Law Center Research Articles

Predictions from Regina LaBelle on drug policy under Trump

Regina LaBelle, director of the Center on Addiction and Public Policy at the O'Neill Institute for National and Global Health Law at Georgetown University Law Center, released her predictions on what steps the Trump administration could take. Her report came out November 7, the day after the election. Here is a summary.

Contemporary Issues of Arbitration under UAE Law

Abstract This paper aims to discuss controversial issues encountered by arbitral tribunals assigned to decide a particular dispute under UAE law. These issues are mainly related to preserving principles of competence-competence and separability, which might adversely affect the validity of the procedures undertaken by arbitral tribunals or the validity of final awards rendered by an arbitral tribunal. The aforementioned problematic scenarios can be noted in the context of the formation of arbitral tribunal, ordering interim, arbitration costs and waiver of arbitration agreement. The study will deploy qualitative legal method, through which an analytical approach will be applied on the UAE Arbitration Law and Dubai International Arbitration Centre (DIAC) Rules in order to illuminate the gaps in both sets that may affect the evidential value of the procedures undertaken in the context of the abovementioned issues. This paper concluded with a set of suggestions aimed at filling the gaps observed in the UAE arbitration Law and DIAC Rules in terms of the aforementioned issues.

US States with poor social health outcomes and more firearms have more morbidity due to mass shootings.

Mass shootings represent a persistent public health crisis. Prior studies have linked social determinants of health (SDOH) to the phenomenon of gun violence, but there remain limited analyses on mass shooting events specifically. Mass shooting events from 2014-2019 were recorded from the Gun Violence Archive. State-level data regarding population, ATF registered weapons, federal firearm licensees and several SDOHs (poverty, unemployment and educational attainment) were collected from publicly-available US governmental databases. Giffords Law Center rankings were used to assess the relative strictness of each state's gun laws. Gun ownership rates were obtained from the RAND Corporation. Bivariate analyses compared each SDOH, as well as ATF registered weapons, Giffords Center ranking and gun ownership rates, to the death rate, injury rate, and combined injury/death rate from mass shootings in each state. All associations were evaluated via Pearson's Rho. Slope and p-values were analyzed, with a threshold significance value of p less than 0.05. Unadjusted analysis revealed poor mental health, decreased educational attainment and increased unemployment to all be associated with an increased risk of mass shooting-related injury or death. Adjusted analysis revealed fewer firearm regulations, higher gun ownership, lack of handgun magazine restrictions and lack of long-gun registration requirements were associated with an increased risk of mass-shooting death. Similarly, adjusted analysis revealed lack of handgun permit requirements to be associated with both an increased risk of mass shooting-related injury and combined risk of injury/death. This study revealed associations between multiple SDOH and firearm restrictions with morbidity due to mass shooting events.

Project Reducing Psychosocial Risks In Law Enforcement: Training To Wellbeing

The INFAD Association of Psychology and Education, in cooperation with several other partners, especially the Family Law Centre, Faculty of Law of the University of Coimbra-3004–545 Coimbra. Email: cdf@fd.uc.pt http://www.centrodedireitodafamilia.org has participated in the ERASMUS+ PROGRAMME KA220-VET. Project Number| PT01-KA220 - VET- 000028146. A Project that has allowed us from INFAD to intensely approach the topic of “Psychology meeting health”; “I didn’t find psychology so healthy”; “Psychology meeting health”. For INFAD, this and other already completed Erasmus + projects are and have been of vital importance for their contribution to the field of science and to the society to which we owe ourselves, providing efforts and conclusions,such as those we present in this Project Information-Presentation. The World Health Organization (WHO) describes mental well-being as a fundamental component of health and places it as one of the main concerns for the coming years (Mental Health Action Plan, 2013-2020). Mental health is being the subject of significant investments from all states in the world, with strategies that empower people to maintain healthy behaviours related to mental health, improving the quality of life (WHO) and reducing the psychosocial risks of mental health disorders. This is also a concern of the member states in their national mental health strategies (Portuguese National Mental Health Program - Priority Health Programs 2020 Goals) and in the production of legislation that specifically refers to the balance between work and life and the reduction of psychosocial risks.

The fundamentals of Criminal Law: a new direction of research (on the pages of the book by I. M. Ragimov “Crime and punishment in world religions. Historical, religious, legal and philosophical aspects. St. Petersburg: Association “Law Center”, 2023. – 303 pp.”)

The fundamentals of Criminal Law: a new direction of research (on the pages of the book by I. M. Ragimov “Crime and punishment in world religions. Historical, religious, legal and philosophical aspects. St. Petersburg: Association “Law Center”, 2023. – 303 pp.”)

Antisemitism as an integral part of anti-bias educational policies and practices

PurposeThe purpose of this paper is to show how the impact of White Supremacy and Christian hegemony on the educational system. By highlighting interconnectedness across targeted groups, the authors assert that through coalition building, groups are stronger than they would be working alone. Solidarity gives hope to combating hatred of all kinds. Learning that there is a long history of antisemitism is an important component of fighting bias. With book banning and controversy over teaching critical race theory in schools, it is important that educators reflect on their social justice education.Design/methodology/approachThe authors analyze the definitions and enactment of multicultural, culturally responsive and anti-bias education as well as critical theory. They then investigate how antisemitism is of concern to all identities targeted by White Supremacy and Christian Nationalism (LGBTQIA+, minoritized races, non-Christians, etc.) and the importance of education in fighting hate and influencing policy and practice.FindingsAlthough 2 % of the US population identifies as Jewish, 11% of incidents educators reported were classified as antisemitic. Education is the key to fighting antisemitism and Holocaust denial (Greene et al., 2021; Stanton and Marcus, 2019). The authors make recommendations for addressing antisemitism, including addressing antisemitic incidents, the importance of Holocaust studies, the need for religious literacy, fighting the banning of books and narrowing the school curriculum. The authors ended by reinforcing the need for Jewish people to be included in multicultural, culturally responsive, anti-bias education and the need for “Heb-crit” as a sub-study of critical race theory.Social implicationsAnti-bias education must include antisemitism and show how connected hatred is rather than having groups compare their struggles. The authors explained the diversity among Jewish people to highlight the complexity of an identity group that is often inaccurately oversimplified.Originality/valueThere is a need for scholarship on modern-day antisemitism and internalized antisemitism and reflective narratives as commonly used in Black and Latinx studies (Rubin, 2020). With the rise in Holocaust denial and antisemitic groups (Southern Poverty Law Center, 2024), it is important to advocate and teach about these topics, which are not often discussed in PK-12 or Schools of Education (Muller, 2022).

EGAL MEDIATION: INTERNATIONAL PRACTICES IN EUROPEAN COUNTRIES

In the article, the concept of legal mediation is described from a comprehensive social, legal, and political perspective, the prerequisites for the emergence of mediation and the mediation process in European countries (USA, England, France, Netherlands, Germany, Austria , Italy, Switzerland) are based on comparative analyzes through international experiences. We have analyzed the future mediation of the arbitration court, which is carried out by involving a neutra l third party -an arbitrator to resolve disputed issues, for example: land, house property, divorc e process, conflicts.The article also extensively reviews the European Code of Mediators by the European Commission, the guidelines of the European Parliament and the Council "On some aspects of mediation in civil and commercial matters", and discusses how mediation is currently proceeding on a scientific basis. American corporations and more than 250 law firms report that 75-85% of disputes go to a mediator before they attempt to reach a settlement and find a positive resolution.The relevance of the article is not only the mediation process in European countries, but also the course of this process in Kazakhstan. In comparison, if in foreign countries this is a systematic legal process and is used in practice, in our country, although it is used in practice, there is still a need for improvement.The article also mentions theSiberian Conflictology Center (Kostanai), Kokshetau Mediation Center (Kokshetau), Mediation and Conciliation Center (Almaty), "Mediation and Law Center" (Karagandy), which is engaged in educational and educational services for the purpose of training mediators through a system of mediation training and seminars. The works of foreign, Russian and domestic scholars on legal mediation are also analyzed.

Library of the Center for Law and Bioethics in the Field of Genomic Research and Application of Genetic Technologies of Kutafin Moscow State Law University (MSAL)

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Значение структурно-функционального анализа для формирования понятийного аппарата права социального обеспечения

The round table conference held on September 20, 2023, by the Center for Labor and Social Security Law of the Lomonosov MSU and dedicated to the problems of the conceptual framework of social security law proved that the issues related to industry-specific concepts are relevant. Such issues include the development of concept definitions and the use of special terminological framework. Opinions of leading law scholars and famous economists studying social security issues that were expressed during the round table meeting will be reflected in further publications. In this article, the author pays attention to the importance of correct and accurate understanding of not only general key and generic concepts of social security law but also the concepts of the very first level of the social security law system: specific pensions, allowances, other security types as these are the elements that develop the initial idea of social security. The concepts are analyzed from the standpoint of systematic nature of the industry and taking into account the rules of the structural and functional analysis.

Tennessee Journal of Law and Policy and Center for Advocacy and Dispute Resolution: Summers-Wyatt Symposium - Asking Jurors to Do the Impossible

Tennessee Journal of Law and Policy and Center for Advocacy and Dispute Resolution: Summers-Wyatt Symposium - Asking Jurors to Do the Impossible

Issue brief responds to federal guidance on police alternatives

For individuals experiencing a mental health crisis, a health‐focused team of workers with mental health expertise should be deployed instead of police, just as an ambulance would be dispatched to help someone experiencing a physical health emergency. Any failure to do so violates the civil rights of people with disabilities, according to a new issue brief released Jan. 16 by the Bazelon Center for Mental Health Law and the Vera Institute of Justice.

Bazelon endorses peer‐led, peer‐involved MH crisis supports

Individuals in crisis who receive support from peers are less likely to be admitted to emergency rooms and hospitals for inpatient care. Additionally, they are more likely to participate in community‐based services, which can help them avoid future crises and resulting institutionalization or incarceration and be more engaged in the services they receive, according to a new report released Jan. 9 by the Bazelon Center for Mental Health Law.

Legal expert weighs in on sorority controversy

May Mailman, J.D., Director of Independent Women's Law Center, is legal counsel to Kappa Kappa Gamma plaintiffs in the Westenbroek v. Kappa Kappa Gamma lawsuit and a legal advisor for recently dismissed alumnae members Patsy Levang and Cheryl Tuck‐Smith. Here, Mailman lends her legal insight to the situation.

Charity Scott and ASLME.

Charity Scott was a professor of health law at Georgia State University College of Law, the founding director of the College of Law's Center for Law, Health, and Society, and co-founder of the Health Law Partnership (HeLP) at Georgia State. She is an iconic figure in her adopted hometown of Atlanta and certainly one of the most important scholars in the history of the health law field, justly celebrated for her teaching, her innovation, her commitment to interdisciplinary work, and for her compassion and love for others. She was also a dear friend of mine. In this short essay I will reflect on my friendship with Charity and her involvement with the American Society of Law, Medicine & Ethics, the publisher of this journal.

Charity Scott: Teacher, Mentor, Collaborator, Interdisciplinarian.

Charity Scott brought health law to Georgia State College of Law in the fall of 1987. Through her faculty appointment, along with her boundless energy and intellectual curiosity, she set herself on an odyssey. She began by teaching a single general health law class. This beginning led to the development of a full curriculum in the field, complete with experiential learning opportunities and a certificate in health law program. In addition to creating learning and career opportunities in health law for law students, her development of the Center for Health, Law and Society created academic opportunities for leading health law faculty.

INTRODUCTION Defining Health Law for the Future: A Tribute to Charity Scott.

This special edition of JLME celebrates the life of Charity Scott, Professor Emerita and Founding Director of the Center for Law, Health & Society at Georgia State University College of Law.

On Love and Lawyering: A Celebration of the East Bay Community Law Center Festschrift in Honor of EBCLC

On Love and Lawyering: A Celebration of the East Bay Community Law Center Festschrift in Honor of EBCLC

Discursive (Re)construction of a Journalistic Source: A Case Study of Paradigm Repair in Reporting on the Southern Poverty Law Center

Discursive (Re)construction of a Journalistic Source: A Case Study of Paradigm Repair in Reporting on the Southern Poverty Law Center

Summary Report on the 2023 Global Space Law Center Symposium on Law & Policy Issues in the New Orbital Economy

Twenty thought-leaders in space law and policy convened online for the Global Space Law Center’s 2023 Symposium on Law & Policy Issues in the New Orbital Economy. Five panel discussions were held addressing a variety of pressing issues faced by states and private companies operating in orbit as new segments of the orbital economy emerge including the advent of megaconstellations, on-orbit satellite repair and refueling, private space stations, and tourism. space, satellites, orbital debris, space traffic management, space law

공법과 사법의 대화

The legal domain has traditionally been segmented into public and private law. Private law is rooted in the principle of private autonomy that is premised on individual liberty. Conversely, public law centers on the adininistration and regulation of public authority. Despite these distinctions, public and private law overlap significantly in their research topics, methodologies, and goals. As such, collaboration and mutual learning between these spheres are crucial. Consequently, establishing a platform for dialogue among scholars from both fields is deemed valuable. 
 This paper delves into the criteria that differentiate public from private law, examining their interrelation through constitutional and civil law, alongside administrative and civil law. It scrutinizes the nexus between public and private law, with a focus on Supreme Court precedents concerning personality rights, the third party effect (Drittwirkung) of fundamental rights in private relationships, interpretations of law in alignment with the Constitution, the analogy of private law regulations to public contracts or public law contracts, the validity of a contract contravening administrative regulations, the liability for state compensation for unlawful administrative conduct, and the demarcation of jurisdiction between civil and administrative proceedings. Public and private law have evolved in tandem, influencing each other. Their dem邱ation is more a product of historical development and relativity than a priori or theoretical constructs. Recent Supreme Court rulings demonstrate an increasing interplay between public law, including constitutional provisions, and the interpretation and application of civil law, and vice versa. In this scenario, promoting an active dialogue between scholars of public and private law is anticipated to substantially enhance both disciplines, as well as the legal system as a whole.