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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team Jan 2106

Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter Aschenbrenner Dec 2104

All Things To All People, Part One, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Dec 2103

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


The Bc Ninth Circuit Appellate Program Provides Pro Bono Representation To Non-Citizens With Criminal Convictions. A Central Criticism Of Immigration Law Is That It Treats Hundreds Of Crimes The Same, Failing To Take Into Account That State And Federal Judges Consider Specific Offenses Not Serious Or Deserving Of Probation Instead Of Incarceration. The Clinic’S Mission Is To Use Federal Court Advocacy To Restore Proportionality And Common Sense Into The Immigration Consequences Of Criminal Convictions. Dec 2019

The Bc Ninth Circuit Appellate Program Provides Pro Bono Representation To Non-Citizens With Criminal Convictions. A Central Criticism Of Immigration Law Is That It Treats Hundreds Of Crimes The Same, Failing To Take Into Account That State And Federal Judges Consider Specific Offenses Not Serious Or Deserving Of Probation Instead Of Incarceration. The Clinic’S Mission Is To Use Federal Court Advocacy To Restore Proportionality And Common Sense Into The Immigration Consequences Of Criminal Convictions.

Kari E. Hong

No abstract provided.


Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Behind The Book, Maloney Library Nov 2017

Behind The Book, Maloney Library

Posters

2nd Amendment in an Age of Terror; Saul Cornell; Nicholas Johnson; Eric Sundrup; Well-Regulated Militia; Negroes and the Gun


Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles Aug 2017

Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles

Jeffrey John Miles

This paper seeks to sketch the contours of the interordinal web of the current laws, and delineate problem areas where the law fails to reach as well as the areas where law exists, yet remains misapplied. In doing so, I am hoping to continue the dialectic begun by Alexander Bauer in his 2008 piece, New Ways of Thinking About Cultural Property: A Critical Appraisal of the Antiquities Trade Debates as well as borrow some inspiration from the interordinal analysis applied by Gordillo in his groundbreaking recent work, Interlocking Constitutions. This is a top-down perspective, with less attention to each individual ...


Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles Jul 2017

Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles

Jeffrey John Miles

This Comment offers a potential solution to the conflict between the common law tradition exemplified by Kovacik v. Reed and the Revised Uniform Partnership Act (“UPA (1997)”). The paradox arises at the dissolution of a partnership where one partner (the “capital partner”) has provided money to the venture and other partner (the “service partner”) has simply contributed his services, without drawing a salary. The partners have agreed to share future profits equally. Like many partners, they have not bargained at the outset over what will happen if their venture loses money. When the partnership does lose money, the capital partner ...


Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online Jun 2017

Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online

AGEN POKER ONLINE INDONESIA TERPERCAYA STUDISOLUTION.COM

KEBUNPOKER.COM AGEN JUDI DOMINO99 AGEN POKER BANDARQ ONLINE TERPERCAYA DI INDONESIA- Pilihan bank besar di atas adalah yang mendukung SMPPoker di dalam situs judinya, Member akan mudah sekali melakukan transaksi dengan banyaknya pilihan bank dalam sebuah situs judi online, Hal ini sangat penting karena ini adalah alat transaksi saat memainkannya, Misal seperti transaksi deposit dan widraw.
SMPPoker adalah situs judi yang sudah lama menjadi naungan pecinta judi indonesia untuk melakukan permainan judi online, Setelah situs judi ini mengaplikasikan permainan poker di dalam situs judinya, Permainan ini lalu sebagai permainan judi yang di unggulkan karena setiap harinya ribuan membernya memainkannya ...


The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer Apr 2017

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple Apr 2017

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Law Publications

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh Mar 2017

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh

Pasha L. Hsieh

This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration.  It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy.  For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives.  The development crisis of the Doha Round requires a feasible “Plan B” for ...


Are They Pirates Or Pioneers?, Ashley Song Feb 2017

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne A. Jacobs, Victoria Cino, Britney Decosta Feb 2017

The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne A. Jacobs, Victoria Cino, Britney Decosta

Laverne Jacobs

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario which enacted the Ontarians with Disabilities Act in 2001 and later a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. In this article, we provide an overview of the Accessibility for Manitobans Act highlighting its purpose, philosophical and social goals; the standards to be developed and the process for developing the standards; information on the compliance and enforcement of the statute (including penalties and appeal mechanisms) and statutory review of ...


Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman Feb 2017

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace: a ...


The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen Feb 2017

The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Charter school proliferation has disproportionately affected Black urban neighborhoods and the debate about the relationship between racial educational equity and enhanced public school choice through charters has created dissension and discord in scholarship and across Black politics, educational organizing efforts, neighborhoods, and school communities. This study is an interpretive policy analysis of the effects of charter school policy on the elementary school choice preferences and experiences of twenty Black parents living in predominately low-income and racially segregated Black Brooklyn neighborhoods where charter schools are disproportionately concentrated. It was designed to identify disparities between the values and goals of school choice ...


Taxing Wealth Seriously, Edward J. Mccaffery Jan 2017

Taxing Wealth Seriously, Edward J. Mccaffery

Edward J McCaffery

The social and political problems of wealth inequality in America are severe and getting worse. A surprise is that the U.S. tax system, as is, is a significant cause of these problems, not a cure for them.  The tax-law doctrines that allow those who already have financial wealth to live, luxuriously and tax-free, or to pass on their wealth tax-free to heirs, are simple. The applicable legal doctrines have been in place for nearly a century under the income tax, the primary social tool for addressing matters of economic inequality. The analytic pathways to reform are easy to see ...


Champions For Justice 2017, Roger Williams University School Of Law Jan 2017

Champions For Justice 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt Jan 2017

"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt

Law, Economics, & Business Workshop

No abstract provided.


Inducing Negligence, Ariel Porat Jan 2017

Inducing Negligence, Ariel Porat

Law, Economics, & Business Workshop

No abstract provided.


Rethinking Deference: How The History Of Church Property Disputes Calls Into Question Long-Standing First Amendment Doctrine, Eric G. Osborne, Michael D. Bush Jan 2017

Rethinking Deference: How The History Of Church Property Disputes Calls Into Question Long-Standing First Amendment Doctrine, Eric G. Osborne, Michael D. Bush

SMU Law Review

Long-held constitutional principles state that where the factual foundation that underlies a decision is shown to have been wrong, the Supreme Court will reconsider that body of law. This article demonstrates that the foundations upon which the entire doctrine of church property law has been developed may be wrong, necessitating a reconsideration of that area of law. Watson v. Jones, 80 U.S. 679 (1871), a divisive church property dispute from Kentucky, marked the United States Supreme Court’s first entry into church property disputes. Prior to Watson, state courts had handled church property disputes according to the rules of ...


Parens Patriae And The States’ Historic Police Power, Margaret S. Thomas Jan 2017

Parens Patriae And The States’ Historic Police Power, Margaret S. Thomas

SMU Law Review

Class actions have long been contracting as procedural vehicles in mass tort litigation. At the same time, parens patriae actions brought by state attorneys general for injuries to their state’s citizenry have been expanding. This form of public dispute has emerged as a full-fledged alternative form of aggregate litigation in mass torts. The use of this public alternative is already widespread in consumer, antitrust, environmental, and health law cases.

Despite the widespread use of parens patriae litigation by states, the source of the power to sue in this way is vague and ill-defined. Courts have struggled to articulate and ...


Branded, Irina D. Manta Jan 2017

Branded, Irina D. Manta

SMU Law Review

Marks are traditionally said to serve three functions that are separate from the goals of other forms of IP: source identification, advertising, and guarantee of quality. The story, however, that patents and copyrights incentivize creation and that trademarks do not fulfill that purpose does not withstand scrutiny. This Article argues that brands have evolved in such a way that they serve important incentivizing purposes of their own, and that trademark law influences their ability to do so. This Article identifies three generally neglected functions of trademarks. The first pertains to the creation of original, unique marks and brands in and ...


Appearance As A Feminist Issue, Deborah L. Rhode Jan 2017

Appearance As A Feminist Issue, Deborah L. Rhode

SMU Law Review

No abstract provided.


Front Matter Jan 2017

Front Matter

SMU Law Review

No abstract provided.


The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax Jan 2017

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

Faculty Scholarship

Research in deprivation neuroscience has grown rapidly over the past 15 years. Studies in this field examine brain structure and function of individuals from disadvantaged backgrounds. Many attempt to link brain characteristics to behavioral and cognitive deficits found more commonly in deprived populations.

The article assesses claims by neuroscientists and policy-oriented commentators that deprivation neuroscience can help generate more effective strategies for addressing poverty and deprivation. It concludes that research in this field has no unique practical payoff for reducing or alleviating poverty and its effects, over and above what is known or can be discovered from behavioral science and ...