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Articles 31 - 60 of 13254
Full-Text Articles in Law
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
University of the District of Columbia Law Review
No abstract provided.
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
University of the District of Columbia Law Review
No abstract provided.
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Creating Effective Broadband Network Regulation, Daniel L. Brenner
Daniel L. Brenner
ABSTRACT: The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for “network neutrality” or “nondiscrimination” assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This article’s chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation -- a key assumption of some advocates. The article analyzes three characteristics that hobble the FCC, the likeliest federal agency to provide prescriptive rules. First, the record for the …
Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar
Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar
Rebecca Farrar
Abstract for Article: Exploring the Human Rights Implications of Microfinance Initiatives by Rebecca Farrar
Microfinance and microcredit (“MFI”) programs have been advanced as a way to make the world a better place. These programs involve making small loans to people who would otherwise be unable to borrow money to facilitate them starting their own businesses: frequently, the programs focus on women borrowers in developing countries. Muhammad Yunus of the Grameen Bank says microfinance and microcredit programs can literally end world poverty.
This Article explores MFI from several perspectives, with particular emphasis on human rights issues. The emphasis of MFI programs …
The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp
The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp
All Faculty Scholarship
In "The Problem of Social Cost" Ronald Coase was highly critical of the work of Cambridge University Economics Professor Arthur Cecil Pigou, presenting him as a radical government interventionist. In later work Coase's critique of Pigou became even more strident. In fact, however, Pigou's Economics of Welfare created the basic model and many of the tools that Coase's later work employed. Much of what we today characterize as the "Coase Theorem," including the relevance of transaction costs, externalities, and bilateral monopoly, was either stated or anticipated in Pigou's work. Further, Coase's extreme faith in private bargaining led him to fail …
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton
Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton
University of the District of Columbia Law Review
No abstract provided.
The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy
The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy
University of the District of Columbia Law Review
No abstract provided.
Target Interact Us, Llc V. Worforce Appeals Board, Department Of Worforce Services, And Jody Peterson : Reply Brief, Utah Court Of Appeals
Target Interact Us, Llc V. Worforce Appeals Board, Department Of Worforce Services, And Jody Peterson : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Writ of Review from a Final Administrative Agency Decision of the Workforce Appeals Board, Utah Department of Workforce Services
State Of Utah V. Amador Santonio : Reply Brief Of Appellant, Utah Court Of Appeals
State Of Utah V. Amador Santonio : Reply Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
THIS APPEAL IS FROM A CONVICTION AND SUBSEQUENT SENTENCWG TO AGGRAVATED ASSAULT, A THIRD DEGREE FELONY; DISARMING A PEACE OFFICER, A FIRST DEGREE FELONY; ASSAULT ON A PEACE OFFICER, A CLASS A MISDEMEANOR, AND INTERFERING WITH LEGAL ARREST, A CLASS B. MISDEMEANOR AND WAS SENTENCED TO SERVE CONSECUTIVE TERMS OF NOT TO EXCEED FIVE YEARS ON THE THIRD DEGREE FELONY AND AN INDETERMINATE TERM OF NOT LESS THAN FIVE YEARS WHICH MAY BE FOR LIVE ON THE FIRST DEGREE FELONY AT THE UTAH STATE PRISON, IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, THE …
Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau
Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau
Journal Articles
In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term global migration to encompass a number of related issues that are often collapsed under the term immigration. In nations that have constructed their identities around waves of settlers or migrants -- places like the United States, Canada, Australia, and New Zealand -- immigration involves the formal reception of foreigners into the host country as potential new citizens. This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration,and …
Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt
Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Undercivilization Of Corporate Law, A. Christine Hurt
The Undercivilization Of Corporate Law, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni
Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni
Faculty Scholarship
Tax expenditure analysis (TEA) was rigorously criticized from its inception and continues to draw negative reviews. Notwithstanding this criticism, the Congressional Budget and Impoundment Control Act of 1974 requires the President's annual budget submission to contain a list of tax expenditures, and Congress's Joint Committee on Taxation has produced its own tax expenditure list each year since 1972. Although TEA has not restrained or reversed the growth of tax expenditures, TEA continues to play a major role in tax policy debates to the chagrin of its detractors. The persistence of TEA in a hostile environment suggests that it has meaningful …
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Faculty Scholarship
On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …
The Dystopian Potential Of Corporate Law, D. Gordon Smith
The Dystopian Potential Of Corporate Law, D. Gordon Smith
Faculty Scholarship
The community of corporate law scholars in the United States is fragmented. One group, heavily influenced by economic analysis of corporations, is exploring the merits of increasing shareholder power vis-a-vis directors. Another group, animated by concern for social justice, is challenging the traditional, shareholder-centric view of corporate law, arguing instead for a model of stakeholder governance. The current disagreement within corporate law is as fundamental as in any area of law, and the debate is more heated than at any time since the New Deal. This paper is part of a debate on the audacious question, Can Corporate Law Save …
It's A Blessing, Douglas E. Abrams
Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.
Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.
Dr. Muhammad Munir
This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …
Supreme Court’S Role Vis A Vis Indian Arbitration And Conciliation Act, 1996, Dev Chopra
Supreme Court’S Role Vis A Vis Indian Arbitration And Conciliation Act, 1996, Dev Chopra
dev chopra
This article examines some aspects of the growth of judicial law making by the Supreme Court in the last twelve years of the working of the Indian Arbitration and Conciliation Act, 1996. It also examines the negative role of the Supreme Court in taking the law backward thus preventing the growth of international trade and commerce. It also shows that just as politicians and bureaucrats do not give up power, judges are no exception.
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Juan-Antonio Mondejar-Jimenez
Electronic commerce is becoming increasingly common at international level. It is defined as “doing business electronically across the extended enterprise”, which includes all forms of business, administrative transactions and information exchanges in which any type of information or communication technology is used. It has also been defined as “the form of commerce that by using the services and links provided in electronic documents in the Internet, allows the customer to query, select and purchase a distributor's offer using a device that is connected to the Internet, in real time and at any time or place”. In Spain, the Information Society …
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
Thaddeus Hoffmeister
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii’s experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.
The Article begins with a general and historical overview of the grandjury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy
rationales underlying the need for grand jury autonomy; Part V recommends the implementation of …
Credit Rating Agencies (Cras) And European Regulation, Marco Lamandini
Credit Rating Agencies (Cras) And European Regulation, Marco Lamandini
Marco Lamandini
Financial Services Panel Economic and Monetary Affairs Committee MARCO LAMANDINI Full Professor of Securities and Company Law University of Bologna Credit Rating Agencies (CRAs) and European Regulation Bologna-Brussels, 28 December 2008 Executive summary The Committee requested an opinion on CRA. This briefing paper endeavours to offer a view on this issue, whose relevance for the proper functioning of financial markets emerged already in the wake of the Enron scandal but has been dramatically high-lightened by the current financial crisis. Paragraph 1 provides a brief overview of the European proposal for a regulation on CRAs against the backdrop of recognized market …
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
Nathan A Greenblatt
Mandatory minimum sentences are anathema to judges due to, it is commonly said, judges’ “utter lack of power to do anything for the exceptional defendants that move them.” In the case of Weldon Angelos, for example, U.S. District Judge Paul Cassell lamented that sentencing Mr. Angelos to 55 years in prison “is unjust, cruel, and even irrational. [The court] reluctantly concludes that it has no choice.” The Judicial Conference has consistently opposed mandatory minimum sentences for more than 50 years, because it, too, has concluded that mandatory sentences give judges no choice in sentencing. Indeed, the U.S. Sentencing Commission recently …
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Seth Barrett Tillman
In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cyber Civil Rights, Danielle Keats Citron
Cyber Civil Rights, Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today’s …
Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi
Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi
Kamaal Zaidi
The rule of law is often difficult to establish in developing nations characterized by frequent political changes and unstable events that affect the separation of powers between the three branches of government – the executive, legislature, and judiciary. In particular, the integrity of the judiciary is often damaged by influences from the executive and legislative branches in that core democratic principles are promoted, including civil liberties, the supremacy of law, law and order, and transparency and accountability among government actors. In Pakistan, turbulent political events over the years have irreparably damaged the ability of the Supreme Court of Pakistan to …