective medications to treat opioid use disorders (OUDs). Because the regulatory and administrative barriers to treatment are high, only about 11% of people with OUD receive effective medications, which include buprenorphine, methadone, and naltrexone. In response, clinicians and advocates have looked to a “low-threshold” approach that reduces the stigma surrounding effective medications and facilitates their use. This brief summarizes the barriers to treatment, the evidence on the low-threshold approach, and areas for future research. The evidence suggests that low-threshold approaches can increase access to treatment, with outcomes comparable to ...

Administrative Law: Governing Economic And Social Governance, Cary Coglianese

Faculty Scholarship at Penn Law

Administrative law refers to the body of legal doctrines, procedures, and practices that govern the operation of the myriad regulatory bodies and other administrative agencies that interact directly with individuals and businesses to shape economic and social outcomes. This law takes many forms in different legal systems around the world, but different systems of administrative law share in common a focus on three major issues: the formal structures of administrative agencies; the procedures that these agencies must follow to make regulations, grant licenses, or pursue other actions; and the doctrines governing judicial review of administrative decisions. In addressing these issues ...

Business Warfare, Tom C.W. Lin

Boston College Law Review

Businesses are under attack. State and non-state adversaries are assaulting companies using drones, mercenaries, cyberweapons, sanctions, and restrictions. Instead of military installations and government institutions, private firms are often the preferred targets in this mode of warfare. Instead of soldiers and squadrons with bullets and bombs, the weapons of choice are frequently economic hostilities and cyberattacks. This is the new war on business.

This Article offers an original examination of contemporary business warfare, its growing importance to national and corporate affairs, and the need for better pragmatic approaches to understanding and addressing its rising threat to our economic stability, national ...

Doing Away With Disorderly Conduct, Rachel Moran

Boston College Law Review

Disorderly conduct laws are weapons the powerful wield against the unpopular. All fifty states and many municipalities have disorderly conduct laws that criminalize speech and conduct ranging from unreasonable noise to opprobrious language. Although these laws are facially neutral, their astounding breadth and vagueness serve as a rubber stamp for law enforcement to surveil and criminally charge marginalized people. Their targets include communities of color, people with unpopular religious or political beliefs, and people whose mental health struggles render them incapable of complying with societal expectations of order. Although courts and scholars have criticized these laws for decades, none have ...

Virtual Annual Meetings: A Path Toward Shareholder Democracy And Stakeholder Engagement, Yaron Nili, Megan Wischmeier Shaner

Boston College Law Review

From demanding greater executive accountability to lobbying for social and environmental policies, shareholders influence how managers run modern companies. In corporate doctrine, the principal venue reserved for shareholders to influence and engage with management and each other is the annual shareholders meeting. Historically, the annual meeting was a vibrant forum for shareholder democracy and occasionally even a platform for debating pressing social issues. For decades, however, the role of the annual meeting in corporate governance has been in decline, resulting in today’s largely pro forma annual meetings. This Article explores how technological integration can resurrect the annual meeting as ...

Best Frenemies: Evaluating The Dual Jurisdiction Of The Federal Antitrust Agencies, Kimberly H. Anker

Boston College Law Review

What happens when Congress grants two federal regulatory institutions dual jurisdiction over the enforcement of the antitrust law, but then fails to provide instructions on how to divide up the responsibility? The U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have concurrent jurisdiction over the enforcement of federal antitrust law in the United States. Historically, the DOJ and FTC have worked in tandem as a unified front, but tensions have been steadily increasing between the two agencies. These mounting tensions recently reached two very public boiling points. The first was in September of 2008 ...

Executing Defendants With Intellectual Disabilities: Unconstitutional In Theory, Persistent In Practice, Victoria E. Broderick

Boston College Law Review

In 2002, in Atkins v. Virginia, the Supreme Court abolished the death penalty for defendants with intellectual disabilities. The Court held that executing individuals with intellectual disabilities is cruel and unusual punishment, violating the Eighth Amendment. The Court afforded the states the power to define intellectual disability for the purpose of death penalty eligibility. Post-Atkins cases reveal that the states have composed superficial and oversimplified definitions of intellectual disability. State definitions lack consistency and include nonclinical standards. As a result, courts continue to sentence defendants with intellectual disabilities to death. This Note argues that states should adopt a uniform ...

"Whose Electors? Our Electors!": Due Process As A Safeguard Against Legislative Direct Appointment Of Presidential Electors After An Election, Anh Duy Nguyen

Boston College Law Review

Prior to the 2020 general election, some commentators suggested that President Donald Trump and his allies would attempt to undermine the election’s result by inducing Republican-controlled state legislatures to directly appoint pro-Trump electors to the Electoral College. As predicted, after losing his re-election bid to President Joe Biden, President Trump pressured some leaders in Republican-dominated state legislatures to ignore the election’s result and to appoint electors who would vote for him in the Electoral College. Although these efforts were unsuccessful, the volatility of the current political landscape suggests that this issue might emerge again in a future election ...

Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James

Boston College Law Review

Animus and discrimination are the two legal lenses through which inequality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable political conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or concede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public ...

Bond, Jinxed Bond: Advocating For The Repeal Of The Statutory Ban On Federal Review Of Discretionary Bond Determinations Under 8 U.S.C. § 1226(E), Chelsea B. Eddy

Boston College Law Review

On average, the government detained a daily population of 19,416 noncitizens in fiscal year 2021. Of the 22,712 bond hearings immigration courts held during this same period, judges denied bond in sixty-nine percent of the cases. Despite the fact that many of these individuals could spend months or even years in detention, the decision of whether to detain belongs exclusively to the Executive Branch, and usually a single immigration judge, without opportunity for judicial review. Consequently, the lack of opportunity to contest the immigration judges’ decisions in federal court has in part led to the prolonged detention of ...