Professor Of Law Research Articles

From the shadows: An ode to Patricia J Williams's Alchemy of Race and Rights

This multi-genre essay argues the importance of Patricia J Williams's The Alchemy of Race and Rights: Diary of a Law Professor as a theoretical tour-de-force that bridges black feminist theory, critiques of rationalism, feminist jurisprudence, and literary studies. This essay mirrors Williams's own hybridisation of genre to take seriously Alchemy as a site of thinking-feeling that centres gender, blackness, sexuality, and genre to rupture the linguistic and material boundaries of Rational Man. Alchemy is written from the maddening and creative space of the unreasonable, the crazed, and the irrational; privileging, then, an affective-experienced-based epistemology that challenges the violence of rationalism. Ultimately, then, this is an ode to Alchemy as a blueprint for imagining other ways of feeling and being black feminist.

Az új közjogi irány

The National Socialist Party came to power in Germany in 1933. After that, Germany’s constitutional system was reformed based on the principles of National Socialism. The representatives of Hungarian constitutional law at the time showed an intense interest in the new totalitarian state systems, including Nazi Germany’s so-called new direction of public law. In the examined period, mainly the studies of István Egyed, professor of public law at the Technical University of Budapest, István Csekey, professor of public law at the University of Szeged, and Béla Török, clerk of the royal court, mainly presented the public law institutions of National Socialist Germany. Their objective went beyond the description and characterization of the constitutional solutions of totalitarian state systems, as they also sought an answer to the question of what the relationship is between the historically based Hungarian constitution and the public law solutions of totalitarian systems. The closer Hungary got to Nazi Germany in a political sense, the more pressing these questions arose. Is there an overlap between the concept of the historical constitution of Hungary and the new direction of public law? If there is, then why is there, and if not, would it be necessary to take over certain institutions? Is there a necessity to reform the historical constitution of Hungary under the influence of the new public law direction? If not, why not, and if so, how should the historical constitution of Hungary move in the direction of new public law solutions? The following paper would like to review mainly these questions.

Tisztelet – közömbösség – helytelenítés?

Based on the legal developments and leading constitutional experts in the late 19th century, the article shows how (Viennese) law professors dealt with questions of German law in academia and studies. Against the backdrop of the Austrian authoritarian era from 1933 to 1938, it examines how politically opposed university lecturers were dealt with in Austria and raises the question of whether and how critical opinions on Austrian and German state law were expressed by law professors. In this context, some leading legal journals from the years 1933 to 1938 are analysed. Initially, Austrian legal scholars concentrated primarily on developments in their own constitutional law and legal practice. It is striking that under Austrofascism, Austrian studies on German law declined and critical analyses of National Socialist law were very rare.

Az „Új Európai Rend“ a japán jogtörténti kutatásokban

Since 1933, National Socialist jurisprudence had been the subject of much interest and controversy among Japanese legal scholars. Even the Japanese Ministry of Justice examined and translated a series of National Socialist legislation and literature for reference purposes. During the National Socialist era, a young Japanese professor of law named Satoshi Nishimoto visited Germany. While studying in Munich, this scholar witnessed unprecedented activity in the field of Germanic legal history, which at that time was combined with geopolitics. After returning to Japan, he attempted to apply this method of legal history to his own country. However, these efforts ended in failure.

Litigating Fair Use

This Article’s topic is “Litigating Fair Use.” What follows is a discussion of techniques a litigator can use to win a case and in so doing, help shape the development of fair use law. Fair use is well-recognized as one of the “most troublesome” doctrines in all of copyright. There are many famous cases where the district court wrote a compelling opinion holding that something was or was not fair use, and then was reversed by a court of appeals in an equally certain-sounding and compelling opinion holding the opposite. Sometimes we have seen the Supreme Court take yet another view, or multiple views, where there is a dissent and perhaps a concurrence as well. Court after court has noted that fair use requires “case-by-case analysis” that carefully balances the four statutory fair use factors—plus sometimes other considerations as well—rather than rigid application of “bright-line rules.” The overall intent is to help judges reach a result that furthers the bedrock constitutional principle that copyright laws “promote the progress of science and useful arts.” The flexible nature of fair use provides an opportunity—and perhaps a challenge—for a copyright litigator to not only figure out how best to apply existing precedent to create a persuasive argument, but also how to invite the creation of new precedent. Copyright law, and fair use specifically, starts from Congress’s statutory text, is informed by the Copyright Office’s guidance, is interpreted by the courts, and is analyzed by law professors. But litigators are not passive in this process; rather, they play an important role as well. In fact, the modern litigator often is in a uniquely good position to affect the development of fair use. These days, litigators practice all around the country, with admissions in many courts and pro hac vice appearances before others. This cross-country practice creates the opportunity—and in fact the necessity—to keep abreast of trends and splits across the various circuits, to figure out what best to argue in a given case, and thereby to hope to advance the law and their clients’ interests. Simply put, if the law of fair use is developed by case precedent, then the people whose arguments impact cases—that is, litigators—can help shape the law. How do litigators do it? In this Article, I will discuss three of the primary tools in the litigator’s proverbial tool kit: law, facts, and persuasion. At the end of the day, these three things determine every fair use outcome. The art of litigating fair use is found in the gaps between precedent, when a litigator’s cutting-edge case is one about which reasonable minds may disagree. It is in those gaps where the litigator shines, because the law there is at its most malleable and the ability to persuade is most important. And with fair use, there are a lot of those gaps.

John Stearne (1624-1669). Founder of the Royal College of Physicians of Ireland and first Professor of Medicine in Trinity College Dublin.

John Stearne was the first Regius Professor of Medicine in Trinity College Dublin and founded the Fraternity of Physicians of Trinity Hall that later became the Royal College of Physicians in Ireland. He was born in Ardbraccan, County Meath in 1624 and was a great nephew of the Archbishop of Armagh and renowned scholar James Ussher who was his patron. He entered Trinity College in 1639 and was elected Scholar in 1641, before fleeing Dublin at the outbreak of the Confederate Wars later that year. He moved to Cambridge and studied medicine in Sidney Sussex College. After a short period practicing medicine in Bedfordshire, he returned to Trinity in 1651 and was appointed Professor of Medicine and College medicus. He later also became Professor of Hebrew and Professor of Law. He wrote six books and became a Senior Fellow of the College. In 1654, he established the Fraternity of Physicians with some other Dublin physicians in a disused building on Trinity Street. Stearne resigned his Fellowship and Professorship in 1659 but had them restored by 1662 following the Restoration of the King Charles II. The Royal College of Physicians of Ireland received its first royal charter in 1667. Stearne died in 1669 at the age of 44. This paper, written to celebrate the quatercentenary of his birth, discusses Stearne's life and achievements in more detail particularly in the context of the political turmoil of the age and the important role of his extended family in the important events that occurred.

Risk area 'misdiagnosis'-Risks of criminal liability and behavioural tips in pathological practice

The article presents the concept of misdiagnosis or malpractice to practising pathologists from amedical and legal perspective and highlights similarities and differences in this respect. In particular, the risk of criminal liability for pathologists in the context of their practice activities is addressed and the relationship between the legal judgements of criminal, civil and professional law is examined in more detail. Due to the lack of an existing reversal of the burden of proof in criminal law, the constellation may arise in practice that atreatment error under civil law is assumed. However, such aqualification does not necessarily lead to acriminal accusation. Furthermore, the field of professional law, which is often pushed into the background for practising lawyers, is also emphasised. Criminal sanctions often hit apractitioner less severely than, for example, the withdrawal of alicence to practise under professional law. Close dovetailing of criminal, civil and professional law advice is essential in this respect. Pathologists are also given tips on how to behave based on many years of criminal defence practice in order to enable an adequate defence at an early stage in the event of aconfrontation with criminal charges.

Historical Development of Taxation From Ancient Times to Modern Day: Implications for the Future

This study examines the history of taxation, specifically how taxation was used over the centuries by major world civilizations. This study provides a comprehensive review of past and more recent studies, spanning the full length of tax history using a quasi-empirical approach, thereby offering a unique contribution to the academic literature. Theoretical foundations include Adam Smith’s Canons of Taxation, benefit theory, ability theory, and tax assignment theory. Implications are drawn for the future of taxation. Findings suggest that various forms of taxation played a critical role in amassing resources necessary to build and sustain world empires and republics. Implications are that this will continue. Excessive taxation was included as a factor in the downfall of some empires. World history might have taken a notably different direction without the revenues accumulated via taxation. Results will interest tax policy makers, academic tax researchers, law professors, and others concerned with the historicity of taxation. Results can also be used by accounting and legal educators.

El rol docente en la enseñanza-aprendizaje con IA

Since the enactment of the Higher Education Law in Argentina, the analysis of the way teaching has been focuced in Higher Education and its effectiveness has been intensified.In the way of learning, the educational act is fundamental. It is not an implicit assumptionor belief that is taken for granted, nor are the skills/capabilities of the student. And in the training of law professionals today we are not just talking about the use of technologies like merely manipulating of them. The rapid evolution places us facing the integration of Artificial Intelligence (AI), and more recently the Generative Artificial Intelligence. Reevaluating our role as teachers in front of a student body that learns from, about, and with AI is a new point in the teaching of law. The professor is an essential mediator of knowledge and a promoter of the development of skills and competencies that enable learning and the construction of new knowledge.Therefore, learning with AI must be approached from an ethical perspective because technology is never ideologically neutral. The algorithms that form it expose and privilege certain worldviews, and particular ways of thinking, learning, and knowing that, without ethics, become dangerous. Additionally, actions are needed to preserve and safeguard human intellectual skills, the diversity of our knowledge system, and to place technology in its service.

Inclusion Policy of People Smuggling and Passport Forgery Articles in National Criminal Code Law to Justify Indonesian Immigration Law in the Sustainable Development Goals (SDGS) Era

Objectives: Through qualitative research using the normative juridical analysis method, strengthened by interviews with criminal law experts who formulated the Indonesian National Criminal Code, research was conducted to find out whether this new law (lex superior) can be applied without clashing with the provisions of a more specific law (lex specialist) that has existed before, and how the provisions of the new law can strengthen the provisions of the norms in the old law, specifically the discussion focuses on the provisions of human smuggling and passport forgery which are newly formulated in the National Criminal Code after previously being regulated in the Immigration Law. Theoretical Framework: After the Dutch colonial occupation, for 78 years the Indonesian state still used the Wetboek van Strafrecht as the law governing criminal law until finally in 2023 Indonesia had a National Criminal Law (National Criminal Code). The National Criminal Code formulates norms regarding human smuggling and passport forgery which were previously formulated in Law Number 6 Year 2011 on Immigration. Method: Interview with a criminal law theory expert, namely a professor of Indonesian criminal law who is also the initiator of the ratification of the New Criminal Code, the interview aims to obtain answers to the problem of the position of the articles on human smuggling and passport forgery in the Immigration Law after the ratification of the New Criminal Code which mentions both articles, based on the principle of lex posterior. The interview also seeks answers to whether there is a conflict between the principles of lex specialis and lex posterior, if any, and in terms of how the conflict occurs. Results and Discussion: The research found that the formulation of the two norms does not contradict each other, and the purpose of the formulation of norms in the National Criminal Code is precisely aimed at strengthening the norms of human smuggling and passport forgery that were previously contained in the Immigration Law. Research Implications: It is hoped that this research will be able to answer doubts about the legitimacy of the formulation of human smuggling and passport forgery in the National Criminal Code as a justification for its formulation in the Immigration Law.

Lawyers' and Law Professors' Experience with Worker Governance

Lawyers' and Law Professors' Experience with Worker Governance

Disciplinary differences and institutional factors that bear on the international differences in regulating PFAS

SUMMARY Lawyers and scientists are not merely proverbial ships passing in the night; they live on different planets mentally. As a long-time environmental lawyer and law professor who has been happily married to a distinguished toxicologist, Gail Charnley PhD, for over two decades, I have come to see how our professional training influences us to see the world differently. In this essay, I try to explain the difference between how lawyers and scientists view the world and significance of those differences for risk regulation, including the regulation of per- and polyfluoroalkyl substances (PFAS).

How to Become a Full-Time Law Professor – A Workshop for Aspirants

How to Become a Full-Time Law Professor – A Workshop for Aspirants

<p>Brief of Amici Curiae Tax Law Professors for the South Carolina Supreme Court in Support of Respondent</p>

<p>Brief of Amici Curiae Tax Law Professors for the South Carolina Supreme Court in Support of Respondent</p>

The impact of cultural competence in family law: An overview of Buddhism, Islam, Hinduism, and Judaism

AbstractIn contemporary multicultural societies, the family law profession requires a nuanced understanding of diverse cultural backgrounds to facilitate equitable and effective resolutions. Cultural competence in the family law profession entails recognizing and respecting the beliefs, values, and practices of individuals from different cultural backgrounds. Understanding the impact of religion on family dynamics, decision‐making processes, and conflict resolution is essential for family law professionals to navigate sensitive issues such as divorce, custody arrangements, and parental rights. By delving into the teachings, traditions, and rituals of Buddhism, Islam, Hinduism, and Judaism, this paper elucidates the unique cultural considerations that influence family law disputes within these religious communities. It examines key aspects such as dietary preferences, religious observances, and extended family dynamics, shedding light on how these factors shape co‐parenting arrangements and legal proceedings. Furthermore, this paper underscores the importance of incorporating cultural sensitivity into the family law process to promote mutual understanding, respect, and cooperation among parties. By fostering an environment where diverse religious perspectives are acknowledged and valued, mediators can facilitate more equitable and satisfactory outcomes for families from different cultural backgrounds. Ultimately, this paper advocates for the integration of cultural competence training into family law practices, emphasizing the need for mediators to continuously educate themselves on the religious and cultural nuances of the diverse populations they serve. By embracing cultural competence, family law practitioners can better serve the needs of all families, regardless of their religious affiliations, and contribute to a more inclusive and just legal system.

Egy BIBLIOGRÁFIA S ÓRAREND, ÉS AZ EMBER, AKI MÖGÖTTE VAN: DR. KOVÁCS SÁNDOR DEBRECENI JOGTANÁR ÉLETE, LEÁNYA, ILONA VISSZAEMLÉKEZÉSEI ALAPJÁN

The present article intends to illuminate the colorful life of dr. Sándor Kovács, who was the first professor of the Department of the Roman Law founded in 1875 at Reformed College of Debrecen. The study focuses on the forty years’ service of Kovács pursued in the „Calvinist Rome”. Doing so, the paper scrutinizes the history and evolution of the law school in Debrecen before the arrival of dr. Kovács. Secondly, by using the manuscripts of one of his children, Ilona, the study depicts the personal and family life of the professor bedecked by the touching memories of storytelling, vineyards, and long walks in the Great Forest of Debrecen. Nevertheless, the paper takes into consideration that dr. Kovács as a high-esteemed professor of the roman law delivered lectures and publications of general interest. Creating a novelty in the research, the study collects and publishes the bibliography of dr. Kovács’s printed works together with his academic lectures in a detailed, chronological list.

Svák Ján, Mareček Lukáš et al.: Medzinárodné právo verejné a úvod do verejného medzinárodného práva [Public International Law and Introduction to Public International Law

In a rapidly changing world, international law often seems to recede into the background, overshadowed by domestic legal disciplines. Students tend to prioritise information that appears to have direct practical applicability, leading to a diminished focus on international law in favour of national legal frameworks. Given the overwhelming influx of information they encounter daily, it is perhaps natural for students to favour subjects they perceive as immediately relevant to practice, a relevance they do not always associate with international law. As a legal framework governing inter-state relations and international obligations, it may appear distant from the routine legal challenges they anticipate encountering in their professional careers. The understanding of peremptory norms, enforcement mechanisms, or the resolution of disputes between states may seem less pertinent, as their practice is unlikely to involve the regular handling of inter-state conflicts. The perspective on the current state of international law is exemplified by the broad publication under review. The distinctiveness of this textbook is evident from the very beginning, which does not include merely a preface, acknowledgments, or an introduction preceding the main content. Instead, it begins with an "introduction to the introduction," explaining the intent to offer an unconventional approach to educating young legal professionals in international law. The aim is to present this expansive and omnipresent discipline as a clear and practical benefit, extending beyond the confines of academic study and serving as a unifying thread among various branches of law, civil, labour law, criminal law, commercial law and number of others, by emphasising the centrality of the individual as the ultimate recipient of all international legal norms. This focus on the individual, including legal professionals themselves, whether graduates or students for whom this publication is primarily intended as a resource for the courses International Public Law I and International Public Law II, underscores the need for a broader outlook. A lawyer, even after completing seminars on international law, should comprehend the extensive and pervasive reach of this discipline. They must, crucially, be equipped to address diverse and complex legal issues, many of which intersect with international law, at least through domestic legal norms that invariably reflect international legal principles to some extent and, even more concretely, in the respect for fundamental human rights.

Embracing Neurodivergence: Essential considerations in family law practice

AbstractNeurodiversity encompasses the natural wiring of the mind, shaping how individuals think, behave, communicate, and perceive the world. While society largely caters to the neurotypical majority, neurodivergent individuals, who represent a minority, experience the world differently and face unique challenges. Stigma persists surrounding neurodivergent people, and they are consistently marginalized. Family law professionals often work with neurodivergent individuals but need improved awareness and knowledge of neurodivergent traits and client presentation. Recognizing neurodivergence and providing inclusive support and access to services is crucial. This article defines relevant concepts and definitions and provides scenarios and examples that illustrate how neurodivergence may show up in day‐to‐day family law practice. Tips are provided for increasing awareness for professionals, along with practical suggestions for working with neurodivergent individuals.

On being a female law professor: Dispatches from the frontline—Afterword to the Foreword by Gráinne de Búrca, Rosalind Dixon, and Marcela Prieto

Abstract Weaving data from law and the social sciences with her experience as an international graduate student at Yale Law School and then as a chaired professor who has taught in numerous universities across the globe, the author explores the current moment of backlash against the promotion of the values of equality, diversity, and inclusion. When constitutions are under strain, as they are today in many parts of the world, the rights of women and LGBTQ+ persons are among the first to be targeted and restricted. This Afterword highlights the role of law schools as gatekeepers to the gilded profession of lawyering and their heightened responsibility to guard against the dispossession of rights of women and sexual minorities, which is both a bellwether for and a consequence of today’s era of deepening polarization and democratic backsliding.

Humor lwowski w Czarnohorze, czyli: Lato spokojnych wariatów. Lipiec–sierpień 1937

The aim of the article is to introduce the humour of the Lviv intellectual milieu of the interwar period. The contribution is based on source material in the form of a preserved journal of the expedition to the Chornohora in 1937. The paper sheds some light on the main issues related to the notion of a sense of humour in human culture and then edits the source material. The material made it possible to identify one of the participants of the expedition, Stanisław Hubert (1905–1983), a Polish professor of law. The journey to the Eastern Carpathians was an expedition that took place shortly after he obtained his habilitation degree at the Jan Kazimierz University in Lviv. The humour presented in the journal is of an intelligent and affiliative nature referring to the experienced unexpected situations that took place during the expedition. It can be hypothesised that this is a type of surrealist humour that had its origins in the 1920s and is still present in the culture today.