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Articles 1 - 30 of 341
Full-Text Articles in Law
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Dr. Muhammad Munir
This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
Dr. Muhammad Munir
The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …
Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory C. Keating
Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory C. Keating
Gregory C. Keating
For Women, A Court Of Last Appeal, Saumya Uma
For Women, A Court Of Last Appeal, Saumya Uma
Dr. Saumya Uma
Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons
Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons
Daniel Lyons
No abstract provided.
Entre La Restricción Y La Libertad: Sobre La Posible Pérdida De Legitimidad Del Juez Constitucional, Jorge Gonzalez-Jacome
Entre La Restricción Y La Libertad: Sobre La Posible Pérdida De Legitimidad Del Juez Constitucional, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
There are different points of view from which legal reasoning can be examined. Some argue that there is a correct theory of legal reasoning and therefore, they analyze particular cases in order to determine if a particular argument drawn by a judge or a court is coherent with a proposed theory. One of the main assets of Critical Legal Studies (CLS) is to think about law as a practice in which there is no need to establish a particular theory to grasp reality. In the area of legal reasoning, Duncan Kennedy has tried to show us how the main concern …
Adapt Or Optimize? The Psychology And Economics Of Rules Of Evidence, Robert D. Cooter
Adapt Or Optimize? The Psychology And Economics Of Rules Of Evidence, Robert D. Cooter
Robert Cooter
In civil disputes, the plaintiff must prove his case by the preponderance of the evidence. To reach this standard, the plaintiff accumulates evidence by combining facts. I compare two models of this process. Decision makers can adapt their behavior for improved results, as assumed in some psychological models. Adaptive models predict that court practice will allow the plaintiff to combine facts according to relatively simple rules. Alternatively, decision makers can optimize their behavior for best results, as assumed in most economic models. Optimization models predict that court practice will require the plaintiff to combine facts in ways that conform to …
The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton
The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton
KATHERINE CULLITON-GONZÁLEZ
No abstract provided.
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
Jamison E. Colburn
In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
Thomas D. Lyon
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
Thomas D. Lyon
Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer
Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer
Matthew Rimmer
From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne
From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne
Péter Cserne
No abstract provided.
Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne
Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne
Péter Cserne
No abstract provided.
El Interés En Las Acciones Y Recursos, Juan Carlos Riofrío Martínez-Villalba
El Interés En Las Acciones Y Recursos, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei
The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei
Ugo Mattei
No abstract provided.
The Trials And Tribulations Of Internet Research, Lee F. Peoples
The Trials And Tribulations Of Internet Research, Lee F. Peoples
Lee Peoples
No abstract provided.
Judge Judges On How They Use Their Power, Alan E. Garfield
Judge Judges On How They Use Their Power, Alan E. Garfield
Alan E Garfield
No abstract provided.
Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone
Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone
Ethan G. Stone
The paper examines the history of the building pressure during the 1940s the pass the UBIT and finds that the traditional explanations hide an underlying political function. As the charitable exemption became more important with the expansion of the income tax in the 1940s, it attracted new attention from both policymakers and a growing tax-shelter industry. Charities and sympathetic policymakers tried to justify a suddenly important blanket subsidy to charity on the basis of the charities exclusive dedication to good works. Tax-shelter promoters made the effort more difficult by featuring charities in roles, such as buying and leasing commercial real …
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Alexandra Natapoff
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Chiehwen Ed Hsu
No abstract provided.
8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
Thomas D. Lyon
Understanding The Solution For Microsoft, Ivo T. Gico
Understanding The Solution For Microsoft, Ivo T. Gico
Ivo Teixeira Gico Jr.
Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?
In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …
Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour
Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour
Dean M. Hashimoto
Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.
Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …
Getting U.S. Security Holders To The Party: The Sec's Cross-Border Release Five Years On, Steven Davidoff, Brett Carron
Getting U.S. Security Holders To The Party: The Sec's Cross-Border Release Five Years On, Steven Davidoff, Brett Carron
Steven Davidoff Solomon
On October 22, 1999, the SEC in the Cross-Border Adopting Release adopted new rules relating to cross-border tender and exchange offers, business combinations, and rights offerings. These rules were enacted as part of an ambitious program by the SEC staff to shepherd the U.S. federal securities laws into the international age by facilitating the inclusion in cross-border takeovers of previously excluded U.S. holders. Five years on, the full impact of the Cross-Border Rules on the international market remains uncertain and rules that were expressly intended to facilitate the inclusion of U.S. security holders in cross-border takeovers have, in many instances, …
After The Tsunami: Human Rights Vulnerabilities Of Vulnerable Populations, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein
After The Tsunami: Human Rights Vulnerabilities Of Vulnerable Populations, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein
Eric Stover
- to assess the nature and extent of pre-existing human rights problems and their impact on vulnerable groups prior to the tsunami;
- to investigate violations of human rights in the post-tsunami period;
- to examine the response of governments and …
Children In Adoptive Families: Overview And Update, Ruth-Arlene W. Howe J.D., Steven L. Nickman M.D., Alan A. Rosenfeld M.D., Paul Fine M.D., James C. Macintyre M.D., Daniel J. Pilowsky M.D., Andre Derdeyn M.D., Mayu Bonoan Gonzales M.D., Sally A. Sveda M.D.
Children In Adoptive Families: Overview And Update, Ruth-Arlene W. Howe J.D., Steven L. Nickman M.D., Alan A. Rosenfeld M.D., Paul Fine M.D., James C. Macintyre M.D., Daniel J. Pilowsky M.D., Andre Derdeyn M.D., Mayu Bonoan Gonzales M.D., Sally A. Sveda M.D.
Ruth-Arlene W. Howe
Objective To summarize the past 10 years of published research concerning the 2% of American children younger than 18 years old who are adoptees. Method Review recent literature on developmental influences, placement outcome, psychopathology, and treatment. Results Adoption carries developmental opportunities and risks. Many adoptees have remarkably good outcomes, but some subgroups have difficulties. Traditional infant, international, and transracial adoptions may complicate adoptees' identity formation. Those placed after infancy may have developmental delays, attachment disturbances, and posttraumatic stress disorder. Useful interventions include preventive counseling to foster attachment, postadoption supports, focused groups for parents and adoptees, and psychotherapy. Conclusions Variables specific …
Matching Probabilities: The Behavioral Law And Economics Of Repeated, Ehud Guttel, Alon Harel
Matching Probabilities: The Behavioral Law And Economics Of Repeated, Ehud Guttel, Alon Harel
Ehud Guttel
Individuals often repeatedly face a choice of whether to obey a particular legal rule. Conventional legal scholarship assumes that whether such a choice is made repeatedly or is a one-time event has no effect on individuals' decisions. In either case, individuals are expected to maximize their payoffs. Experimental studies, however, suggest that individuals facing a recurring choice, in contrast to individuals making the choice only once, do not behave as maximizers. Instead, individuals facing the choice repeatedly apply the strategy of "probability matching." For example, individuals failed to maximize when presented with a die with four red faces and two …
Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine
Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine
Jonathan C. Augustine
Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …