Law Commons^™

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer

Jane E Cross

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided …

The Right Thing For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.

Why The Implied Warranty Of Workmanlike Quality Should Apply To Subsequent Purchasers Of Commercial And Residential Property In Florida, Jorge R. Delgado

Jorge R Delgado

No abstract provided.

Termination Of A Lease Contract: General View From Czech And Illinois Law, Carissa Meyer, Marketa Selucka, Johan Schweigl

Carissa Meyer

Abstract:

The article’s main focus is on the termination of a lease contract from the perspective of Illinois law, which is a part of the common law American legal system, and Czech Republic law, which is a part of the continental European system. The article seeks to highlight the similarities and differences between each system, and to look at how a lease contract is terminated in each respective legal system. The article specifically focuses on the rights of both the landlord and tenant in both systems. The article also focuses on changes made to the Czech Civil Code since the …

Ultra Vires Statutes: Alive, Kicking, And A Means Of Circumventing The Scalia Standing Gauntlet In Environmental Litigation, Adam J. Sulkowski

Adam J. Sulkowski

This article makes a critical contribution to the fields of environmental and corporate law. It explains a problem in the citizen enforcement of environmental statutes: the issue of how to establish and secure standing to sue. The article then recommends a novel solution based in corporate law: the application of ultra vires statutes. The article significantly contributes to the scholarly literature on ultra vires statutes by: (1) examining thoroughly the history of the ultra vires doctrine, especially in early American history, (2) clarifying that scholars and practitioners should now cite ultra vires statutes rather than the doctrine, (3) reviewing recent …

Un Código Modelo En Lenguaje Claro, Maximiliano Marzetti

Maximiliano Marzetti

La presentación del Dr. Maximiliano Marzetti refiere a un proyecto de la Asociación Latinoamericana y del Caribe de Derecho y Economía (ALACDE) para impulsar una nueva generación de codificación civil y comercial para Latino América y el Caribe desde un enfoque integrado del análisis económico del Derecho para hacer que el derecho funcione mejor y sea más eficiente. Se trata de innovar tanto en el fondo (law and economics) como en la forma (plain legal language). La redacción en lenguaje jurídico claro ayuda a disminuir los "costos de transacción" de los lectores.

Closing Gtmo Is Not Enough, Laurel E. Fletcher, Eric Stover

Eric Stover

No abstract provided.

Closing Gtmo Is Not Enough, Laurel E. Fletcher, Eric Stover

Laurel E. Fletcher

No abstract provided.

The Sense And Nonsense Of Criminalizing Transfers Of Obscene Material: Criminalizing Privacy Violations (2008) 26 Singapore Law Review 126, Dennis J. Baker

Dr. Dennis J Baker

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of …

Fantasy Crime, Susan Brenner

Susan Brenner

The article "Fantasy Crime" analyzes activity in virtual worlds that would constitute a crime if it were committed in the real world. The article reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. It analyzes the criminalization of virtual conduct that inflicts "harm" in the real world and virtual conduct that only inflicts "harm" in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. It then analyzes the necessity and propriety of criminalizing …

The St. Thomas Effect: Law School Mission And The Formation Of Professional Identity, Jennifer Wright

Jennifer Wright

The legal profession has long been criticized for declining standards of professionalism. Recent studies have pointed to the crucial role of legal education in forming the professional identity of lawyers. Law schools must take seriously their duty to intentionally and thoughtfully shape their students’ sense of what it means to be a lawyer and of how their professional identities will align and coexist with their other personal and ethical commitments. In this article, I examine a case study of one law school, the University of St. Thomas School of Law, whose self-proclaimed raison d’etre is to produce a “different kind …

The Trouble With Putting All Of Your Eggs In One Basket: Using A Property Rights Model To Resolve Disputes Over Cryopreserved Embryos, Bridget M. Fuselier

Bridget M Fuselier

“The Trouble With Putting All of Your Eggs in One Basket:

Using a Property Rights Model to Resolve Disputes Over Cryopreserved Embryos”

Bridget M. Fuselier

ABSTRACT

This article covers a very current and relevant topic in today’s legal environment. Previous articles have merely discussed competing models or coverage of the disputes in the case law. My article embarks upon a comprehensive look at the specific problem presented and then goes on to offer a specific model with proposed legislation to address these disputes in a fundamentally more efficient manner.

As evidenced by current efforts in a number of states, the …

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy

Antoinette Rouvroy

Voir ce qui se passe dans sa rue, sur une plage aux Maldives ou au Nord-Kivu, au mètre près et en teps réel, ou presque. C'est le pari de e-Corce, un concept d'observation de la terre imaginé par l'agence spatiale française. Super Google Earth ou Big Brother?

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Contempt For The Rights Of Man: The Role Of Prosecutorial Misconduct In Virginia Capital Cases, Fay F. Spence

Fay F Spence

From reinstatement of the death penalty in Virginia in 1977, until January 2001, 132 Virginia defendants have been sentenced to death. Approximately 70% of the federal post-conviction proceedings in these cases allege some form of prosecutorial misconduct. This article discusses the appellate and post-conviction treatment of the prosecutorial misconduct allegations in each of these cases. Three cases were actually reversed because of misconduct. Courts recognized prosecutorial misconduct in another 14 cases, but held it to be “harmless error.” In 32 of the cases, the courts refused to address the allegations of misconduct, finding the issue to be “procedurally defaulted.” In …

Big-Box Bullies Bust Benign Buyer Behavior: Wal-Mart, Get Your Hand Off My Receipt!, Victoria S. Salzmann

Victoria S. Salzmann

This Article is a critical analysis of “big-box” store policies that force consumers to hand over their receipts before they are permitted to leave. I argue that, at least in the tort context, the economic power of retail stores has grown beyond the limiting power of the law. To support this theory, I consider a practice I show to be unlawful under settled tort law—store demands for customer receipts. Considering this illegal practice against other unchecked illegalities performed by the superstores, I theorize that economic power is replacing the law as the personal liberty safeguard.

Short Of The Goal: New York's Legislation To Compel Hiv Testing From Accused Sex Offenders, Joseph E. Fahey

Joseph E Fahey

"Short of the Goal: New York's Legislation to Compel HIV Testing from Accused Sex Offenders" examines New York's newly enacted legislation allowing for such court ordered testing upon the filing of charges and prior to conviction.Although this legislation was designed to augment and improve the existing legislation which allows it only post-conviction, it contains significant flaws which leave it short of its intended result. This article examines the legislation and its flaws.

Aggravated Circumstances, Reasonable Efforts, And Asfa, Kathleen Bean

Kathleen Bean

This article seeks to identify circumstances that justify a state’s refusal to provide reasonable efforts to reunite parents with their abused or neglected children. While the article focuses on the “aggravated circumstances” exception to the federal reasonable efforts requirement, it offers an analytical approach useful to any decision-maker charged with protecting the health and safety of an abused or neglected child.

Since 1980, federal legislation has explicitly required states receiving federal foster care dollars to make reasonable efforts to reunite parents with children removed because of abuse or neglect. In 1997, Congress responded to widespread concerns that these efforts were …

The Right Of Property In Situations Of Armed Conflict: The Application Of Ihl Principles By The European Court Of Human Rights, Maheta Matteo Molango

Maheta Matteo Molango

The proliferation of non-international armed conflicts over the last three decades have contributed to draw the attention of scholars and commentators on the complex interrelationship between international humanitarian law (IHL) and human rights law. In Europe, contrary to the encouraging steps taken in other regional systems of human rights’ protection such as the Inter-American system, the activity of the European Court of Human Rights (ECtHR) has been characterized by its reluctance to apply IHL provisions to situations were arguably it should or even shall have use the laws of war as authoritative guidance.

This paper focuses on the analysis of …

Brief: Noe V. Kropf: Plaintiffs' Memorandum Of Law -- Filed November 12, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Plaintiffs' Motion for Default Judgment, Motion for Judgment on the Pleadings, and Motion for Attorneys' Fees and Costs at 14, Noe v. Kropf (Del. Ch. Nov. 12, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Greenberg Traurig, LLP), 2008 WL 4903893, 2008 DE Ch. Ct. Motions LEXIS 34, at *22, available at http://works.bepress.com/seth_barrett_tillman/97/.

Chancellor William B. Chandler III ruled on Plaintiffs' Motion for Default Judgment and on Intervenor's Motion for Attorneys' Fees and Costs on January 15, 2009 …

Oscar Wilde: Paradoxical Poster Child For Both Identify And Post-Identify, Martha M. Ertman

Martha M. Ertman

No abstract provided.

After Two Centuries, Our ‘Better Angels’ Finally Learn To Speak, Alan E. Garfield

Alan E Garfield

No abstract provided.

When The Corporate Luminary Becomes Seriously Ill: When Is A Corporation Obligated To Disclose That Illness And Should The Securities And Exchange Commission Adopt A Rule Requiring Disclosure?, Allan Horwich

Allan Horwich

WHEN THE CORPORATE LUMINARY BECOMES SERIOUSLY ILL: WHEN IS A CORPORATION OBLIGATED TO DISCLOSE THAT ILLNESS AND SHOULD THE SECURITIES AND EXCHANGE COMMISSION ADOPT A RULE REQUIRING DISCLOSURE? By Allan Horwich* ABSTRACT Recent speculation and rumors about the health of senior corporate executives of public companies (most notably Steve Jobs of Apple Inc.) and the advanced age of many leaders in the corporate community prompt a consideration of when, if at all, there must be public disclosure of the ill health of a person whose involvement in a corporation is perceived as vital to the continued financial success or independence …

The Nonpecuniary Costs Of Sarbanes Oxley, Nicholas V. Vakkur

Nicholas v Vakkur

Sarbanes Oxley is widely considered the most comprehensive economic regulation since the New Deal. While research has evaluated its financial costs, relatively little is known about the non-financial impact of the law upon firms. We develop six hypotheses regarding the non-financial impact of Sarbanes Oxley, incorporating learning from a comprehensive literature review across multiple disciplines. To evaluate this theory, an original survey was developed and implemented on a random sample of Fortune 500 firms (n = 206). An ordered probit model was used to quantify the results. While many economists consider business surveys to be at least as important as …

Cooperative Antagonists - The Italian Constitutional Court And The Preliminary Reference: Are We Dealing With A Turning Point?, Giuseppe Martinico, Filippo Fontanelli

Giuseppe Martinico

On April 15, 2008, for the first time in its history, the Italian Constitutional Court (ICC) accepted to raise a preliminary question to the European Court of justice (ECJ). This decision (order no. 103/2008) represents a turning point in the ICC's case law. The aim of this paper is to provide a well-considered analysis of this order by exploring two themes: i) the developments of the ICC’s case-law as regards the role of EC Law and of the ECJ, and ii) the potential reading of the judicial relationship between the ICC and the ECJ in the light of the notion …

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Paolo Santella

No abstract provided.

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Carlo Drago

No abstract provided.

Turkish Cross-Border Operations Into Northern Iraq: International Law And Use Of Force Analysis, Charles Bowers

Charles Bowers

No abstract provided.

The Perfect Storm Of Patent Reform?, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.