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Full-Text Articles in Law

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler Nov 2010

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler

Steven S. Gensler

No abstract provided.


Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Nov 2010

Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Oct 2010

Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Compliance Requirements For Chinese Automobile Market Players, Tao Liang Oct 2010

Compliance Requirements For Chinese Automobile Market Players, Tao Liang

Tao LIANG

Since November 2009, China has passed the United States to become the biggest automobile market in the world. At the same time, China has also surpassed Japan as the largest automobile manufacturer around the world with an annual manufacture capacity of 13.759 million automobiles. In consideration of the importance of the Chinese automobile market, several international automobile giants, including Volkswagen, Toyota, GM, Chrysler, Ford and so on, are injecting more and more capitals, technology and other kind of resources into Chinese market in order to seize a bigger market share within China to leverage their business performance on a global …


Foreign Investment Catalogues And Investment Environment In China, Tao Liang Oct 2010

Foreign Investment Catalogues And Investment Environment In China, Tao Liang

Tao LIANG

On 23 December 2008, the National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) of People’s Republic of China jointly issued Catalogue of Foreign Investment Advantageous Industries in Central and Western China (“Central and Western Catalogue”), which became effective on 1 January 2009. This marks the second revision to the Central and Western Catalogue since its first promulgation in 2000 (the previous revision occurred in 2004). The Central and Western Catalogue was issued to supplement the Foreign Investment Industrial Guidance Catalogue (“Guidance Catalogue”) which was jointly revised by NDRC and MOFCOM on 31 October 2007 and became effective …


Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto Sep 2010

Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo Sep 2010

Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

This book makes an attempt to articulate a comprehensive vision, not only social and political of the paramilitary phenomenon, but also institutional and legal of the institutional weaknesses underlying the Colombian state capture by the mafias and political actors. Articulating these dimensions allows us to understand better the risks of our political regime, and develop social and institutional proposals that can help address them.


Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam Sep 2010

Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pakistan’S Dialogic Turn, Shubhankar Dam Sep 2010

Pakistan’S Dialogic Turn, Shubhankar Dam

Shubhankar Dam

No abstract provided.


A Circumspect Look At Problem-Solving Courts, Richard Boldt Sep 2010

A Circumspect Look At Problem-Solving Courts, Richard Boldt

Richard C. Boldt

No abstract provided.


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jul 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …


Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas Jun 2010

Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.


Expertos Y Seguidores. Poder Nominador Del Presidente, Burocracia Y Capacidad Del Estado Colombiano, 2002-2010, Javier Revelo-Rebolledo Jun 2010

Expertos Y Seguidores. Poder Nominador Del Presidente, Burocracia Y Capacidad Del Estado Colombiano, 2002-2010, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

No abstract provided.


China's Approval Regime On Outbound Investment, Tao Liang May 2010

China's Approval Regime On Outbound Investment, Tao Liang

Tao LIANG

On February 26, 2010, the Ministry of Commerce of China (“MOFCOM”) issued the Guiding Opinions on 2010 Outbound Investment and Cooperation indicating that non-financial outbound direct investment amount increased by 6.5% from $40.7 billion in 2008 to $43.3 billion in 2009. Against the background of the severe international financial crisis and economic downturn in 2009, such growth of outbound investment is remarkable around the world. On March 28, 2010, after a drawn-out negotiation, Zhejiang Geely Holding Group Co., Ltd (“Geely Group”) executed a definitive agreement with Ford Motor Company (“Ford”) in the presence of Li Yizhong, Minister of the Ministry …


From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray May 2010

From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray

Laura K. Ray

No abstract provided.


The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler Apr 2010

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Steven S. Gensler

No abstract provided.


A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel Apr 2010

A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel

Joseph T Thai

No abstract provided.


Did Justice Stevens Change?, Joseph Thai Apr 2010

Did Justice Stevens Change?, Joseph Thai

Joseph T Thai

No abstract provided.


Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto Apr 2010

Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand Mar 2010

Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand

Michael A Helfand

No abstract provided.


The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt Dec 2009

The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt

Richard C. Boldt

More than 2,000 drug courts now operate throughout the U. S. and in a number of other countries. Hundreds of other problem-solving courts derived in one way or another from drug courts are also in operation. The data seem to indicate that drug courts increase the retention rate of clients in treatment and, for those participants who complete the program, may lead to reduced rates of either re-arrest or re-conviction relative to control groups of substance misusing offenders processed through the traditional criminal system. There is, however, considerable variation in outcome associated with offender characteristics and local institutional practice. Consequently, …


Public Service And Consultant Work: Chair Of The Workforce Subcommittee, Alternative Standards Of Care During Public Disasters, Dean Hashimoto Dec 2009

Public Service And Consultant Work: Chair Of The Workforce Subcommittee, Alternative Standards Of Care During Public Disasters, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox Dec 2009

Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox

Kenneth H Fox

This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.


The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray Dec 2009

The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray

Laura K. Ray

No abstract provided.


Winterthouhgts, Matilda Arvidsson Dec 2009

Winterthouhgts, Matilda Arvidsson

Matilda Arvidsson

No abstract provided.


Resolving Cases On The Merits, Jay Tidmarsh Dec 2009

Resolving Cases On The Merits, Jay Tidmarsh

Jay Tidmarsh

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.


How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet Dec 2009

How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Citation Of Blogs In Judicial Opinions, Lee F. Peoples Dec 2009

The Citation Of Blogs In Judicial Opinions, Lee F. Peoples

Lee Peoples

No abstract provided.


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder Dec 2009

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …


Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate Dec 2009

Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate

Manoj S. Mate

This article examines two critical "moments" in the expansion of judicial power in India: the assertion of the basic structure doctrine and the development of the PIL regime in the post-Emergency Indian Court. The Indian Supreme Court asserted two key functional roles in these moments: (1) the role of a constitutional guardian in asserting its role in preserving the basic structure of the Constitution, and (2) as a champion of the rule of law and responsible governance in developing PIL. Though both moments were significant in the empowerment of the Indian Supreme Court, I argue that development of PIL was …