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Articles 1 - 30 of 13157

Full-Text Articles in Law

Market Mechanisms In Environmental Law, Sanja Bogojevic Dec 2016

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


De-Policing (With Griffin Edwards), Stephen Rushin Dec 2016

De-Policing (With Griffin Edwards), Stephen Rushin

Stephen Rushin

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on ...


Gendering Disability To Enable Disability Rights Law, Michelle Travis Dec 2016

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Paper Dragon Thieves, J.S. Nelson Dec 2016

Paper Dragon Thieves, J.S. Nelson

J.S. Nelson

Developments in the law are making the corporate form more opaque and allowing the agents who animate it to escape individual accountability for their actions. The law now provides protection for agents to engage in widespread frauds that inflict massive harm on the public. This article challenges the academic orthodoxy that shareholder and director liability are enough to control agent behavior by developing a paper dragon analogy to focus on the importance of agents in corporate animation. Lack of agent accountability encourages the patterns of fraud that caused the financial crisis in which forty-five percent of the world’s wealth ...


Human Trafficking And Refugee Law, Vladislava Stoyanova Dec 2016

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.


A Case Study On Court Of Appeals Finality, Michael Nolan Nov 2016

A Case Study On Court Of Appeals Finality, Michael Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


Religion And The Exercise Of Public Authority, Benjamin Berger Oct 2016

Religion And The Exercise Of Public Authority, Benjamin Berger

Benjamin L. Berger

In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a ...


Law’S Religion: Religious Difference And The Claims Of Constitutionalism, Benjamin Berger Oct 2016

Law’S Religion: Religious Difference And The Claims Of Constitutionalism, Benjamin Berger

Benjamin L. Berger

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force.

Based on ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson Sep 2016

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Freedom Of Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery Jul 2016

Freedom Of Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery

Brian Slattery

Do reporters have the right to conduct interviews in courthouse hallways? May political activists hand out leaflets in shopping centres? Are journalists entitled to attend disciplinary hearings in the chambers of the law society? Do advertisers have the right to place ads on public buses? These questions have one thing in common: they all concern the exercise of freedom of expression in certain locations — courthouses, shopping centres, private offices, buses. But do all locations without exception benefit from the guarantee of freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms, or do some fall ...


The Bank Manager Always Rings Twice: Stereotyping In Equity After Garcia, Richard Haigh Jul 2016

The Bank Manager Always Rings Twice: Stereotyping In Equity After Garcia, Richard Haigh

Richard Haigh

No abstract provided.


Family Violence In Kuujjuaq: Interviews With Kuujjuamiut, Susan G. Drummond Jun 2016

Family Violence In Kuujjuaq: Interviews With Kuujjuamiut, Susan G. Drummond

Susan G. Drummond

No abstract provided.


An Interdisciplinary Approach In Identifying The Legitimate Regulator Of Anti-Doping In Sport: The Case Of The Australian Football League, Lisa Gowthorp, Annette Greenhow, Danny O'Brien May 2016

An Interdisciplinary Approach In Identifying The Legitimate Regulator Of Anti-Doping In Sport: The Case Of The Australian Football League, Lisa Gowthorp, Annette Greenhow, Danny O'Brien

Lisa Gowthorp

The regulation of anti-doping practices in Australian sport is overseen by the Australian Sports Anti-Doping Authority (ASADA), which is a statutory authority funded by the Australian Commonwealth Government (ACG). The 2013 ASADA investigation into the Essendon Football Club (EFC) uncovered the alleged use of performance and image enhancing drugs by a number of players and support personnel. However, despite the call for sanctions to be placed on those taking banned substances, ASADA itself became the central focus of enquiry with the EFC questioning the legitimacy of ASADA's authority in their management of the investigation. Using content analysis and Bourdieu ...


Unzulässiges Festhalten An Einer Überkommenen Strafnorm: § 103 Stgb - Wenn Abschaffen, Dann Sofort, Daniel H. Heinke May 2016

Unzulässiges Festhalten An Einer Überkommenen Strafnorm: § 103 Stgb - Wenn Abschaffen, Dann Sofort, Daniel H. Heinke

Daniel H Heinke

From the legislator's the conclusion that a specific criminal provision is no longer necessary derives the obligation to abrogate this provision as soon as possible.


State And Federal Constitutional Law Developments, Rosalie Levinson May 2016

State And Federal Constitutional Law Developments, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


Proof And Disproof Of The Beal Conjecture- How A Mathematics Conjecture Can Be Proven And Disproven While A Person Could Arguably Be Added As Supreme Court Justice To Promote Diversity Of Universities, James T. Struck Apr 2016

Proof And Disproof Of The Beal Conjecture- How A Mathematics Conjecture Can Be Proven And Disproven While A Person Could Arguably Be Added As Supreme Court Justice To Promote Diversity Of Universities, James T. Struck

James T Struck


Proof and Disproof  and Study of the Beal Conjecture using Case studies and Example
 By
James T. Struck
Case studies and example can be used as a type of proof or disproof.
Here we use 2 examples to show a proof and disproof of the Beal Conjecture. Here is the Beal Conjecture
 BEAL'S CONJECTURE: If Ax + By = Cz, where A, B, C, x, y and z are positive integers and x, y and z are all greater than 2, then A, B and C must have a common prime factor.
Proof
23 +23 = 24
8 + 8= 16
2 is ...


Fifth Annual National Benefits & Social Insurance Conference, Natalya Shnitser Apr 2016

Fifth Annual National Benefits & Social Insurance Conference, Natalya Shnitser

Natalya Shnitser

No abstract provided.


Who’S Afraid Of Katniss Everdeen?: How Fictional Female Characters Inspire New Visions Of Substantive Gender Equality, Susan Brody, Kim Chanbonpin Apr 2016

Who’S Afraid Of Katniss Everdeen?: How Fictional Female Characters Inspire New Visions Of Substantive Gender Equality, Susan Brody, Kim Chanbonpin

Susan L. Brody

No abstract provided.


Employment Law In Principle, Rohan Price, Jennifer Nielsen Apr 2016

Employment Law In Principle, Rohan Price, Jennifer Nielsen

Rohan Price

No abstract provided.


The Hierarchy Of Priority, 9 J. Bus. Entrepreneurship & L. 153 (2016), Paul T. Wangerin Apr 2016

The Hierarchy Of Priority, 9 J. Bus. Entrepreneurship & L. 153 (2016), Paul T. Wangerin

Paul Wangerin

No abstract provided.


Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky Apr 2016

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has ...


Tweeting A Greek Tragedy, Rohan Price Apr 2016

Tweeting A Greek Tragedy, Rohan Price

Rohan Price

University students believe themselves to be Sisyphus. Condemned by the gods to roll a boulder up a hill, a second-year arts/law undergraduate despairs – after all their effort – to see it to roll down soon after reaching the summit.


The Macritchie Case, Rohan Be Price Apr 2016

The Macritchie Case, Rohan Be Price

Rohan Price

A case before the European Court of Human Rights has raised the prospect that the British government could be found liable for not giving adequate warnings so as to prevent its employees from inhaling asbestos dust and that this failure infringed their right to life under European law.


The Need For Regulatory Response To Diagnosis Fraud In Mesothelioma Cases, Rohan Be Price Apr 2016

The Need For Regulatory Response To Diagnosis Fraud In Mesothelioma Cases, Rohan Be Price

Rohan Price

Australian courts and tribunals allow claimants with pleural plaques to “piggy back” compensation claims for mental health problems. This article contends that Australia is open to an era of diagnosis fraud by psychologists similar to that which has been experienced in the United States with radiologists. The courts will continue to reflect Australia’s “compensation culture” unless legislation squarely addresses the compensability of pleural plaques and clarifies when, if at all, the courts should allow mental health claims for asymptomatic “marker” conditions such as pleural plaques.


Making Japan Pay For Its East Asian Occupations (1941-1945): A New Modality For International Law?, Rohan Price Apr 2016

Making Japan Pay For Its East Asian Occupations (1941-1945): A New Modality For International Law?, Rohan Price

Rohan Price

Although they were never confirmed conquerors, the total waiver for loss and damage caused by the Japanese in the Pacific war under Article 14(b) of the Treaty of San Francisco conferred a blanket sovereign immunity on them in the jurisdictions they invaded including the Philippines, Malaya, Singapore and Hong Kong. As occupiers under the Convention (IV) respecting the Laws and Customs of War (the Hague Regulations) the evaluation of Japanese state practice and liability to pay compensation arising from misuse of civilian-owned private property rests entirely on the validity of Article 14(b). This paper takes the prospects of ...


How Good Is The New Competition Law?, Rohan Be Price Apr 2016

How Good Is The New Competition Law?, Rohan Be Price

Rohan Price

No abstract provided.


Do You Want A Rise With That?, Rohan Price Apr 2016

Do You Want A Rise With That?, Rohan Price

Rohan Price

No abstract provided.


Air Pollution In Hong Kong: The Failure Of Judicial Review And The Slight Promise Of Recent Cases, John Kong Shan Ho, Rohan Price Apr 2016

Air Pollution In Hong Kong: The Failure Of Judicial Review And The Slight Promise Of Recent Cases, John Kong Shan Ho, Rohan Price

Rohan Price

No abstract provided.


Zasbestosis And Fear Of Cancer In The United States: What Are The Lessons?, Rohan Price Apr 2016

Zasbestosis And Fear Of Cancer In The United States: What Are The Lessons?, Rohan Price

Rohan Price

Australian courts and tribunals are beset by cases relating to the compensability of mental harm in the contexts of Post-Traumatic Stress Disorder (PTSD) and/or Generalized Anxiety Disorder (GAD) which is alleged by applicants to be war- or service-caused for the purposes of Commonwealth military pensions. Such an applicant must satisfy, among other things, a requirement that the anxiety or other mental condition that he/she experiences is not idiosyncratic and personal but service-related and is a diagnosed mental illness described in the Statements of Principle (SoP) issued by the Repatriation Medical Authority. This article argues that the tradition of ...


Chinese Immigration Law And Policy: A Case Of ‘Change Your Direction, Or End Up Where You Are Heading’?, Guobin Zhu, Rohan Be Price Apr 2016

Chinese Immigration Law And Policy: A Case Of ‘Change Your Direction, Or End Up Where You Are Heading’?, Guobin Zhu, Rohan Be Price

Rohan Price

Lao Tzu’s famous call for reform in the title of this paper is a useful metaphor for the need to address the outdated settings which constitute much of China’s policy toward resident foreigners. This is because unless there is improvement in the laws then there will be more social and economic exclusion of migrant populations in a time when cohesion is politically paramount. Formalizing the position of resident foreigners presents a unique economic opportunity for China to harness such people with an assimilationist policy which increases the nation’s revenue base and enlarges the polity’s conception of ...