Digital Commons Network^™

Human Rights Protection Under The Nigerian Constitution, Ibrahim Sule

Ibrahim Sule

No abstract provided.

Nova Law Review-Volume 33-2008-2009, Michael T. Fraser, Jeremy Dicker, Sanaz Alempour, Laurence Krutchik

Law Review Mastheads

No abstract provided.

Special Tribunal For Lebanon: Some Preliminary Reflections, Sridhar Patnaik Dabiru

Dabiru Sridhar Patnaik

No abstract provided.

An Appreciation Of Marc Galanter’S Scholarship, John Lande

Law and Contemporary Problems

Lande highlights three of Marc Galanter's works to illustrate qualities that seem especially worth emulating. He includes extended excerpts of his writing because his concepts and language are so evoctive that paraphrasing often does not do them justice. Galanter's works that Lande focuses, include the classic articles, "Why the "Haves" Come Out Ahead: Speculations on the Limits of Legal Change"; and "Case Congregations and Their Careers". The professor's recent book, Lowering the Bar: Lawyer Jokes and Legal Culture, is also featured. The book is the culmination of much of his work on American law.

Answering "Now What?" How To Find And Interview For Your First Law Library Job., Katherine Marsh, Nathan Preuss

Katherine Marsh

No abstract provided.

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …

Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms

Fiona David

This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.

Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher

Dave De ruysscher

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

The Christian At War, Marc A. Clauson

Marc A. Clauson, J.D., Ph.D.

No abstract provided.

Theodore Price Roberts A Tribute To Professor Theodore P. Roberts, David Swank

David Swank

No abstract provided.

True Sooner Ted, David Swank

David Swank

No abstract provided.

From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

Erik Ugland

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …

Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey

Sam Grey

Despite decades of clinical research being carried out in the 'developing' world, neither the socio-political and economic context of the global South, nor the nature and historical trajectory of global inequality have played a substantive role in determining the nature and extent of North-to-South bioethical obligations. Instead, context has been used to vacate obligation, shut out theories of justice, and collapse the “four principles' of bioethics” – sacrosanct in the 'developed’ world - into a singular, non-negotiable focus on autonomy as a procedurally-defined right. Proponents of a minimum-standards system of international clinical research conflate scientific, statistical, economic, and ethical issues, …

In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey

Sam Grey

Just War Theory asserts that armed conflict can be fought in a way that safeguards moral and legal norms while responding to pragmatic/military imperatives. One of the ways in which it seeks to safeguard justice is through specific provisions for the immunity of, and due care for, the vulnerable and innocent. Unfortunately, two doctrines within Just War Theory – the Doctrine of Double Effect and the Doctrine of Supreme Emergency – suspend or vacate these provisions. The net effect is to render justifications inaccessible, leaving only excuses, the use of which establishes that no one is truly accountable, no meaningful …

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.