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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


The Wto And Fctc Dispute Settlement Systems: Friends Or Foes?, Lukasz A. Gruszczynski Dec 2106

The Wto And Fctc Dispute Settlement Systems: Friends Or Foes?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article examines the relationship between the dispute settlement mechanisms of the World Trade Organization (“WTO”) and the Framework Convention on Tobacco Control (“FCTC”). It concludes that since the two regimes relate to different international legal obligations, no conflict of jurisdiction exists between their dispute settlement bodies. In any case, the mere existence of an alternative dispute settlement system (i.e., the FCTC) does not preclude a WTO panel from examining a dispute with respect to any alleged violation of WTO obligations. 

The article also notes that the relevant WTO case law clearly establishes that an extraneous agreement concluded between ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Law Of Torts In Tanzania, Mwakisiki Mwakisiki Apr 2071

Law Of Torts In Tanzania, Mwakisiki Mwakisiki

MWAKISIKI MWAKISIKI

An Essential Student Compendium Covering All Aspects of Law of Torts


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold Oct 2018

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...


Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne Apr 2018

Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Adam Epstein

The purpose of this article is to introduce some of the recent (since 2011) situations and incidents at various levels of sport competition. The article can be used as a springboard for further research and exploration, but our intent is to focus on ethical and legal examples that can be used in the classroom primarily for pedagogical purposes.  Using sport examples is often an engaging way to teach ethics in the context of a business or sports law course.  We divide our analysis into four major categories: Part I: addresses youth (including amateur and recreational) and interscholastic sport. Part II ...


Board Declassification And Firm Value: Have Shareholders And Boards Really Destroyed Billionsin Value?, Emiliano Catan Apr 2018

Board Declassification And Firm Value: Have Shareholders And Boards Really Destroyed Billionsin Value?, Emiliano Catan

Law, Economics, & Business Workshop

No abstract provided.


Business Law Bulletin, Spring 2018 Apr 2018

Business Law Bulletin, Spring 2018

Business Law Bulletin

No abstract provided.


Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen Apr 2018

Criminology (Gsu, Clayton), Scott Jacques, Andrea Allen

Criminal Justice Grants Collections

This Grants Collection for Criminology was created under a Round Nine ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

  • Linked Syllabus
  • Initial Proposal
  • Final Report


Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan Mar 2018

Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan

New England Journal of Public Policy

This article includes portions of a report on the structure, governance, operations, and effectiveness of the Boston School Committee that was commissioned by the Boston Municipal Research Bureau in 1980. The passages provide an overview of the mandate, background, and recommendations, examining how a set of prominent professionals and citizens viewed the problem facing school department governance, including its isolation and the longstanding credibility gap fueled by patronage politics. It also looks at continued tensions between “equality” and “quality,” which occupied the heart of court-ordered desegregation; rising demands on a system that lacked the capacity to serve a broad array ...


Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan Mar 2018

Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan

New England Journal of Public Policy

This article, originally published in 1985, is based partly on the author’s experience with the Boston school desegregation case, but goes beyond it. It chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the Boston Public Schools and the Boston Housing Authority. It makes three proposals, which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay that are relevant to the post-remedial phase of institutional reform litigation. The ...


Insolvency And Incentives For Efficient Care: An Empirical Investigation, Michael Ohlrogge Mar 2018

Insolvency And Incentives For Efficient Care: An Empirical Investigation, Michael Ohlrogge

Law, Economics, & Business Workshop

No abstract provided.


The Design Of Staged Contracting, Albert Choi Mar 2018

The Design Of Staged Contracting, Albert Choi

Law, Economics, & Business Workshop

No abstract provided.


The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi Feb 2018

The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi

Vincent Ooi

The Stamp Duties (Amendment) Bill (Bill No. 18/2017) (the “Bill”) was passed on 10 March 2017 as an urgent bill. The Bill introduced a new Additional Conveyance Duties (“ACD”) regime, designed to levy stamp duties on transfers of interests in Property-Holding Entities (“PHEs”) and equalise the treatment between direct transfers of real property and indirect transfers through the use of PHEs. While the ACD regime was introduced partly in response to tax avoidance measures, its effect is not so confined.

The new Additional Conveyance Duties regime has gone beyond attempting to achieve tax neutrality between direct transfers of residential ...


Back Matter, Adfsl Feb 2018

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl Feb 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Contents, Adfsl Feb 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison Feb 2018

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Ted Occhialino

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares Feb 2018

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play ...


Vol. 54, No. 06 (February 19, 2018) Feb 2018

Vol. 54, No. 06 (February 19, 2018)

Indiana Law Annotated

No abstract provided.


Facilitating University Compliance Using Regulatory Policy Incentives, James Koebel Feb 2018

Facilitating University Compliance Using Regulatory Policy Incentives, James Koebel

James Koebel

Internal compliance programs have proliferated within colleges and universities in response to the federal government’s regulatory expansion into higher education.  Institutions increasingly utilize these programs in order to manage their myriad compliance obligations and the attendant increase in risk.  Yet, even properly designed programs possess many areas of potential weakness that hinder their effectiveness.  Concurrently, calls for regulatory reform have grown louder.  Although several viable options have been proposed and should be taken seriously, none adequately leverage the compliance function so many universities have recently adopted. 
Institutional policies are an inseparable component of an effective compliance program and their ...


Apuntes Sobre El Razonamiento Abductivo. Brando Paredes Miranda, Brando Javier Paredes Miranda Feb 2018

Apuntes Sobre El Razonamiento Abductivo. Brando Paredes Miranda, Brando Javier Paredes Miranda

Brando Javier Paredes Miranda

Apuntes sobre razonamiento probatorio


Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle Feb 2018

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle

Susan D. Carle

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...