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Articles 151 - 180 of 6581

Full-Text Articles in Law

Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim Dec 2015

Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim

Lauren Edelman

No abstract provided.

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Takings In The “Sharing Economy", Timothy Mulvaney Dec 2015

Takings In The “Sharing Economy", Timothy Mulvaney

Timothy M. Mulvaney

-

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Is It Ethical To Use Crowdfunding To Finance The Practice Of Law?, Alberto Bernabe Dec 2015

Is It Ethical To Use Crowdfunding To Finance The Practice Of Law?, Alberto Bernabe

Alberto Bernabe

What lawyers should keep in mind if considering using crowdfunding.

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No Offence Intended: Why 18c Is Wrong, Joshua Forrester, Lorraine Finlay, Augusto Zimmerman Dec 2015

No Offence Intended: Why 18c Is Wrong, Joshua Forrester, Lorraine Finlay, Augusto Zimmerman

Augusto Zimmerman

From its inception, s 18C of the Racial Discrimination Act 1975 (Cth) has been controversial. This law makes unlawful any act reasonably likely to offend, insult, humiliate or intimidate another person or group of people because of their race, colour, nationality or ethnicity. Serious concerns have been raised about s 18C’s effect on freedom of expression.
 In this book, the authors argue that s 18C is too broad and too vague to be constitutional. They argue that relevant international treaties do not support the sweeping scope of s 18C. Further, they argue that s 18C’s breadth and complexity impermissibly infringes …

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Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman Dec 2015

Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman

Lauren Edelman

No abstract provided.

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Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder Dec 2015

Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder

Nancy S. Marder

Expanding the Jury: A Provocative Proposal, ___ Criminal Justice Ethics ___ (forthcoming 2016) (reviewing Laura Appleman, Defending the Jury: Crime, Community, and the Constitution (2015)).

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Democratizing Startups (Forthcoming), Seth Oranburg Dec 2015

Democratizing Startups (Forthcoming), Seth Oranburg

Seth Oranburg

No abstract provided.

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Teaching Assistants: The Key Toan Effective Multiple Assessment Program (Forthcoming 2016), Rogelio Lasso Dec 2015

Teaching Assistants: The Key Toan Effective Multiple Assessment Program (Forthcoming 2016), Rogelio Lasso

Rogelio A. Lasso

No abstract provided.

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Startup Financing (Forthcoming), Seth Oranburg Dec 2015

Startup Financing (Forthcoming), Seth Oranburg

Seth Oranburg

No abstract provided.

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The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán Dec 2015

The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

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Human Trafficking And Slavery Reconsidered. Conceptual Limits And States' Positive Obligations, Vladislava Stoyanova Dec 2015

Human Trafficking And Slavery Reconsidered. Conceptual Limits And States' Positive Obligations, Vladislava Stoyanova

Vladislava Stoyanova

By reconsidering the international law definitions of human trafficking, slavery, servitude and forced labour, the book demonstrates that in embracing the human trafficking legal framework the international community side-lined the human rights commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. This development urgently requires a reversal and the book proposes two corrective steps. The first is placing a renewed emphasis on the human rights law concepts of slavery, servitude or forced labour, and on determining their definitional scope. The second entails a clearer understanding of states’ positive human rights obligations corresponding …

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Litigating State Interests: Attorneys General As Amici, Kevin Quinn Dec 2015

Litigating State Interests: Attorneys General As Amici, Kevin Quinn

Kevin M. Quinn

No abstract provided.

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Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

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2016 Aals Annual Meeting - Employee Benefits And Executive Compensation Section, Natalya Shnitser Dec 2015

2016 Aals Annual Meeting - Employee Benefits And Executive Compensation Section, Natalya Shnitser

Natalya Shnitser

"The State of the ACA After King v. Burwell"

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Companies As Religious Liberty Claimants, Rex Ahdar Dec 2015

Companies As Religious Liberty Claimants, Rex Ahdar

Rex Ahdar

Can a company bring a claim alleging that its religious freedom has been violated?
Some recent authority suggests ‘yes’, at least insofar as the company is a one-person
company or a closely held corporation. This article examines the subject, the goal
being the exploration of a coherent and principled basis for the granting, if at all, of the
right for an ordinary business corporation to sue to enforce the right to religious freedom,
or to claim an exemption designed for religious persons or organizations.
The determining principle governing the legitimacy of a claim ought to be the nature
of the …

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Toward A New Separation Of Church And State: Implications For Analogies To Last Year’S Supreme Court Decision In Hobby Lobby By This Year’S Decision In Obergefell V. Hodges, Vincent Samar Dec 2015

Toward A New Separation Of Church And State: Implications For Analogies To Last Year’S Supreme Court Decision In Hobby Lobby By This Year’S Decision In Obergefell V. Hodges, Vincent Samar

Vincent Samar

Toward a New Separation of Church and State: Implications for Analogies to Last Year’s Supreme Court Decision in Hobby Lobby by this Year’s Decision in Obergefell v. Hodges

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Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent Dec 2015

Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent

Harold J. Krent

No abstract provided.

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The Corporate Shell Game, J.S. Nelson Dec 2015

The Corporate Shell Game, J.S. Nelson

J.S. Nelson

This Article identifies for the first time the hardening of the corporate shell. It provides compelling evidence that shell-hardening pushes and disguises the way that corporations and agents commit large-scale wrongdoing, and it traces the contributing legal streams that protect the agents who engage in this behavior. The only way to combat widespread frauds that inflict damage on the public is for the corporate shell to be-come less opaque.

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Recognizing Rights In Real Time: The Role Of Google In The Eu Right To Be Forgotten, Edward Lee Dec 2015

Recognizing Rights In Real Time: The Role Of Google In The Eu Right To Be Forgotten, Edward Lee

Edward Lee

No abstract provided.

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The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow Dec 2015

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

This paper argues that there is a new neoliberal penality emerging in the United States that exhibits four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these characteristics, but the characteristics are not limited to the prison-industrial complex.

The paper draws on Foucault's concept of the prison as an institution primarily of individual normalization, but notes that it presupposes rehabilitation as the primary goal of the institution. Using Foucault's work in Discipline and Punish …

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Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi Dec 2015

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed examination of mandatory detention during deportation proceedings for U.S. crimes. I argue that mandatory immigration detention functionally operates on a “noncitizen presumption” of dangerousness. Mandatory detention incarcerates noncitizens despite technological advances that nearly negate the risk of flight, with that risk increasingly seen as little different regarding noncitizens, at least those treated with dignity. Moreover, this “noncitizen presumption” of danger contravenes empirical evidence, and diverges from …

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Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears Dec 2015

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears

David C. Brown

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …

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Families By Law: An Adoption Reader, Naomi Cahn, Joan Hollinger Dec 2015

Families By Law: An Adoption Reader, Naomi Cahn, Joan Hollinger

Joan Hollinger

Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of famly, the rights and responsibilities of parents, and the best interests of children. Familes by Law brings together diverse perspectives on contemporary aspects of adoption law and practice. Following a historical overview of adoption in American law and society, the reader presents different responses to concerns about who may place children for adoption, the status of birth parents, who may adopt, and the …

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The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob Dec 2015

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob

John Jacob

No abstract provided.

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In Search Of Sustainable Legitimacy: Pollution Targets And Environmental Cadre Evaluation In China, Alex Wang Dec 2015

In Search Of Sustainable Legitimacy: Pollution Targets And Environmental Cadre Evaluation In China, Alex Wang

Alex Wang

No abstract provided.

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Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey Dec 2015

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.

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Jury 2.0, Caren Morrison Dec 2015

Jury 2.0, Caren Morrison

Caren Myers Morrison

When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …

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Indian National Bar Association (Inba) Celebrates 66th National Law Day, Amit Kumar Dec 2015

Indian National Bar Association (Inba) Celebrates 66th National Law Day, Amit Kumar

Amit Kumar

26th Nov 2015, New Delhi: A groundbreaking International conference on Law & Policy issues of more than 400 prominent thought Members of Parliament from India and United Kingdom, leaders, CEO's, heads of legal department, researchers, advocates, practitioners and policymakers from at least 08 countries gathered in New Delhi on 26th November 2015, energizing a global movement working to advance policy issues around the globe. Held November 26, the “International Conference on Law and Policy Issues” to commemorate the 66th National Law Day marked its hosting in India as the biggest conference of the year hosted by Indian National Bar Association. …

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The Limits Of Free Speech: A Debate, Kent Greenfield Dec 2015

The Limits Of Free Speech: A Debate, Kent Greenfield

Kent Greenfield

Participated in a debate about free speech and the problem of racism on campus.

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The Restitutionary Aftermath Of Contractual Illegality, Man Yip Nov 2015

The Restitutionary Aftermath Of Contractual Illegality, Man Yip

Man YIP

This article critically analyses the mess of illegality in one specific area: the restitutionary aftermath of illegal contracts where the illegality is sourced in a statute. Its chief objective is to identify the real sources of difficulty underlying this area of the law so as to pave the way for meaningful reform. Two main reflections are offered. First, examining the case law, it points out that insufficient attention has been paid to various factors, including: the interface of common law rules and statute; the inexact science of statutory construction; different emerging methodologies in determining consistency; the rise of unjust enrichment …

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