Law Commons^™

From Loving To Romer: Homosexual Marriage And Moral Discernment, Richard F. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

Will New York Recognize Same-Sex Marriage?: An Analysis Of The Conflict-Of-Laws' Public Policy Exception, Todd C. Hilbig

Brigham Young University Journal of Public Law

No abstract provided.

Transgressive Cause Lawyering, Stuart Scheingold, Anne Bloom

Anne Bloom

No abstract provided.

Campaigns Against Gender Violence (1977-1993), Professor Vibhuti Patel

Professor Vibhuti Patel

The women's movement in India launched campaigns against rape, domestic violence, sexism in advertisements as well as against state repression during caste and communal riots in the early eighties. Before that, during the postemergency period of 1977-1980, small groups of women's rights activists in Hyderabad, Bombay, Delhi and Madras had started taking up individual cases of custodial rape, deaths of-housewives under mysterious circumstances and excesses by the state enforcement machinery during caste/communal riots which had increased in number and intensity of violence. The mass of poor women involved in the struggles of the tribal people, the industrial working classes and …

Cloning People: A Jewish Law Analysis Of The Issues, Michael J. Broyde

Faculty Articles

This Article is an attempt to create a preliminary and tentative analysis of the technology of cloning from a Jewish law perspective. Like all preliminary analyses, it is designed not to advance a rule that represents itself as definitive normative Jewish law, but rather an attempt to outline some of the issues in the hope that others will focus on the problems and analysis found in this Article and will sharpen or correct that analysis. Such is the way that Jewish law seeks truth.

In the case of cloning-as with all advances in reproductive technology- the Jewish tradition is betwixt …

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos

LLM Theses and Essays

The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …

Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar

LLM Theses and Essays

The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …

American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov

LLM Theses and Essays

The international capital market has become more developed in the last two decades because of advances in information technology, increased co-operation among financial regulators and the sophistication of the market players. This paper focuses on depository receipts as an essential element in the market integration process. The paper explores how domestic investors and corporations can acquire, issue and trade in foreign securities on the major stock markets of other countries, especially emerging markets such as the Russian Federation. This paper reviews the development of European Depository Receipts (EDRs), Global Depository Receipts (GDRs) and the American Depository Receipts (ADRs) in the …

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville

LLM Theses and Essays

The idea of information superhighways has been spurred by consumer demand, technological development and political institutions. These advancements and interests require a regulatory framework to control the operation of, and competition within the telecommunications industry. This paper focuses on government regulation of telecommunication carriers, information services (internet), video-programming and wireless telecommunication (spectrum). This paper also highlights the roles of the Federal Communication Commission (FCC) under the Telecommunications Act of 1996 as compared to previous laws prior to the 1996 Act.

Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde

LLM Theses and Essays

This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …

Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya

LLM Theses and Essays

This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.

International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina

LLM Theses and Essays

Globalization has resulted in a significant increase in the number of foreign banks operating in the United States and the Republic of Panama, thus requiring regulation. This paper deals with the proposed legislative framework by the Republic of Panama to modernize its foreign banking regulations. The paper examines the dynamics of the Basic Accord Capital Standards and U.S. regulation of foreign banks in comparison to the Panama current banking regulations, with the goal to adopting international best practices. The paper concludes by proposing that the Republic of Panama should embrace regulatory revisions at the same level as regulatory schemes in …

Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa

LLM Theses and Essays

The environmental marketing of goods and products have a substantial influence on the demand and supply. This thesis reviews the scope, advantages and disadvantages of diverse types of environmental marketing and further addresses the need for international regulations on eco-labeling programs. This thesis finds that there is a substantial connection between trade and environmental marketing which has resulted in the need for an international harmonization of eco-labeling strategies including the General Agreements on Tariffs and Trade (GATT). The thesis concludes with propositions for a uniform international standard on eco-labeling for the adoption of environmentally-sound best practices and the mitigation of …

Le Droit À L’Autodétermination Entre Le Sujet Individuel Et Le Sujet Collectif. Réflexions Sur Le Cas Particulier Des Peuples Indigènes, Serge Gutwirth

Serge Gutwirth

Le droit à l'autodétermination est problématique parce qu'il se prête aussi bien à une interprétation individuelle que collective. Si pour certains le droit à l'autodétermination se réfère automatiquement à l'autonomie et aux libertés de l'individu, pour d'autres le même concept est indissociablement lié à des entités collectives telles que peuples, ensembles nationaux, minorités ethniques, communautés religieuses, groupes, etc. Or, ces deux prises de position ne sont pas aisément conciliables. Les aspirations collectives peuvent limiter les aspirations individuelles, tandis que ces dernières ne s'accordent pas souvent aux premières. Une vie individuelle n'est, de surcroît, jamais simplement ou automatiquement réductible à un …

Epilogue To Prime Time Law: Fictional Tv Lawyers And Their Impact On America — From Perry Mason And L.A. Law To Law & Order And Ally Mcbeal, Ronald D. Rotunda

Law Faculty Books and Book Chapters

Epilogue to Robert M. Jarvis and Paul R. Joseph's "Prime Time Law: Fictional TV Lawyers and Their Impact on America -- From Perry Mason and L.A. Law to Law & Order and Ally McBeal".

Santa Clara Magazine, Volume 39 Number 4, Winter 1998, Santa Clara University

Santa Clara Magazine

10 - INSIDE OUT Francisco Jimenez, chairman of the University's Modern Languages and Literatures Department, recalls his grade-school days and immigrant family.

14 - FROM HALLOWED TO HIP Connie Hinckley, East Bay writer, examines the media's many-faceted portrayals of the priesthood, especially the controversial Father Ray of Nothing Sacred.

20 - SANTA CLARA'S ADOBE LEGACY Susan Vogel, San Francisco author and publisher, traces the history of the Adobe Lodge and describes its many roles in the life of the University.

26 - UNCOVERING THE REGION'S RICH PAST As the University clears land for new buildings, SCU archeologists and Native American …

Full Faith And Credit And The Equity Conflict, Polly J. Price

Faculty Articles

As this Article relates, the current problem with interstate en­forcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity con­flict" remain unresolved. Both the Court's opinion and the two con­currences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …

Cchlp: Original Public Interface, Eastern Illinois University Department Of History

Coles County Legal History

The Coles County Legal History Project (CCLHP) was began as a grant-supported project in 1999. The database covers civil and criminal cases from 1830 to 1906. The records were originally in a postgres database with a two tables. The public interface was written in Perl. The interface and data were served by Solaris hardware. The Cases table contains 1602 records, the Parties table contains 4487 records. The Solaris system was retired in 2009 and the database was transferred to Booth Library.

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Mediation In Domestic Relations In The United States, Asma Saeed Hussain

LLM Theses and Essays

The continuing influence of a myriad of alternative dispute resolution (ADR) techniques has permeated the field of family, and domestic relations law. This thesis reviews mediation as one of the ADR techniques in contrast with traditional court-litigation for divorce, child-custody disputes. The main part of the thesis addresses the weakness and ethical problems of mediation in domestic relations dispute. The thesis concludes with an acknowledgment of the successes of mediation in divorce cases while discussing the importance of the protection of confidential information which parties disclose during the mediation process.

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.

Strategies For Dissenting Scientists, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Those who challenge conventional views or vested interests in science are likely to encounter difficulties. A scientific dissenter should first of all realize that science is a system of power as well as knowledge, in which interest groups play a key role and insiders have an extra advantage. Dissenters are likely to be ignored or dismissed. If they gain some recognition or outside support, they may be attacked. In the face of such obstacles, there are several strategies, including mimicking science, aiming at lower status outlets, enlisting patrons, seeking a different audience, exposing suppression of dissent, and building a social …

Technology In Different Worlds, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Insight into the relation between technology and society can be obtained by imagining that the world is organised differently and then determining how technology would be different. This approach is illustrated by discussion of three alternative worlds: one in which defence is carried out by nonviolent methods, one in which there is no intellectual property, and one in which workers control decisions about their work.