Professor Of Law Research Articles

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.

Culturally Proficient Lawyering: A Framework and Rubric Supporting Learning Outcomes and Objectives

Culturally Proficient Lawyering is an important guide for legal educators who are employing cultural proficiency course objectives in accordance with new American Bar Association (“ABA”) accreditation Standard 303(c). The recently adopted Standard 303(c) requires that law schools educate students about “bias, cross-cultural competency, and racism.” This Article is among the first to propose a comprehensive curricular framework that supports Standard 303(c) outcomes and objectives. It includes an important resource for law professors with a sample exercise and a rubric tool that will aid in assessing students’ culturally proficient lawyering awareness, knowledge, and skills.

Optimizing Mediation Assistance as a Realization of Fair Dispute Resolution through the "Ayo Mediasi" Application

Mediation, as defined in Article 1 point 1 of the Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Mediation Procedures in Court, is a method of settlement that uses a negotiation process to reach an agreement between the parties with the assistance of a Mediator. Mediation must be used as a tool to reduce the number of civil cases in court. This study intends to achieve the ease of implementing mediation with high transmission, confidentiality of the parties' names, shorter phases, a quick process, and easy access to the community. This is a descriptive analytical study that takes a normative legal approach. The results of this research show that mediation service providers use the "Ayo Mediasi" application to resolve civil matters outside of prosecution, collaborate with mediators from professional law firms, and are eager to invite the parties to reconcile.

Reason to hope

Drucilla Cornell’s legacy defies easy summary. Thrown out of Stanford for protesting the Vietnam War, by the age of 20 she was organizing sweatshop workers for the United Auto Workers. Union organizing led her to law school (her only post-graduate degree is in law) and eventually a job as a law professor. Meanwhile, a defining encounter with Hegel at the age of 15 launched her intellectual trajectory, which would be followed by various schools of post-Hegelian thought (the Frankfurt School, Derridian deconstruction, Lacanian psychoanalysis, among others), feminisms both practical and theoretical, Rawlsian liberalism and, in her final work, African and Afro-Caribbean philosophy (I am leaving aside her plays and book on Clint Eastwood). Ecumenicism of this breadth can be a sign of shallow thinking. In her case, however, she had a sustained engagement with each tradition of thought, aimed at coaxing its essence from its native vocabulary in the faith that productive dialog is possible between radically different, and even opposed, intellectual traditions. In this reminiscence and memorial piece, I remember Drucilla as a teacher, mentor and friend.

A formação em Direito Sanitário: experiências acadêmicas no Brasil e Espanha

Objective: To understand the training experiences in Health Law adopted in Brazil and Spain and reflect on their challenges, successes, and/or limitations, especially because it is a topic that has been little explored in academic-scientific literature. Methodology: The experience report method was adopted, using the storytelling technique, which allowed for the narrative of the course experiences in Brazil and Spain from the perspective and experience of their respective coordinators, without the inclusion of students or faculty in the narratives. Results: The study presented reports of experiences of a lato sensu course already consolidated in Brazil in the face-to-face modality and, to fill the educational gaps in the field of Health Law, it is also offered in the distance learning modality. The Spanish experiences, on the other hand, presented a traditional model of a stricto sensu course, with an academic and professional focus, offered to professionals in Law and Health, along with a modular distance learning option that allowed the acquisition of corresponding titles based on obtained credits. Conclusion: The consolidation of health as a right must assume a commitment to expanding the capacity of professionals in Law and Health to defend health interests. There is no doubt that training in Health Law is imperative for any professional working, directly or indirectly, with health-related issues. Submission: 10/23/24 | Approval: 10/23/24

THE IMPORTANCE OF (RE)FRAMING CONVERSATIONS IN LEADERSHIP

AbstractThe author, a law professor at the University of Texas at Austin, adapted his article from his recent book Habits of a Peacemaker: 10 Habits to Change Our Potentially Toxic Conversations into Healthy Dialogues. He notes that one particular habit “can be especially helpful for organizational leaders seeking to solve any number of problems. It is useful when talking about divisive policy issues, but it is just as important when talking about any of the challenges organizations face on a daily basis. It is the habit of framing and reframing conversations.” He notes that “whenever two or more people are discussing a given issue, how the topic is framed is perhaps the most important step in the process.” He first uses the example of a legal dispute, but notes how in a court of law, “strict rules force a certain level of emotional control and civility in the courtroom.” Moving to a workplace setting, he contends that “as a leader, the next time you are beginning a conversation or leading a dialogue about any topic, think first about how you want to frame it. In large measure, that will determine where the conversation goes and how productive it will be.”

9.Q. Round table: Strengthening public health law for public health professionals

Abstract Law is a tool that public health experts can use to improve population health. Generally, law offers a range of opportunities: it can encourage healthy and safe behaviours; it can change and shape the physical and social environments; influence the social determinants of health, as well as structure the public health system. Law can also compel or restrict, and legal systems can provide accountability and oversight. ‘Public health law’ stands at the intersection of public health and law, and offers a range of powerful tools for improving health (Burris et al, 2018). While public health law is an important field for public health professionals, there is a lack of knowledge about this field, and a lack of interaction between public health professionals and law professionals. There is also a need to understand the ways law might challenge public health goals. For example, law can be used to promote goals which do not improve public health, or public health concerns can be sidelined, and law can be a tool for challenging specific public health interventions. The focus of this roundtable will be on identifying and building necessary capacities for using law by public health professionals. End-goal is to identify new initiatives to consolidate and to strengthen public health law as an important field for public health professionals. To achieve these aims, we have set three practical steps for the roundtable to embark on: 1) strengthening collaboration; 2) identifying knowledge gaps and opportunities; and 3) starting new initiatives: 1) Strengthening the collaboration and building new partnerships: we bring together experts from law and public health to identify the gaps and opportunities when it comes to implementing law by public health professionals. The roundtable will foster new collaborations and partnerships between law and public health professionals. 2) Identifying gaps and opportunities: there is a need to identify deficiencies in health policy research and how to use scientific legal research methods to overcome these problems. Relatedly, to share experiences and best practices when it comes to teaching public health law. Opportunities include the transdisciplinary model and legal epidemiology; a focus on the commercial determinants; and applying a human rights lens. Panelists - in an interaction with the audience - will identify key opportunities and discuss ways to implement them. 3) Starting new initiatives: panelists will be asked to concretize existing initiatives and discuss with the audience how they can be integrated in the field, based on our new partnerships. New collaborations will be identified. This may vary from building a new network, applying for a joint research grant or for strengthening or complementing existing teaching modules. Altogether, this roundtable aims to strengthen our understanding of existing efforts and of the various ways in which public health expertise can be integrated in better law making. Key messages • Drafting of sound laws that improve health is a joint practice of various professionals, including legal and public health professionals. • We need to strengthen existing capacities and build new ones for using law by public health professionals. Speakers/Panelists Timo Clemens Maastricht University, Maastricht, Netherlands Regien Biesma UMC Utrecht, Utrecht, Netherlands Edward Kirton-Darling University of Bristol, Bristol, UK Scott Burris Temple University, Philadelphia, USA Dominique Mollet Joint Research Council EU, Ispra, Italy

Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

Strategies for Enhancing Legal Application Skills among College Students

In modern society, improving legal application abilities is crucial to college students' personal development and career planning. With the progress of society and the continuous changes in the country's legal application environment, college students, as the main force leading social changes, need to improve their legal application capabilities to solve many legal problems that arise in social development and promote the country's legal environment and rule of law. Capacity building. Improving the legal application ability of college students is an urgent requirement for building a socialist society ruled by law and an inevitable requirement for implementing the basic strategy of governing the country according to law. The current actual situation is that college students have low legal application ability and there are some problems, mainly lack of legal knowledge, weak legal awareness, and lack of legal practical experience. In today's era, except for professional law students, the legal studies of ordinary college students are mainly concentrated in the political field, and they only learn some simple basic legal knowledge. In the learning process, they pay too much attention to theoretical knowledge, lack practical application capabilities, and lack of practical experience, which makes them Insufficient ability to understand and apply legal knowledge. This article mainly discusses the legal application ability of ordinary college students other than law students. By analyzing the reasons for the problems in college students' legal application ability, it proposes corresponding strategies: First, improve classroom teaching links and optimize legal education content. The second is to establish scientific training concepts and strengthen the cultivation of practical experience. The third is to create a three-dimensional training environment and enhance the cultivation of legal awareness. The fourth is to construct effective practice links and cultivate college students’ legal application abilities. Through the above-mentioned strategies, we can improve the legal application ability of college students, so that they will pay more and more attention to and become accustomed to resolving disputes through legitimate legal channels and protect their legitimate rights and interests. At the same time, they can also contribute to the progress of society and the construction of the rule of law in the country. Make a contribution.

THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE

This article reconsiders the life and record of Supreme Court Justice Felix Frankfurter. Frankfurter was smart, hardworking, and talented, serving as a great activist lawyer and important law professor in his early career. When nominated to the court, there were high hopes he would follow Holmes and Brandeis in leading a progressive Court that would protect civil liberties and minority rights. However, it was not to be. On the Court Frankfurter became increasingly conservative and ultimately reactionary. In his opinions, he upheld persecution and discrimination of religious and racial minorities, occasionally hindered racial justice and civil liberties efforts, and opposed due process in criminal trials and fairness in elections. Arrogant and dismissive, he constantly fought with his brethren, alienating almost all of them. In the end Frankfurter was far too often on the wrong side of history, liberty and the law, and even legal ethics. The tragedy of Frankfurter is that he abandoned the constitutional rights and protections that he supported from his graduation from law school until he donned his robes. He could have been a great justice. Sadly, he was not.

Lies my child welfare system has told me: The critical importance of centering families' voices in family policing legal advocacy

AbstractThe web of law, regulation and policy which forms the modern day “child welfare” system is organized around one central unifying principle: the notion that these laws, regulations and policies are necessary to protect and save children. Yet an ever‐growing and overwhelming chorus of “lived experts” – individuals who have been impacted as a parent and/or child by what is more aptly called the family policing system – as well as by advocates and scholars, are drawing attention to the degree of harm the system causes to the families it purports to help. Even though the harms the family policing system causes are well known, the family policing system continues to justify these harms as warranted in the name of protecting children. More concerning, even well‐meaning advocates and scholars who acknowledge the harms, implicitly and explicitly continue to perpetuate the big lie that the family policing system's intention is benevolent and caring. The impetus for any law is a story; law identifies a problem and seeks to resolve it. But what happens when the story is false? The stories we tell about the need for family policing perpetuate harm and replicate systemic racism. Most importantly, the impact of these false narratives can be felt through generations of families leaving devastated communities. The stories, perspectives and opinions of those most impacted by the system historically have been, and continue to be, intentionally left out of the making of law and policy, and even in the teaching of the law. Unless the actual perspectives of families are present to challenge the stories that are woven into the law, these narratives will continue to create significant obstacles to critical thought about the law, prevent meaningful legal change, and ultimately cause continued harm to families and communities. In this essay, in the tradition of participatory law scholarship (Note: Rachel Lopez, Participatory Law Scholarship, 123 Colum. L. Rev. 1795 (2023) [“Participatory Law Scholarship or (PLS)… is an emerging genre of legal scholarship written in collaboration with authors… who have no formal training in the law but rather expertise in its function and dysfunction through lived experience.”]), the authors, a parent and professional advocate, and a clinical law professor and attorney, seek to unpack the myths which are built into the laws of family policing. In reckoning with these myths, the paper seeks to propose a critical framework to both acknowledge the intentional trauma and harm caused by the family policing system, and to disrupt and dismantle the fictions that are the underpinnings of the laws and regulations that continue to perpetuate these harms. Ultimately, this paper argues that by centering the lived expertise of families' voices and perspectives in legal advocacy, we can form a cogent vision for true safety for families and communities.

Economic security of Ukraine in wartime: challenges and prospects

The Russian invasion of Ukraine has dramatically impacted the country’s economic security. This paper investigates the critical role of economic security within the broader framework of national security in Ukraine under wartime conditions. The study highlights the significant overlap between economic stability and national resilience while analyzing Ukraine’s current economic security model, detailing components such as financial, industrial, food, and energy security. The authors argue that legal and institutional reforms, alongside strategic efforts to enhance market competition, investment climate, and technological innovation, are crucial for sustaining economic growth amidst conflict. Additionally, the research draws parallels between Ukraine’s security framework and similar strategies in the EU countries and the United States, suggesting that a more integrated approach to economic and national security could bolster Ukraine’s long-term stability and global competitiveness. The authors, with their academic perspectives and expertise as law professors and enforcement officials, provide in-depth insights into the legal and institutional challenges faced by Ukraine in maintaining its economic security during wartime.

Kewenangan Penyidikan oleh ANKUM pada Kasus Pidana Militer dalam Menghadapi Tantangan Konflik Kepentingan Internal

Criminal law enforcement in Indonesia involves different procedures between civil society and the military, especially at the investigation stage. In the military context, Law Number 31 of 1997 concerning Military Justice stipulates investigative authority involving superiors who have the right to punish (ANKUM), military police, and prosecutors. However, there is debate regarding ANKUM's authority in investigations, especially regarding professionalism and fairness, because ANKUM does not always have adequate investigative expertise. This research aims to analyze ANKUM's authority in the process of investigating military criminal cases, as well as the challenges of internal conflicts of interest that may arise. The research method used is normative juridical with an analytical and statutory approach. The research results show that ANKUM has an important role in the investigation process, including conducting preliminary examinations, receiving reports, and carrying out detentions. However, ANKUM often faces internal conflicts of interest and limitations in exercising its authority, which can affect the fairness and professionalism of the legal process. The Military Discipline Advisory and Supervision Council (DPPDM) functions to supervise and provide consideration of ANKUM's authority. This research suggests the need for stricter supervision and improvement of the functions of the DPPDM to ensure fair and professional law enforcement.

Expiration of Commitment in Islamic Jurisprudence and the Civil Law of Afghanistan

Commitment in jurisprudence is a legal relationship between two persons, by virtue of which the liability of one is engaged in favor of the other. The legal system of Afghanistan, in Article 488 of its Civil Code, defines commitment as follows: "A personal right or obligation is a relationship between the creditor's and the debtor's conscience, by virtue of which the creditor can demand from the debtor the granting of a thing, the performance of an act or the abstention from it." The expiration of commitment is one of the major and specialized topics in the jurisprudence and civil law of Afghanistan. Commitment in jurisprudence is extinguished through fulfillment of the covenant, release, rescission or dismissal, impossibility of enforcing the commitment, unity of obligation, expiration of the term of commitment, set-off, assignment, death of the obligor and loss of capacity, and in the legal system of Afghanistan, it is extinguished through fulfillment of the commitment, and through equivalents of fulfillment of the commitment such as payment in lieu, transformation of the commitment, representation, execution, and unity of obligation, and other than through fulfillment, release, impossibility of enforcing the commitment and prescription. This research has been conducted with the aim of understanding and recognizing the expiration of commitment in jurisprudence and the Civil Code of Afghanistan. This research is applied in terms of purpose and descriptive-analytical in nature, and the data of this research has been analyzed qualitatively. The findings of this research have shown that there is a correspondence between commitment in jurisprudence and the Civil Code of Afghanistan. The findings of this research can be useful for judges, defense lawyers, and professors of law and political science at universities in Afghanistan.

The legal principle of the prohibition of retroactive effect of the law in time and its exception: modern interpretation

The article considers the prospects of extending the exception to the principle of prohibition of retroactive effect of the law in time to legal relations related to the improvement of the legal status of individuals and legal entities. The relevant activity of law-making and law-enforcement bodies is analyzed. Both positive and negative features of such activity are indicated. In the context of the above, the genesis of the emergence of the legal principle of the prohibition of retroactive effect of the law in time and its modification regarding the exception to it in modern conditions are investigated. It is claimed that the principle of prohibiting the retroactive effect of the law in time and an exception to it was normatively recorded for the first time in the Criminal Code of France in 1810, where Article 65 provided that no crime or misdemeanor can be forgiven, and the punishment is mitigated, except for cases where the new law abolishes criminal liability for a specific act or allows for a lighter punishment to be applied to it. Over time, this idea was reflected in international political and legal documents. Thus, the International Covenant on Civil and Political Rights included a provision that stipulated that if a lighter punishment is established by law after the commission of a crime, the effect of this law shall apply to this criminal (Article 15). At the same time, already in the 90s of the 20th century, the national legal systems of individual countries went further and extended the effect of this principle not only to the sphere of legal responsibility, but also to legal relations related to the improvement of the legal status of individuals and legal entities. For example, the Constitution of the Republic of Macedonia of 1991 reflected the provision according to which laws and other acts cannot have retroactive effect, except in cases where it is in favor of the citizen. A similar provision is contained in Article 149 of the 1995 Constitution of the Republic of Azerbaijan, which stipulates that normative legal acts that improve the legal status of individuals or legal entities, exempt from responsibility or mitigate it, have retroactive effect. In the context of the above issues, examples of judicial enforcement of the specified principle and exceptions to it are considered. In particular, it refers to the decision of the Constitutional Court of Ukraine dated 04/05/2001 and the special opinion of the member of the Constitutional Court of Ukraine, Professor of Law M.I. Kozyubry, who noted that under certain conditions, laws and other normative legal acts may not be retroactive only in the case of mitigating or canceling the responsibility of a person, and it is also allowed in cases when these acts are aimed at improving the legal status of individuals and legal entities: they contribute to the exercise of rights and freedoms, release from obligations, in particular, the payment of taxes or reduce the latter. The specified trend of legal regulation, from the author’s point of view, can be identified as the humanization of law, when a person, the satisfaction of his rights and interests really become the goal of the existence of states, the potential of which is aimed not at limiting human rights by establishing their limits, but primarily at expanding opportunities their implementation (increasing rights, reducing obligations) by providing retroactive effect of the law to which it gives permission. Key words: The legal principle of prohibiting retroactive effect of the law in time. Retroactive effect of a law that improves the legal position of individuals or legal entities.

The authority of the elders or the colonisers? Customary law and culture – which legal skills?

ABSTRACT This paper discusses findings from a pre-pandemic study of the legal skills associated with customary law. The data were collected from documentary sources, qualitative interviews, observations of 15 Anglophone African university law schools and 100 informants from different Anglophone African jurisdictions as well as information from professors of Indigenous Law at one American law school. To provide a greater insight into the research phenomenon, the paper focuses on countries that use multiple justice systems in order to highlight a conflict of laws and the justification for using skills drawn from customary law. The findings suggest that litigating cases with elements of customary law and culture requires a diversity of skills that are often incoherently integrated into the existing curriculum of training lawyers. The paper, therefore, recommends the use of clinical methods for training lawyers so that they are able to resolve cases involving customary law and culture.

All God’s Chillun Got Wings: Whiteness as Property

ABSTRACT This article examines All God’s Chillun Got Wings in the context of renowned law professor Cheryl I. Harris’s analysis of American society’s construct of whiteness as property. Harris contends that property rights in the United States were founded on white supremacy and the protection of those rights by law results in many forms of racial discrimination. The attitudes and actions of the characters in All God’s Chillun reflect the destructive application of white property rights, which dooms the marriage of white Ella Downey and her Black husband Jim Harris. Analyzing this play through the lens of whiteness as property illustrates that the entrenched societal expectations rooted in racist property rights cannot be surmounted by the two protagonists; the unwitting but persistent assertion of same by the characters results in severe dysfunction in Ella’s and Jim’s relationship, tragically culminating in Jim’s self-sabotage and Ella’s insanity.

General Report – An Analysis of Anti-Tax Avoidance Approaches in Nine European Countries: An Update to the Conclusions of the First Meeting of the European Association of Tax Law Professors in 1999

In this General Report, as well as the accompanying country reports, the authors revisit a 1999 European Taxation article discussing tax avoidance, which stemmed from the first European Association of Tax Law Professors meeting. The authors explore shifts in tax avoidance perception due to the introduction of the treaty general anti-avoidance rule (GAAR) (principal purpose test), EU GAAR and specific anti-avoidance rules post-BEPS and the two OECD Pillars. Using eight 1999 cases for comparison, it provides a fresh empirical perspective on tax avoidance in Austria, Belgium, Finland, France, Germany, Spain, Sweden, the Netherlands and the United Kingdom.