Law Commons^™

December 24, 2008: The Humanlight Holiday, Bruce Ledewitz

Hallowed Secularism

Blog post, “The HumanLight Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink

Ute Krudewagen

The article analyzes the numerous employment law issues that arise in global outsourcing transactions. For many of these issues, there are no clear-cut answers on how a company (or the potential service provider) should proceed. For example, in some countries, relevant employees transfer by operation of law to the service provider, even if the parties do not with this to occur. In these circumstances, the parties will need to make important decisions on what to do with any “unwanted” employees who transfer automatically in spite of the parties’ intent. Similarly, the termination of “unwanted” employees can also pose its own …

The Legal Condition Of The Human Body In France And Japan. A Comparative Approach To Legal Personhood In A Context Of Globalization, Matthieu Forlodou

Matthieu Forlodou

This paper is a short abstract of my on-going PhD thesis. The ful text will be available soon.

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …

December 22, 2008: A New Kind Of Faith, Bruce Ledewitz

Hallowed Secularism

Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Lecture Notes Of St. George Tucker: A Framing Era View Of The Bill Of Rights, David T. Hardy

NULR Online

No abstract provided.

Korean Patent No. Kr1020067027478, Adam R. Stephenson

Adam Stephenson

No abstract provided.

Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.

The Calabresi-Tillman exchange appears below under "Related Files".

This paper is not yet drafted.

[June 2, 2010]

Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert

Brigham Young University International Law & Management Review

No abstract provided.

Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi

Brigham Young University International Law & Management Review

No abstract provided.

The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer

Brigham Young University International Law & Management Review

No abstract provided.

!!! مدرسه ابوریحان, Sajjad Khaksari

SAJJAD KHAKSARI

داستان کوتاه «مدرسه ابوریحان» داستانی از واقعیت تلخ نظام آموزش و پرورش ایران است. تجربه ای میدانی از بحران فرهنگی اجتماعی که ریشه در اندیشه های متحجر مدیران این وزرات خانه دارد

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall

Brigham Young University International Law & Management Review

No abstract provided.

International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno

Department of Political Science and Law Faculty Scholarship and Creative Works

The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg

George J. Mitchell Oral History Project

Biographical Note
Richard A. “Rich” Arenberg, the son of Bernard and Mary Arenberg, was born on October 16, 1945, in Norwich Connecticut. He was a campus activist during his undergraduate years at Boston University, and worked on some local campaigns, including the campaign of Tom Atkins, the first African American city councilor in Boston. He received a Ph.D. in political science also from Boston University and has a background in survey research. He worked as the issues director for Paul Tsongas’s first congressional campaign in Massachusetts and continued on Tsongas’s congressional and Senate staff until Tsongas retired from the Senate …

Answering Brief For The United States

United States v. Washington, Docket No. 08-35794 (593 F.3d 790 (9th Cir. 2009) (as amended Jan. 10, 2010))

No abstract provided.

Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy

David T. Hardy

The controversy between 14th Amendment total incorporation under the privileges or immunities clause, and selective incorporation under its due process clause, has remained quiescent in recent years. Now, three cases pending in the lower Federal courts are making bids to revive the controversy that once generated a feud between Justice Black and Justice Frankfurter.

In the last Term, a majority of the Supreme Court accepted a variant of original public meaning as the key to ascertaining constitutional meaning; the focus of this interpretative methodology is not upon Congressional understanding in proposing a constitutional provision, but upon the likely understanding of …

Paul V. The Clintons, Et Al: Fec Complicity And A Plea For Real And Present Campaign Finance Reform, Ellis Washington

Ellis Washington

This Article is an analysis of current legislation, case law and election law policy regarding campaign finance disclosure rules and the need for a truly independent Federal Election Commission to efficiently enforce existing election laws. Admittedly, this article isn’t as theoretical as other scholarly works on this subject, however, since campaign finance reform is a rather complex subject, I didn’t want to get caught up in the endless minutiae of legislative and court opinion other than a general review in the context of the case at bar as well as the present state of campaign finance reform policy. I also …

Peter Paul V. The Clintons: Fec Complicity And A Plea For Real And Present, Ellis Washington

Ellis Washington

No abstract provided.

Scholarly Journals And The Open Access Conundrum, Colin B. Sakumoto

Colin B Sakumoto

This paper examines the desirability and feasibility of open access scholarly journals with particular emphasis on the parties shaping the production of these journals. In examining how the current publishing model will shape the implementation of open access publishing, analysis of the obstacles likely to hinder implementation is given in depth. Finally, a number of measures are suggested to help build the momentum needed to one day realize a widespread open access publishing model.

The Yahoo Case And Free Speech, Privacy And Corporate Responsibilty In The People's Republic Of China, Nikola A. Koritz

Nikola A Koritz

It’s like opening Pandora’s Box. You can’t put the content back. When China made the Internet commercially available in 1995 it opened the floodgate to information and free communication. But the free exchange of ideas and information over the Internet threatens China’s ability to control information exchange. The People’s Republic of China enacted restrictive regulations controlling Internet usage and is adjusting these regulations in the pace of the technical development. This paper addresses the question how international companies who want to do business in China can comply with these circumstances without compromising substantial human rights and getting themselves in conflict …

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …

Cyber Civil Rights, Danielle Keats Citron

Danielle Keats Citron

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 …

Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

December 18, 2008: The Hatred Of Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hatred of Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger

BYU Law Review

No abstract provided.

From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle

BYU Law Review

Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …