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Selected Works

2016

Discipline
Institution
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Articles 31 - 60 of 1691

Full-Text Articles in Law

55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2016

55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defence lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defence lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to resist was significantly lower for …


U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers Nov 2016

U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers

Amy L. Landers

Globalization has prompted the evolution of our definition of sovereignty. In the patent context, this has arisen amidst a recent focus on the extraterritorial reach of patent remedies. Some of the theoretical challenges are examined in a recent series of decisions of the U.S. Court of Appeals for the Federal Circuit. These decisions evidence the tensions that arise in when transnational conduct is evaluated within the Westphalian framework developed in the 1600’s. In essence, resolving them requires grappling with the problems that arise “where the reality of human interaction, with its plural sources of norms, seems to be chafing against …


Response To “Necessary To The Security Of Free States: The Second Amendment As The Auxiliary Right Of Federalism”, William G. Merkel Nov 2016

Response To “Necessary To The Security Of Free States: The Second Amendment As The Auxiliary Right Of Federalism”, William G. Merkel

William G. Merkel

No abstract provided.


Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff Nov 2016

Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff

Benjamin Leff

This Article is the first to address whether independent governmental affiliates that sell marijuana are exempt from federal income tax under section 115 of the Internal Revenue Code. It argues that such entities should easily pass the IRS's current interpretation of the three requirements for tax-exemption under section 115: (i) that exempt income be derived from "the exercise of any essential governmental function"; (ii) that such income "accru[e] to a State or any political subdivision thereof"; and (iii) that the income "not serve private interests[.]" In addition, this Article argues that though selling marijuana is illegal under federal law, that …


The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine K. Baker Nov 2016

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine K. Baker

Katharine K. Baker

Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …


Research And The Professional : Navigating A Spectrum Of Legal Resources., Erin K Gow Nov 2016

Research And The Professional : Navigating A Spectrum Of Legal Resources., Erin K Gow

Erin Gow

Legal research is complicated by the growing amount of information available, and there is evidence that legal practitioners require additional training in order to enhance their information literacy and legal research skills. Librarians have a key role to play in developing legal research training, and examples taken from Middle Temple's library are used to illustrate ways in which librarians can offer beneficial training to their library users. This involves assessing the skills, motivation, and needs of the average library user in order to design legal research training that is educationally sound and appealing to the target audience.


Social Media Evidence, Darla W. Jackson Nov 2016

Social Media Evidence, Darla W. Jackson

Darla W. Jackson

No abstract provided.


Voluntary Aids At The Nerve Hospital, Ian C. Willis Nov 2016

Voluntary Aids At The Nerve Hospital, Ian C. Willis

Ian Willis

In the days immediately following the First World War a group of women from The Oaks and Camden volunteered at Waley Nerve Hospital at Mowbray Park as part of the activities of the Camden and The Oaks Voluntary Aid Detachments.


Camden History V4 N2, Ian Willis Nov 2016

Camden History V4 N2, Ian Willis

Ian Willis

CAMDEN HISTORY Journal of the Camden Historical Society Inc. Contents Brian Stratton - the story of a local artist 40 Linda and David van Nunen Memories of Barbering 50 Col Smith Horse History in Western Sydney: Kirkham Stud 60 Mark Latham Dairy Farmer to Young Local Historian 67 Sophie Mulley Echoes of the Appin Massacre 1816 76 Ian Willis Growing up in Camden 81 Joy Riley President's Report 2015 - 2016 86 Bob Lester Pansy, The Camden - Campbelltown Train 91 Photographs by Wayne Bearup Camden Arcade 25th Anniversary Address 97 Christos Scoufis A Personal Reflection on Local History Studies …


Ben Linden Narellan An Edwardian Gem, Ian C. Willis Nov 2016

Ben Linden Narellan An Edwardian Gem, Ian C. Willis

Ian Willis

Ben Linden is an outstanding example of the Edwardian cottages across the local area. Camden has quite a number of Edwardian cottages in the town area, on surrounding farms and in local district villages. They are typical of the early twentieth century landscape in the local district. The housing style was evidence of the new found confidence of the birth of a new nation that borrowed overseas trends and adopted them to suit local conditions. These style of houses were a statement of the individualism and the national character.


The Early Days Of Elderslie, Ian C. Willis Nov 2016

The Early Days Of Elderslie, Ian C. Willis

Ian Willis

In 1929 Madeline Buck the granddaughter of Elderslie pioneer James Hawdon published a series of letters written in 1828 to friends in England. Hawdon had lived in Elderslie for five years from 1828. Hawdon's letters surfaced in England in 1929 amongst old family papers and have many interesting insights into life in the early days of the colony.


Snapshots Of The Past, Ian C. Willis Nov 2016

Snapshots Of The Past, Ian C. Willis

Ian Willis

When photography was still in its infancy it was used as a tool to capture moments that would become a chronology of the past for future gen- erations. Here is a snapshot of special moments from the Perkins family album of Cawdor. Harold E. Perkins was a smallholder dairy farmer at Cawdor living on the family farm of Verdundale. One of his pastimes was photography.


Menangle 'Little England' Says Duchess Of York, Ian C. Willis Nov 2016

Menangle 'Little England' Says Duchess Of York, Ian C. Willis

Ian Willis

'This is like home, like England', proclaimed the Duchess of York in 1927 on her visit to Menangle. She and her husband the Duke of York visited Camden Park as part of their royal visit of Australia, which involved the opening of the provisional Parliament House in Canberra in May.[1] The Duke and Duchess of York had left England of their royal tour of dominions in January 1927 on board the Royal Navy battleship HMS Renown, travelled through New Zealand in February and arrived in Australia in March. The Royals departed from Australia in late May after visiting all states. …


Pit Covers And Other Things Under Foot, Ian C. Willis Nov 2016

Pit Covers And Other Things Under Foot, Ian C. Willis

Ian Willis

Utilities like electricity, water, gas, sewerage, communications and others are essential in any community. Camden has acquired the utilities as time has progressed over the past 150 years to the present. Argyle Street has a number of utilities buried beneath the street and footpaths. Their histories provide a valuable insight into the town's development and progress, particularly in the 20th century. The arrival of electricity, gas and water were part of Camden modernism and its influence on the town. Each of these utilities has transnational origins well beyond the township and illustrate the linkages between the town and wider world. …


Histories Of The Red Cross, Ian C. Willis Nov 2016

Histories Of The Red Cross, Ian C. Willis

Ian Willis

The Australian Red Cross Society is part of one of the world's most important humanitarian organisations. It has provided relief in times of crisis for 100 years. The International Red Cross and Red Crescent movement has seven guiding principles: humanity, impartiality, neutrality, independence, voluntary service, unity and universality. The origins of the movement are located in mid-nineteenth century Europe; now it comprises around 190 national societies, including Australia's, which was founded in 1914. This year marked a global first for Australia ‒ it held an inaugural conference, Histories of the Red Cross Movement: Continuity and Change, for historians, archivists, curators …


Do You Know What Is Under Your Feet?, Ian C. Willis Nov 2016

Do You Know What Is Under Your Feet?, Ian C. Willis

Ian Willis

What is under your feet and totally ignored? What do you walk over every day? What is essential in an emergency? What provides access to essential utilities? The answer lies under our feet. What is it? Give up yet? The answer is the humble utility inspection cover. Utilities like electricity, water, gas, sewerage, communications and others are essential in any community. Camden has acquired the utilities as time has progressed over the past 150 years to the present. Argyle Street has a number of utilities buried beneath the street and footpaths. Their histories provide a valuable insight into the town's …


Cobbitty Sports Day Benefited The War Effort, Ian C. Willis Nov 2016

Cobbitty Sports Day Benefited The War Effort, Ian C. Willis

Ian Willis

major event on the social calendar of a number of picturesque villages in the Camden district was the annual New Year's Day Sports Carnivals. They were part of the English traditions brought to the area by colonial immigrants, and in 1915 they were held in the villages of Cobbitty and The Oaks. Sports carnivals were wonderful community events that included all classes of villagers regardless of their station in life and during the First World War they held special appeal for patriotic fundraising. These social and cultural traditions were not isolated to the Camden district and have been held in …


Nontechnical Disclosure, Jonas Anderson Nov 2016

Nontechnical Disclosure, Jonas Anderson

J. Jonas Anderson

One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.


Trade Law’S Responses To The Rise Of China, Wentong Zheng Nov 2016

Trade Law’S Responses To The Rise Of China, Wentong Zheng

Wentong Zheng

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …


International Investment Arbitration: Winning Losing And Why, Susan D. Franck Nov 2016

International Investment Arbitration: Winning Losing And Why, Susan D. Franck

Susan Franck

None available.


Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan D. Franck Nov 2016

Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan D. Franck

Susan Franck

None available.


Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan Nov 2016

Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan

Richard Vaughan

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.


Political Reliability And The Chinese Bar Exam, Rachel E. Stern Nov 2016

Political Reliability And The Chinese Bar Exam, Rachel E. Stern

Rachel E. Stern

This article uses the case of contemporary China to explore an under- studied type of political socialization: the bar exam. Content analysis of 3,996 exam questions from 2002±2014 shows a turning point in the mid-2000s, when the test became explicitly political. The newly political exam is now a site of political learning where tomorrow's lawyers, judges, and prosecutors perform loyalty by exchanging politically correct answers for points. Viewed from this perspective, the Chinese bar exam has much in common with demands for public displays of correct behaviour in other authoritarian states. This adds a fresh, political layer to our understanding …


Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer Nov 2016

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Thomas L. Shaffer

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Nov 2016

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Thomas L. Shaffer

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …


Lawyers And Biblical Prophets, Thomas L. Shaffer Nov 2016

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …


Aging America, Thomas L. Shaffer Nov 2016

Aging America, Thomas L. Shaffer

Thomas L. Shaffer

Professor Sarah Harper's assessment of the legal, political,

medical, and economic issues associated with old age in the

United States heralded the theme for this Symposium, "Aging

America." Her analysis turns, as she puts it, on "a fundamental

shift in the demographic structure of society. No longer will it be

the norm to have large numbers of young and small numbers of

old,"1 as it was when I was a boy (age 11 on V.J. Day, 1945).

"Rather, we are entering a world where age groups will be distributed

more or less equally across society-an age-symmetric society."

2 Soon, America …


Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein Nov 2016

Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein

Stephanie Bornstein

Has litigation under Title VII of the Civil Rights Act of 1964 reached the limit of its utility in advancing workplace equality? After four decades of forward progress on antidiscrimination law in the courts, Supreme Court decisions in the last decade have signaled a retrenchment, disapproving of key theories scholars and advocates had pursued to address workplace discrimination in its modern, more subtle and structural forms. Yet sex and race inequality at work endure, particularly in pay and at the top of organizations. Notably, while the Roberts Court majority appears skeptical that discrimination persists and resistant to recognizing the role …


A Case Study On Court Of Appeals Finality, Michael J. Nolan Nov 2016

A Case Study On Court Of Appeals Finality, Michael J. Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod Nov 2016

“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod

Eloisa C Rodríguez-Dod

It is expected that when you arrive at an airport you most likely will have to check in a bag or two. What is not expected, however, is that someone would rummage through your baggage and take your belongings. Unfortunately, this happens frequently. A passenger packs her jewelry in her luggage, checks that luggage in, boards her flight, and never sees that jewelry again. Once she discovers the missing jewelry, her options for recovering the loss are quite limited. This article examines the history and current state of the law regarding airline liability for passengers’ lost belongings on domestic as …