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Articles 92791 - 92820 of 438905

Full-Text Articles in Law

Book Review, Sara Gregg, Managing The Mountains: Land Use Planning, The New Deal, And The Creation Of A Federal Landscape In Appalachia (2013), Jill Fraley Dec 2012

Book Review, Sara Gregg, Managing The Mountains: Land Use Planning, The New Deal, And The Creation Of A Federal Landscape In Appalachia (2013), Jill Fraley

Jill M. Fraley

No abstract provided.


Trade, Globalisation And Economic Policy, Patrick Kelly Dec 2012

Trade, Globalisation And Economic Policy, Patrick Kelly

Patrick Kelly

No abstract provided.


Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly Dec 2012

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law ...


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Klaus Tiedemann Business-Related Criminal Law In Europe: A Critical Inventory, Edgardo Rotman Dec 2012

Klaus Tiedemann Business-Related Criminal Law In Europe: A Critical Inventory, Edgardo Rotman

Edgardo Rotman

An overview and critical analysis of the new developments of business related criminal law in Europe as of 2011 by the most prominent German specialist in the field.


Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald Wheeler Dec 2012

Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald Wheeler

Ronald E Wheeler

As a follow up to his earlier piece titled "Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research," Professor Wheeler here explores strategies for teaching students to effectively research using the WestlawNext legal research platform. He focuses on challenging law librarians and other teachers of legal research to embrace change, to innovate and to devise research exercises that highlight both the advantages and the alleged pitfalls of WestlawNext. In particular, Professor Wheeler discusses source selection, filters, addressing the volume of results, esoteric content, and Boolean searching.


Federal Reserve Bank Of Cleveland Conference On Public Pension Underfunding, Natalya Shnitser Dec 2012

Federal Reserve Bank Of Cleveland Conference On Public Pension Underfunding, Natalya Shnitser

Natalya Shnitser

No abstract provided.


Rights Come With Responsibilities: Personal Jurisdiction And Corporate Personhood, Roger Michalski Dec 2012

Rights Come With Responsibilities: Personal Jurisdiction And Corporate Personhood, Roger Michalski

Roger Michalski

No abstract provided.


Semi-Presidentialism As A Form Of Government: Lessons For Tunisia, Sujit Choudhry, Richard Stacey Dec 2012

Semi-Presidentialism As A Form Of Government: Lessons For Tunisia, Sujit Choudhry, Richard Stacey

Sujit Choudhry

This paper considers the range of institutional design options adopted in a selection of the world’s semi-presidential regimes. Through an extensive comparative analysis, this paper illustrates that the democratic performance of a semi-presidential regime depends to a great extent on the choices that are made among these design options. The Tunisian Constitutional Assembly has proposed a semi-presidential system of government, although there is an ongoing debate over the precise details. Drawing on global experiences, this paper offers comments on the April 2013 draft Constitution of the Republic of Tunisia, as a contribution to the constitutional process still underway.


In Defense Of Specialized Theft Statutes, David Gray Dec 2012

In Defense Of Specialized Theft Statutes, David Gray

David C. Gray

This essay is an invited contribution to a symposium hosted by the New England Law Review in celebration of Stuart Green’s important book 13 Ways to Steal a Bicycle. As we note, Professor Green’s argument is so reasonable and executed in such elegant prose, there is little call for anything other than praise. Nevertheless, in the spirit of academic exchange, we challenge Professor Green’s skepticism of specialized theft statutes. Relying on retributivist theories of criminal punishment, we argue that specialized theft statutes have an important role to play in contemporary criminal law by educating the public about ...


The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe Dec 2012

The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott Howe

Scott W. Howe

Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to argue that it must. Correlation between the level of deserts of the accused and the severity of the sanction represents the very idea of justice to most of us. We want to believe that those branded as criminals deserve blame for their conduct and that they deserve all of the punishments that they receive. The deserts limitation is also key to explaining the decisions in which the Supreme Court has rejected convictions or punishments as disproportional, including several major rulings in the new millennium. Yet ...


Elected To New England Swimming Board Of Review, Sharon Beckman Dec 2012

Elected To New England Swimming Board Of Review, Sharon Beckman

Sharon Beckman

No abstract provided.


Immigration Law In A Changing Transnational Context, Beth Lyon, Raquel Aldana, Won Kidane, Karla Mckanders Dec 2012

Immigration Law In A Changing Transnational Context, Beth Lyon, Raquel Aldana, Won Kidane, Karla Mckanders

Beth Lyon

This title is designed to serve as a textbook supplement for an advanced course in immigration law in law schools in the United States or in other countries seeking to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on ...


Seven Principles For Equitable Adaptation, Alice Kaswan Dec 2012

Seven Principles For Equitable Adaptation, Alice Kaswan

Alice Kaswan

Given the inevitability of serious climate impacts, climate change adaptation is becoming an urgent priority. Policy makers at the local, regional, state, and federal level are struggling to determine how to parlay existing authorities and develop new measures to avoid future calamity.

Successful adaptation will require not only attention to physical infrastructure, but to the underlying socioeconomic conditions that strongly determine the severity of climate impacts. Given the importance of underlying socioeconomic factors, this essay argues that equity should be a central feature of emerging domestic climate adaptation initiatives. It suggests seven principles for achieving equitable adaptation, principles designed to ...


War On Terror -- Lessons From Lincoln, Akram Faizer Dec 2012

War On Terror -- Lessons From Lincoln, Akram Faizer

Akram Faizer

No abstract provided.


Adaptive Selection And Presidential Appointments To Leadership Positions In U.S. Federal Government Agencies, 1977-2009, Anne O'Connell, George Krause Dec 2012

Adaptive Selection And Presidential Appointments To Leadership Positions In U.S. Federal Government Agencies, 1977-2009, Anne O'Connell, George Krause

Anne Joseph O'Connell

No abstract provided.


Standing Faculty Lecture, Harvard University Trade Union Program, Thomas Kohler Dec 2012

Standing Faculty Lecture, Harvard University Trade Union Program, Thomas Kohler

Thomas C. Kohler

No abstract provided.


What Is A "Church"?: Implied Consent And The Contraception Mandate, Michael Helfand Dec 2012

What Is A "Church"?: Implied Consent And The Contraception Mandate, Michael Helfand

Michael A Helfand

This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered significant litigation with a variety of employers claiming that they have been excluding from the “religious employer” classification in violation of both the First Amendment and the Religious Freedom Restoration Act. In considering these claims, this Article applies an “implied consent” framework to these cases, which grounds the authority of religious institutions in the presumed consent of their members. On such an ...


The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer Dec 2012

The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer

Christopher S. Elmendorf

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the ...


The Stereotypical Computer Scientist: Gendered Media Representations As A Barrier To Inclusion For Women., S Cheryan, V Plaut, C Handron, L Hudson Dec 2012

The Stereotypical Computer Scientist: Gendered Media Representations As A Barrier To Inclusion For Women., S Cheryan, V Plaut, C Handron, L Hudson

Victoria Plaut

The present research examines undergraduates’ stereotypes of the people in computer science, and whether changing these stereotypes using the media can influence women’s interest in computer science. In Study 1, college students at two U.S. West Coast universities (N = 293) provided descriptions of computer science majors. Coding these descriptions revealed that computer scientists were perceived as having traits that are incompatible with the female gender role, such as lacking interpersonal skills and being singularly focused on computers. In Study 2, college students at two U.S. West Coast universities (N = 54) read fabricated newspaper articles about computer scientists ...


To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad Dec 2012

To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad

Evelyn Aswad

No abstract provided.


The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald Dec 2012

The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald

Susan Freiwald

The Supreme Court’s decision in United States v. Jones clearly established that use of GPS tracking surveillance constitutes a search under the Fourth Amendment. But the Court left many other questions unanswered about the nature and scope of the constitutional privacy right in location data. A review of lower court decisions in the wake of Jones reveals that, rather than begin to answer the questions that Jones left open, courts are largely avoiding substantive Fourth Amendment analysis of location data privacy. Instead, they are finding that officers who engaged in GPS tracking and related surveillance operated in good faith ...


The Part And Parcel Of Impairment Discrimination, Michelle Travis Dec 2012

The Part And Parcel Of Impairment Discrimination, Michelle Travis

Michelle A. Travis

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the ...


“Germans Are The Lords And Poles Are The Servants”: The Trial Of Arthur Greiser In Poland, 1946, Mark Drumbl Dec 2012

“Germans Are The Lords And Poles Are The Servants”: The Trial Of Arthur Greiser In Poland, 1946, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz Dec 2012

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz

Nancy Schultz

How important is legal authority to the negotiation process? Scholars have discussed this issue and law students argue about it in negotiations classes. A survey of practicing lawyers reveals that law is very important to preparation for negotiation, but less so as a determinant of negotiated outcomes. Factors such as financial constraints, bargaining power, and negotiating skill seem to drive negotiated results in practice more than legal authority.


Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver Dec 2012

Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver

Carole Silver

This article addresses whether US law schools are preparing their JD students to work in the global environment that many - if not most – law graduates will encounter. It begins by considering the significance of globalization for legal education, drawing on research analyzing its influence on legal practice as well as on higher education. It then explores possible settings and opportunities for learning to work in a global environment. For the vast majority of students whose learning must occur in the US, the presence of international students in their law school offers the potential for creating a global learning environment. Data ...


Self-Determination, The Trust Doctrine, And Congressional Appropriations: Promise And Pitfalls Of Federal Disentanglement From Indian Health Care, Ezra Rosser Dec 2012

Self-Determination, The Trust Doctrine, And Congressional Appropriations: Promise And Pitfalls Of Federal Disentanglement From Indian Health Care, Ezra Rosser

Ezra Rosser

No abstract provided.


Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam Dec 2012

Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they have been ignored in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Abbas Mahmud ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements


Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon Dec 2012

Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


A World Of Choices, David Wirth Dec 2012

A World Of Choices, David Wirth

David A. Wirth

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.