Some Initial Thoughts On Wilson V. Atomic Energy Of Canada Ltd And Edmonton (City) V. Edmonton East (Capilano) Shopping Centres Ltd,
2017
Dalhousie University Schulich School of Law
Some Initial Thoughts On Wilson V. Atomic Energy Of Canada Ltd And Edmonton (City) V. Edmonton East (Capilano) Shopping Centres Ltd, Diana Ginn
Articles, Book Chapters, & Popular Press
Administrative law focusses on the way in which, and the extent to which, courts should oversee the exercise of administrative authority. The law on substantive review of administrative decision-making has changed drastically over the last several decades, particularly around choice of standard of review. In the words of the Honorable John M Evans, courts have returned to this issue “with almost monotonous regularity over the last 30 years”. Two Supreme Court of Canada decisions from 2016, Wilson v Atomic Energy of Canada Ltd and Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd, have regenerated discussion about standard of …
Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases,
2017
Emory University School of Law
Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Faculty Articles
American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …
Custom In Our Courts: Reconciling Theory With Reality In The Debate About Erie Railroad And Customary International Law,
2017
Duke Law School
Custom In Our Courts: Reconciling Theory With Reality In The Debate About Erie Railroad And Customary International Law, Nikki C. Gutierrez, Mitu Gulati
Faculty Scholarship
One of the most heated debates of the last two decades in U.S. legal academia focuses on customary international law’s domestic status after Erie Railroad v. Tompkins. At one end, champions of the “modern position” support customary international law’s (“CIL”) wholesale incorporation into post-Erie federal common law. At the other end, “revisionists” argue that federal courts cannot apply CIL as federal law absent federal legislative authorization. Scholars on both sides of the Erie debate also make claims about the sources judges reference when discerning CIL. They then use these claims to support their arguments regarding CIL’s domestic status. Interestingly, neither …
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke,
2017
University of Maryland Francis King Carey School of Law
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin
Faculty Scholarship
No abstract provided.
A Means To An Element: The Supreme Court's Modified Categorical Approach After Mathis V. United States,
2017
Northwestern Pritzker School of Law
A Means To An Element: The Supreme Court's Modified Categorical Approach After Mathis V. United States, Michael Mcgivney
Journal of Criminal Law and Criminology
No abstract provided.
Using Feminist Theory To Advance Equal Justice Under Law,
2017
Pace University School of Law
Using Feminist Theory To Advance Equal Justice Under Law, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This essay provides an overview of the purposes, themes and scholarly methodologies evidenced at the October 2016 conference, The U.S. Feminist Judgments Project: Writing the Law, Rewriting the Future, a two-day conference hosted by the Center for Constitutional Law at the University of Akron School of Law. This essay provides some of the background to the development of the path-breaking book, Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Cambridge University Press, 2016). It also focuses attention on the importance of diversity on the bench, with a particular need for judges who understand or experience the intersecting relationships …
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences.,
2017
St. Mary's University
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
St. Mary's Law Journal
Abstract Forthcoming.
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce.,
2017
St. Mary's University
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel
St. Mary's Law Journal
Abstract Forthcoming.
Pipe(Line) Dreams Post-Denbury Green.,
2017
St. Mary's University
Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo
St. Mary's Law Journal
In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …
Tx Rice V. Denbury.,
2017
St. Mary's University
Can Mediation Deliver Justice?,
2017
Egyptian Ministry of Justice
Can Mediation Deliver Justice?, Sherif Elnegahy
Cardozo Journal of Conflict Resolution
Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …
Reconsidering Substantive Canons,
2017
St. John's University School of Law
Reconsidering Substantive Canons, Anita S. Krishnakumar
Faculty Publications
This paper provides the first empirical study of the Roberts Court’s use of substantive canons in its statutory interpretation cases. Based on data from 295 statutory interpretation cases decided by the Roberts Court during its first six-and-a-half terms, the paper argues that much of the conventional wisdom about substantive canons of statutory construction is wrong, or at least overstated with respect to the modern Supreme Court. Substantive canons — such as the rule of lenity, the avoidance canon, or the presumption against extraterritorial application of domestic laws — have long been criticized as undemocratic judge-made rules that defeat congressional intent, …
Gun Rights And The New Lochnerism,
2017
FAMU College of Law
Gun Rights And The New Lochnerism, Areto A. Imoukuede
Journal Publications
This Article examines the Supreme Court's recent Second Amendment cases as applications of the same libertarian bias that has undermined constitutional law's fundamental rights doctrine. The concept of a libertarian bias that is based in a New Lochnerism was previously introduced in both The Fifth Freedom and The New Due Process. The analysis here demonstrates that the recently revised doctrine regarding the Second Amendment and gun rights is driven by the current Supreme Court ("Court") hostility towards government regulation in a manner that is akin to what was seen during the Lochner Era. Regrettably, this Article is timely and is …
The English Rule - It Ain't English, And Ought Not Be American.,
2017
St. Mary's University
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
St. Mary's Law Journal
Abstract Forthcoming.
The Demise Of Anti-Panhandling Laws In America.,
2017
St. Mary's University
The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig
St. Mary's Law Journal
Abstract Forthcoming.
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed.,
2017
St. Mary's University
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera
St. Mary's Law Journal
Abstract Forthcoming.
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On.,
2017
St. Mary's University
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks
St. Mary's Law Journal
Abstract Forthcoming.
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation,
2017
University of Baltimore School of Law
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson
All Faculty Scholarship
No abstract provided.
The History And Legacy Of The Pound Conferences,
2017
Roytberg Traum Law and Mediation, P.C.
The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas
Cardozo Journal of Conflict Resolution
In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth,
2017
Benjamin N. Cardozo School of Law
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor
Cardozo Journal of Conflict Resolution
Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …
