Rule of Law Commons^™

Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts

Pepperdine Dispute Resolution Law Journal

Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Capacitación Y Emancipación En Usuarias De Refugios Especializados Para Mujeres Víctimas De Violencia En Yucatán, México., Nohora Esther Bayona Ramírez

Journal of Maya Heritage

This article aims to present the results of a doctoral research on the personal and structural factors that prevent women, who have been victims of violence, from leaving the violent environment from which they come, generated within the framework of specialized shelters for women who have been subject to domestic violence in the state of Yucatán, Mexico. The research aims to determine the relationship between the intervention strategies offered by the shelters and the factors that facilitate or hinder the emancipation process of the users. Among its objectives, based on the knowledge produced, it seeks to approach the State's response …

The Legal Nature Of Cyberbullying: A Comparative Study Between The American And The Jordanian Laws, Alaeldin Mansour Maghaireh Dr.

UAEU Law Journal

The research is aimed to highlight the emerging phenomenon of cyberbullying in Jordan by analysing some of the main legal aspects of cyberbullying and relevant laws. It analysed whether the nature of the phenomenon constitutes a crime, and therefore, must be explicitly stated in the relevant laws, or it is only a bad social phenomenon that can be addressed within the school environment, and therefore no need for legislative provisions to prohibit it. The research showed the gravity of the psychological and physical effects of cyberbullying and its diversity forms and methods. Also, it underscored the paucity of the legal …

Access To Environmental Justice In Canadian Environmental Impact Assessment, Thomas Gilmour, Jocelyn Stacey

All Faculty Publications

Contemporaneous reforms to Canada and British Columbia’s environmental impact assessment legislation have the potential to advance Access to Environmental Justice. Access to Environmental Justice is the ability of individuals and communities who are disproportionately and negatively impacted by environmental decisions to access legal and regulatory processes and to have their concerns heard and addressed through environmental decision-making and dispute resolution. Access to Environmental Justice connects concepts of environmental justice, public participation, the rule of law, and access to justice to provide a framework for evaluating the implementation of environmental impact assessment laws. We conducted a preliminary analysis of early implementation …

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk

University of Cincinnati Law Review

Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted. For instance, the U.S. Model Penal Code uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This prevailing perpetrator-centric approach, mirrored in U.S. state and federal laws and academic discourse, affects individual cases and has far-reaching societal implications.

Viewed this way, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator caused. “Culpability,” on the other hand, is …

Keynote Address Delivered At The Mediation Seminar, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

One of the pillars of good governance is the rule of law and administration of Justice. The main plank of market economy is property rights and enforcement of contracts. Among several determinants of Foreign Direct Investment and International Trade flows the mechanisms by which disputes are resolved among the contracting parties features prominently. Inclusive development in which the majority of the population shares the benefits also requires Financial inclusion i.e access to capital. I would like to begin with Article 37 (d) of the constitution i.e provide inexpensive and expeditious justice. This in turn implies Affordability and Access. The world …

From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin

Fordham Law Review

The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson

Helm's School of Government Conference - 2021-2024

This essay assesses the roles of the federal government and its relationship with Tribal Regions and states alike. Additionally, how COVID-19 affected states and localities and how different Presidential Administrations handled and responded to the pandemic while being compared with the state of South Dakota. Assessing whether or not the federal government overstepped reveals the preparedness of states. Certain states handled COVID-19-related issues better than others, and this essay addresses how Tribal Regions in states provided Governors with extreme complexities. Finally, this essay delves into the rights and responsibilities of the federal government and the state pertaining to American Indian …

Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi

An-Najah University Journal for Research - B (Humanities)

The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …

In Conversation With Stephen Gageler, Chief Justice Of The High Court Of Australia, Stephen Gageler, David Collins

Judicature International

No abstract provided.

Proof: The Rule Of Law’S Most Essential Element, Victor A. Bolden

Connecticut Law Review

In this seemingly apocalyptic age, when the rule of law appears under siege, the way forward should involve reaffirming our belief in the rule of law, through reaffirming the importance of proof to the rule of law. Indeed, proof is the rule of law’s most essential element, a significance codified in legal rules, exemplified by legal theory, and reflected in the main source of belief in the rule of law, its effectiveness.

The Perilous Focus Shift From The Rule Of Law To Appellate Efficiency, Elizabeth Lee Thompson

Connecticut Law Review

We should be wary of reforms that are attractive in terms of saving time but have unnoticed substantive effects. . . . The great end for which courts are created is not efficiency. It is justice.

Charles Alan Wright (1966)¹

Some of the most significant—and by some estimations the most controversial— transformations of the federal appellate system occurred in the late 1960s and 1970s. Many of the effects are still felt today, including the shift from oral argument for all appeals and the view that study and disposition of each appeal were exclusively judicial tasks, to the adoption of …

Re-Examining Judicial Review Of Delegated Legislation, Kenny Chng

Research Collection Yong Pung How School Of Law

The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper …

The Problem Of Extravagant Inferences, Cass Sunstein

Georgia Law Review

Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Reconciling Disjunct Cryptocurrency Securities Enforcement With Purchaser Expectations, Jacob E. Simmons

Seattle University Law Review

The Southern District of New York’s July 2023 decision in SEC v. Ripple Labs, Inc. has been touted as a monumental win for cryptocurrency purchasers and related businesses. The Ripple court held that, except institutional investor transactions, all sales of Ripple’s XRP token were not investment contracts, a class of security subject to federal securities law. The court’s ruling meant that Ripple could not be held liable for the unregistered trading of XRP beyond its sales to institutional investors. Ripple adds new insights to a pervasive policymaking dilemma addressed in this Note: is the Securities and Exchange Commission’s (SEC) regulatory …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Foreseeability And Duty In Washington Negligence Law: Leaving The Road Less Traveled By, Leo Linder

Seattle University Law Review

Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne’s string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change.

Washington has taken the novel approach of bifurcating the duty element into two parts—duty’s mere existence, which is a question of law for the court to determine; and duty’s scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but …