Law Commons^™

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross

American University Law Review

No abstract provided.

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Wai Yee WAN

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …

Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan

Wai Yee WAN

This is a commentary on the recommendations on prohibition of financial assistance in the Report of the Steering Committee for Review of the Companies Act

Mass Incarceration, Ex-Felon Discrimination & Black Labor Market Disadvantage , Jordan Segall

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building Special Issue: Rule Of Law Reform In Iraq And Afghanistan, Charles E. Tucker Jr.

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

House Divided: A Response To Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, A, W. Tucker Carrington

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

The Wiaa As A State Actor: A Decade Later, Brentwood Academy's Potential Effect On Wisconsin Interscholastic Sports, Joseph P. Trevino

Marquette Sports Law Review

none

Sistema Brasileiro De Provas, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

No abstract provided.

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles

It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s dependency …

When “Bad” Mothers Make Worse Law: A Critique Of Legislative Limits On Embryo Transfer , Deborah L. Forman

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Economic Rights As Group Rights, Eric Blumenson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Gender, Maternity Leave, And Home Financing: A Critical Analysis Of Mortgage Lending Discrimination Against Pregnant Women , Maureen R. St. Cyr

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Racial Disparities In Childhood Obesity: Causes, Consequences, & Solutions , Katherine Unger Davis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.

University of Pennsylvania Journal of International Law

No abstract provided.

December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Probing The Power Of The Supreme Court, Reviewing Tom S. Clark, The Limits Of Judicial Independence And Matthew E. K. Hall, The Nature Of Supreme Court Power, Lawrence Baum

Tulsa Law Review

No abstract provided.

All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson

City University of New York Law Review

No abstract provided.

Pepsico And Public Health: Is The Nation's Largest Food Company A Model Of Corporate Responsibility Or Master Of Public Relations?, Michele Simon

City University of New York Law Review

No abstract provided.

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview of the …

An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell

City University of New York Law Review

The Federal Prison Litigation Reform Act precludes prisoners from filing lawsuits in forma pauperis and imposes significant limitations on the recovery of attorney’s fees. Many states have followed the lead of Congress by prohibiting their courts from waiving filing fees in prisoner cases. The federal fee provisions have withstood a barrage of constitutional challenges, with courts uniformly holding that the provisions are rationally related to a legitimate government interest in deterring frivolous inmate litigation. Many courts, however, apply these fee restrictions in a manner that cannot be justified by the analysis generally supporting the constitutionality of the provisions. In both …

Sex Offender Registration And Notification Laws At Home And Abroad: Is An International Megan's Law Good Policy?, Christopher King

City University of New York Law Review

No abstract provided.

Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno

Indonesia Law Review

Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only …

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang

Indonesia Law Review

Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on …

The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo

Indonesia Law Review

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …