Rule of Law Commons^™

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Liberty University Journal of Statesmanship & Public Policy

The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.

The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

An Unexpected Consequence Of Pardon Powers, Frank Rosenblatt

Journal Articles

A seemingly more minor executive authority is the power to pardon crimes. The Constitution authorizes the President to “grant Reprieves andPardons for Offenses against the United States, except in Cases of Impeachment.” Id . at § 2, cl. 1. This power has not generated much attentionfrom the U.S. Supreme Court, so it does not feature prominently in constitutional law textbooks. This inattention extends beyond courts andconstitutional law texts: one thing that laypeople and lawyers might have in common is that few would list the pardon power as one of themost important things a President does.

African Courts And International Human Rights Law, John Mukum Mbaku

Brooklyn Journal of International Law

The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Pendewasaan Demokrasi Melalui Upaya Revitalisasi Lembaga Yudikatif Dalam Pembentukan Badan Peradilan Khusus Pemilihan Kepala Daerah, Zul Amirul Haq

Jurnal Konstitusi & Demokrasi

General elections for regional heads are one of the democratic parties that involve the community directly to elect their leaders. Regional head general election is a political event to determine who the Governor, Mayor and Regent will lead the area. So that in its implementation it is inseparable from various kinds of legal issues which result in a political dispute that must be resolved properly and correctly. The settlement of election disputes, which so far is still gray in nature, will give rise to prolonged ambiguity. So that an effort is needed to revitalize the judiciary as a special judiciary …

Book Review: A Women’S Place: U.S. Counterterrorism Since 9/11, Tahmina Sobat

Feminist Pedagogy

Cook, J. in her book named "A women’s place: U.S. Counterterrorism since 9/11" identifies shortcomings in the accessibility of gendered security studies and tries to bridge the gap between the academic world and government actions regarding security and its relation to women's position. Accordingly, Cook provides a framework to organize and assess how women can be brought into all security aspects, particularly countering terrorism (p. 2). This review will highlight different aspects of the above-mentioned agencies' work concerning women, and I will mostly reference examples of Afghanistan from the book.

Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane

Fordham Law Voting Rights and Democracy Forum

Third-party candidates have at times altered the outcomes of presidential elections by drawing votes away from major-party candidates. This “disruptor” effect is largely a product of states’ winner-take-all allocation of electoral votes, which awards all of a state’s electors to the plurality winner. The system discourages support for third-party candidates and can produce results that fail to reflect majority preferences. This report by the Fordham Law School Rule of Law Clinic recommends that states adopt ranked-choice voting for presidential elections to ensure that winners command majority support. It also outlines complementary reforms, including best practices for implementing ranked-choice voting and …

Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford

University of Miami International and Comparative Law Review

In recent years, there has been considerable backsliding in Hungary and Poland regarding the rule of law, media plurality, judicial independence, and emergency powers. In response, the European Union (“EU”) exercised its authority under Article 7 of the Treaty of the Functioning of the European Union to withhold COVID-19 relief funds in an effort to compel these nations to realign with EU principles. This article examines the history, consequence, and legal effect of the landmark decision, Hungary v. Parliament and Council. It argues that the EU was on sound legal footing to utilize money as a means to protect …

Christians And/As Liberals?, Steven D. Smith

Notre Dame Law Review

Christianity and liberalism were made to fit each other, like hand and glove. According to some interpretations, anyway. Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious freedom, is the mode of government that best permits Christians to live in accordance with their faith in a fallen and deviant world. Thus, a couple of decades ago, Robert Kraynak reported that “[a]lmost all churches and theologians now believe that the form of government most …

Law's Credibility Problem, Julia Simon-Kerr

Washington Law Review

Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic definitional level in their use of the category.

Consider a real-world example. An immigration judge denies asylum despite the applicant’s plausible and unrefuted account of persecution in their country of origin. The applicant appeals, pointing to the fact that Congress enacted a “rebuttable presumption of credibility” for asylum-seekers “on appeal.” …

Interpretations Of Intent: Sovereignty, The Second Amendment, And Us Gun Culture, Lola I. Brown

Political Science Honors Projects

In this paper, I engage foundational theorists such as Jean Bodin, Thomas Hobbes, and John Locke to examine the philosophies of sovereignty that underpin the US Constitution and the creation of the Second Amendment. I find that the US Founders' reaction to these foundational theories of sovereignty allowed for a breakdown in the system of sovereignty in the country, and made way for the implementation of the Rule of Law. The Rule of Law, in turn, created the conditions of possibility for the psyche of radical individualism that now permeates the US. This radical individualism allowed for the reinterpretation of …

Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu

Law Faculty Publications

This essay summarizes the Court’s decision in West Virginia v. EPA. It also analyzes Chief Justice Robert’s reasoning and addresses the case’s flaws from two perspectives. It references the Court’s decision connecting it to the so-called New Deal Cases, because in both Panama Refining Co. v. Ryan, and West Virginia v. EPA, the Court accepted to review a lower court’s decision about a non-existent regulation. In 1935, the governmental kerfuffle was due to a lack of regulatory transparency; the Federal Register had yet to be established. This essay’s analysis incorporates Jeremy Bentham’s 1809 work on two classes of fallacies, authority …

Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra

Jurnal Hukum & Pembangunan

The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis: Talking About Core Legal Values, Human Rights, And Current Events In Us Law School Classes 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis March 28, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis 3-28-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.