Public Law and Legal Theory Commons^™

How Social Movements Have Influenced Child Custody Standards Over Time, Victoria Miller

Honors Theses

Child custody standards have evolved over time due to societal attitude shifts regarding gender roles. The stereotypes present within the decision-making process of child custody laws have been challenged repeatedly in order to attack sexism within the laws. Child custody decisions are important for the child and family in question, because whichever parental guardian has custody over the child has the legal authority to make life changing choices for the child. These choices can include education, religion, and the environment the child grows and develops in. Parental choices can affect a child's mental and physical well-being, which makes it crucial …

An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred

Notre Dame Law Review Reflection

Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …

Climate Zoning, Christopher Serkin

Notre Dame Law Review

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …

A Restatement Of Democracy, Joshua Ulan Galperin

Villanova Law Review (1956 - )

No abstract provided.

Partisanship Creep, Katherine Shaw

Northwestern University Law Review

It was once well settled and uncontroversial—reflected in legislative enactments, Executive Branch practice, judicial doctrine, and the broader constitutional culture—that the Constitution imposed limits on government partisanship. This principle was one instantiation of a broader set of rule of law principles: that law is not merely an instrument of political power; that government resources should not be used to further partisan interests, or to damage partisan adversaries.

For at least a century, each branch of the federal government has participated in the development and articulation of this nonpartisanship principle. In the legislative realm, federal statutes beginning with the 1883 Pendleton …

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)

2023–2024 Flyers

No abstract provided.

Orders Without Law, Thomas P. Schmidt

Faculty Scholarship

This Review has two goals. The book, by design, largely steers clear of concrete reform proposals; its object is to trace the ways that the Court’s practices around emergency applications shifted over the Trump years and to urge that these developments warrant critical attention (pp. 24–25). My first goal, then, is to propose some reforms. These proposals orbit around a central contention: Any critique of the shadow docket and any proposed solution must depend, explicitly or implicitly, on a theory of the Court — its role in the constitutional order and how it can best serve that role. As a …

Show And Tell, Liam Mchugh-Russell

Dalhousie Law Journal

...to break the rules wisely, you have to know the rules well.

–Le Guin, Steering the Craft

I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …

Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti

Dalhousie Law Journal

The UNCITRAL Working Group III (WG III) is discussing procedural reforms in the investor state dispute settlement system (ISDS). The ISDS framework is criticized on various grounds, including arbitrator bias, lack of transparency, and inconsistent arbitral decisions. One of the recent reform proposals before the WG III is the possibility of a multilateral investment court (MIC). This proposal is championed by European Union states and supported by Canada. The proposal recommends replacing ISDS’ Ad hoc investment tribunals with an established and permanent court where states appoint judges. This paper examines the MIC reform option and argues that replacing the ISDS …

Humour, A Meditation, John Henry Schlegel

Dalhousie Law Journal

Back in 1987 when Critical Legal Studies was still “hot,” I was shopping a piece that was a long review essay on Laura Kalman’s history, Legal Realism at Yale. An acquaintance who was on that faculty invited me to present the piece—which I am still quite proud of—at the workshop he was running. Owen Fiss was the first person to ask a question. He wanted to know whether the piece was “serious” work or whether it was just an elaborate joke. Surprised and bewildered by the question, I answered, “Both.” In response he asserted that unless it were one or …

اﻻﺧﺘﺼﺎص اﻟﻨﻮﻋﻲ ﻟﻤﺤﻜﻤﺘﻲ اﻟﺠﻨﺎﯾﺎت اﻟﻜﺒﺮى واﻟﺼﻐﺮى طﺒﻘﺎ ﻟﻘﺎﻧﻮن اﻹﺟﺮاءات اﻟﺠﺰاﺋﯿﺔ اﻻﺗﺤﺎدي, ﺧﺎﻟﺪ ﻧﺪﯾﻠﮫ اﻟﻨﻌﯿﻤﻲ

Theses

The Specific Jurisdiction of the Major and Minor Criminal Courts in Accordance with the Federal Criminal Procedure Law

This study deals with the rules of specific jurisdiction for the major and minor criminal courts in accordance with the Federal Code of Criminal Procedure, where specific jurisdiction is one of the most important jurisdictions stipulated by the federal legislator, by allocating specific courts to specific types of crimes. In light of this, the federal legislator in the United Arab Emirates has singled out a new system with regard to specific jurisdiction, distinguishing between the major and minor criminal courts in terms …

اﻷﻣﺒﻮدﺳﻤﺎن ﻛﺂﻟﯿﺔ ﻧﺤﻮ ﺗﻌﺰﯾﺰ ﺛﻘﺔ اﻟﻤﺘﻌﺎﻣﻠﯿﻦ بجهة اﻹدارة ﻓﻲ دوﻟﺔ اﻹﻣﺎرات اﻟﻌﺮﺑﯿﺔ اﻟﻤﺘﺤﺪة, ﻋﺒﺪاﻟﺤﻤﯿﺪ أﺣﻤﺪ اﻟﻮاﺣﺪي

Dissertations

The Ombudsman Serves as a Mechanism to Enhance Trust in Administrative Entities in the United Arab Emirates

In the midst of governments’ trend towards re-evaluating the relationship with customers by building a partnership relationship between them to achieve common and diverse interests at the legal, administrative, social and economic levels, the researcher sought to find mechanisms that would enhance trust between the government and customers to find alternative solutions to address customer’s complaints and disputes arising from administrative work.

Therefore, the choice fell on the experience of the State of Sweden in establishing the Ombudsman system, which aims to protect …

Free Speech For Me But Not For Airbnb”: Restricting Hate-Group Activity In Public Accommodations, Sabrina Apple

Vanderbilt Law Review

As digital services grow increasingly indispensable to modern life, courts grow inundated with novel claims of entitlement against these platforms. As narrow, formalistic interpretations of Title II permit industry leaders to sidestep equal access obligations, misinformed interpretations of First Amendment protections allow violent speech and conduct to parade uninhibited. Within the mistreatment of these two established doctrines lies a critical distinction: the former is in desperate need of modernization to fulfill its original intent, and the latter is in desperate need of restoration for the same ends. This climate creates conditions ripe for doctrinal upheaval. This Note considers how the …

Critical Race Theory & The Need To Have A Race Perspective In Public Service Law, Cardozo Public Service Scholars Program

2023–2024 Flyers

No abstract provided.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

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.

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

The Psychology Of Crimes Of Terrorism, Mohamed Ezzat Mostafa Sallam

The World Research of Political Science Journal

Recently, countering the crimes related to terrorism has grown to be of great concern in several countries. The combat of terrorism is a strategic goal in order to maintain national security, especially with reference to the economic, social, and political ramifications encountered whilst doing so. Such criminal behavior may extend beyond the borders of one country, targeting the human right to safely live anywhere. Based on the fact that every human behavior has its motives and ends, the criminal behavior behind the crimes related to terrorism has its motives and ends as well. This highlights the significance of the study …