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Articles 1 - 30 of 78
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire
Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire
Ufuoma Barbara Akpotaire
In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.
AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low compared to some countries in …
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Francine T. Sherman
No abstract provided.
Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai
Amy Lai
My paper critiques the Model Act governing Assisted Reproductive Technology proposed by the American Bar Association in February 2008, for its unnecessarily stringent, one-size-fits-all consent standard governing posthumous reproduction, as well as its far-reaching implications for federal and state legislatures, despite the purportedly modest language of the statute. The paper, by weighing several pertinent factors relating to consent and posthumous conception, advocates a lesser consent standard for the use of deposited, cryopreserved gametes. In addition, it argues that the Model Act promulgates intent-based parenthood which in turn affirms bridging an arbitrary gap between consent and inheritance. Gloria Banks' constructive/ prospective …
Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto
Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman
Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman
Francine T. Sherman
No abstract provided.
Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto
Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Healthcare In Cuba, Carmen M. Cusack J.D.
Healthcare In Cuba, Carmen M. Cusack J.D.
Carmen M Cusack
Poor Americans who lack health-insurance or have little opportunity to access specialized or non-emergency medical treatment in the U.S. should be permitted by the U.S. State Department to spend money in Cuba in order to receive inexpensive medical treatment, and should be allowed to stay (and spend) in Cuba as long as necessary in order to receive inexpensive medical treatment. If Americans were permitted by an exception in the Helms-Burton Act to spend money in Cuba and visit for medical purposes, then Cuba would likely treat these Americans for a very low cost. This can be argued because 1) Cuba …
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
Michael Greenberger
The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …
Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto
Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Richard C. Boldt
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Richard C. Boldt
No abstract provided.
The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt
The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt
Richard C. Boldt
No abstract provided.
A Circumspect Look At Problem-Solving Courts, Richard Boldt
A Circumspect Look At Problem-Solving Courts, Richard Boldt
Richard C. Boldt
No abstract provided.
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt
Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt
Richard C. Boldt
he diagnosis and treatment of alcohol and other drug (AOD) use disorders has for the most part been confined to a narrow band of the U.S. heath-care system. Recently, some hospital emergency departments and, especially, trauma centers have taken the lead in seeking to integrate AOD diagnosis and treatment through the adoption of screening and brief intervention protocols. The available data suggest that the practice of providing screening and either brief interventions or referrals for more intensive AOD treatment can significantly reduce re-injury rates. Despite these encouraging statistics, many trauma centers and emergency departments still do not provide these services …
The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt
The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Review Of "Health Law And Bioethics: Cases In Context", Michele L. Mekel
Review Of "Health Law And Bioethics: Cases In Context", Michele L. Mekel
Michele L Mekel
A review of the book "Health Law and Bioethics: Cases in Context"
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
Matthew Rimmer
This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the …
Macarthur Foundation, Consultant, Francine Sherman
Macarthur Foundation, Consultant, Francine Sherman
Francine T. Sherman
Consulted on ways to incorporate girls' issues into MacArthur Foundation juvenile justice grant-making
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli
Michael Greenberger
The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act, Stafford …
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Mary J. Shariff
This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff
Mary J. Shariff
This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …
Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg.
Women Health Issues And Women Consumers, Ranganath Ranganath Vg Vadapalli Vg.
Dr. V.G.Ranganath
Women are the greatest asset of the society and the nation. Empowerment of Women in Health and Consumer aspects may lead to a better health status. It was only from the Sixth Five year Plan onwards that women secured a special role and space in the national plans and planning process primarily with thrusts on health, education and employment. The Seventh Five year Plan aimed at raising health consciousness among women.
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
Antidote: Strategies For Containing America's Runaway Health Care Costs, Leslie Meltzer Henry, M. Gregg Bloche
Antidote: Strategies For Containing America's Runaway Health Care Costs, Leslie Meltzer Henry, M. Gregg Bloche
Leslie Meltzer Henry
Soaring healthcare costs have put medical spending at the top of the national agenda and in the spotlight of the 2008 elections. Both the public and private spheres are struggling with this urgent problem. Medicare and Medicaid spending are straining federal and state budgets, private employers are abandoning coverage or shifting costs to workers and their families, and firms that provide generous coverage are risking their competitiveness in the global economy. Meanwhile, nearly 50 million uninsured Americans remain hostage to uncontrolled health costs, while the combustible combination of third-party payments and technological advances continues to fuel spending. Quality and value …