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The Plaintiff's Plight: Altering Alaska's Rule 82 Tobetter Compensate Plaintiffs, Matthew Naiman 2022 Duke Law

The Plaintiff's Plight: Altering Alaska's Rule 82 Tobetter Compensate Plaintiffs, Matthew Naiman

Alaska Law Review

Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys ...


Note From The Editor, 2022 Duke Law

Note From The Editor

Alaska Law Review

No abstract provided.


Ancsa Corporation Proxy Wars, Aaron M. Schutt 2022 Duke Law

Ancsa Corporation Proxy Wars, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act in 1971 (ANCSA), it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. The Act made governance of those corporations largely subject to Alaska state law, including the laws and regulations applicable to corporate elections. This Article reviews the legal history of the corporate proxy wars and related election issues that the ANCSA corporations and candidates for their boards of directors have waged over the past nearly fifty years in proxy complaints filed with the Alaska Division of Securities, and in state and ...


Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale 2022 Duke Law

Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale

Alaska Law Review

In 2019, a pastor of the Church of the Flying Spaghetti Monster, a "Pastafarian," raised concerns about the entanglement of Alaskan local government and religion. His commentary highlighted the need to take a fresh look at Alaska's establishment clause jurisprudence. While Hunt v. Kenai Peninsula Borough addressed legislative prayer, further questions remain open about the limits of public spending on religious institutions, the need to honor Alaska’s religious diversity, and the role of religion in everyday Alaskan government. While the Alaska jurisprudence has not changed much since the 1980s, the Pastafarians have demonstrated that establishment clause debates are ...


A Bibliography Of Faculty Scholarship, Law Library 2022 The Catholic University of America, Columbus School of Law

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 ...


Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain 2022 The Graduate Center, City University of New York

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...


The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam 2022 The Graduate Center, City University of New York

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in ...


Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed 2022 American University in Cairo

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human ...


Esg Reporting Impact On Accounting, Finance, Kamala Raghavan 2022 St. John's University

Esg Reporting Impact On Accounting, Finance, Kamala Raghavan

Journal of Global Awareness

The terms ESG (Environmental, Social, and Governance), sustainability, and corporate social responsibility (CSR) reporting are used interchangeably in industry practice. E (environmental), S (social), and G (governance) reporting encompasses qualitative discussions and quantitative metrics, including the company's performance measures against ESG risks, opportunities, and related strategies. Companies have turned to ESG reporting to meet the information needs of their stakeholders and be transparent about their commitments to ESG risk management. ESG issues are growing in importance to companies, investors, and other stakeholders. Users of the companies’ ESG reports seek transparency about the initiatives in addition to accurate and reliable ...


The Operation Successful, But The Patient Died. The Gradual Elimination Of The Central European Peasantry In The Light Of Globalization And Interwar Processes, Janos Fritz 2022 University of Pécs, Hungary

The Operation Successful, But The Patient Died. The Gradual Elimination Of The Central European Peasantry In The Light Of Globalization And Interwar Processes, Janos Fritz

Journal of Global Awareness

In terms of “depeasantisation," it was with the EU accession in 2004 when Central Europe – including Hungary – reached the stage where England had already arrived in the 18th and Germany in the 19th century. The gradual disappearance of the peasantry in the continent is doubtless in connection with the tendencies of globalization, a phenomenon that could not be stopped even by the authoritarian regimes of the interwar period – the time period examined by the dissertation. However, in a latent way, the question had already arisen at the time: is peasantry necessary at all? Nevertheless, as a consequence of the defeat ...


Contextualizing The Impact Of Faculty-Led Short-Term Study Abroad On Students’ Global Competence: Characteristics Of Effective Programs, Colleen Fisher, Laurel Iverson Hitchcock, Ashley Neyer, Stacy C. Moak, Sarah Moore, Scott Marsalis 2022 University of Alabama at Birmingham

Contextualizing The Impact Of Faculty-Led Short-Term Study Abroad On Students’ Global Competence: Characteristics Of Effective Programs, Colleen Fisher, Laurel Iverson Hitchcock, Ashley Neyer, Stacy C. Moak, Sarah Moore, Scott Marsalis

Journal of Global Awareness

Short-term faculty-led study abroad programs are high-impact pedagogical practices designed to enhance students' global competency. However, there is a gap in our understanding regarding the specific educational components of short-term faculty-led study abroad programs that promote global competency. This systematic review examined nearly two decades of research on such programs (n=86) to assess the educational components associated with increases in students' global competencies using Steinberg's (2017) educational components as a framework. Results indicated that the educational components included in global competency-building education abroad courses varied substantially across programs and global regions. The components most strongly supporting enhanced global ...


Notes From The Editor, Jay Nathan 2022 St. John's University - New York

Notes From The Editor, Jay Nathan

Journal of Global Awareness

No abstract provided.


Letter From The Editor, Jay Nathan 2022 St. John's University, New York

Letter From The Editor, Jay Nathan

Journal of Global Awareness

No abstract provided.


Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama 2022 Stetson University College of Law

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.


Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak 2022 University of Miami School of Law

Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak

University of Miami Inter-American Law Review

This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the ...


Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse 2022 University of Miami School of Law

Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse

University of Miami Inter-American Law Review

The concepts of family planning and reproductive health rights are often obscured by the controversy that surrounds the topic of abortion. This controversy has substantially impacted the U.S.’s outlook on reproductive health rights and its support toward family planning organizations, often limiting funding and aid depending on each administration’s political views. While international law has recognized the importance of reproductive health rights and the necessity of family planning programs, the U.S. continues to fall be-hind when it comes to promoting such rights. This article calls for a bipartisan effort to end these regressive and harmful anti ...


International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson 2022 University of Miami School of Law

International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson

University of Miami Inter-American Law Review

The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in ...


If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes 2022 University of Miami School of Law

If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes

University of Miami Inter-American Law Review

In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government ...


Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring de Villiers 2022 University of Minnesota Law School

Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring De Villiers

Minnesota Journal of Law, Science & Technology

No abstract provided.


Done The Time, Still Being Punished For The Crime: The Irrationality Of Collateral Consequences In Occupational Licensing And Fourteenth Amendment Challenges, McCarley Maddock 2022 Duke Law

Done The Time, Still Being Punished For The Crime: The Irrationality Of Collateral Consequences In Occupational Licensing And Fourteenth Amendment Challenges, Mccarley Maddock

Duke Journal of Constitutional Law & Public Policy Sidebar

Traditionally, retributive models of criminal justice rely on incarceration as punishment for a crime. Under this theory, punishment should end when the offender is released from prison. Yet, a decentralized web of statutes across the United States undermines this commonsense notion and continues to punish formerly incarcerated persons by denying them access to basic services for re-entry into society such as housing, government benefits, and employment. Specifically, thousands of the formerly incarcerated individuals are barred from working in or pursuing a career of their choice based on state statutes that prohibit entry into a given profession based on criminal history ...


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