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Articles 31 - 60 of 12841
Full-Text Articles in Law
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez
Juan-Antonio Mondejar-Jimenez
Electronic commerce is becoming increasingly common at international level. It is defined as “doing business electronically across the extended enterprise”, which includes all forms of business, administrative transactions and information exchanges in which any type of information or communication technology is used. It has also been defined as “the form of commerce that by using the services and links provided in electronic documents in the Internet, allows the customer to query, select and purchase a distributor's offer using a device that is connected to the Internet, in real time and at any time or place”. In Spain, the Information Society …
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
Thaddeus Hoffmeister
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii’s experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.
The Article begins with a general and historical overview of the grandjury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy
rationales underlying the need for grand jury autonomy; Part V recommends the implementation of …
Credit Rating Agencies (Cras) And European Regulation, Marco Lamandini
Credit Rating Agencies (Cras) And European Regulation, Marco Lamandini
Marco Lamandini
Financial Services Panel Economic and Monetary Affairs Committee MARCO LAMANDINI Full Professor of Securities and Company Law University of Bologna Credit Rating Agencies (CRAs) and European Regulation Bologna-Brussels, 28 December 2008 Executive summary The Committee requested an opinion on CRA. This briefing paper endeavours to offer a view on this issue, whose relevance for the proper functioning of financial markets emerged already in the wake of the Enron scandal but has been dramatically high-lightened by the current financial crisis. Paragraph 1 provides a brief overview of the European proposal for a regulation on CRAs against the backdrop of recognized market …
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt
Nathan A Greenblatt
Mandatory minimum sentences are anathema to judges due to, it is commonly said, judges’ “utter lack of power to do anything for the exceptional defendants that move them.” In the case of Weldon Angelos, for example, U.S. District Judge Paul Cassell lamented that sentencing Mr. Angelos to 55 years in prison “is unjust, cruel, and even irrational. [The court] reluctantly concludes that it has no choice.” The Judicial Conference has consistently opposed mandatory minimum sentences for more than 50 years, because it, too, has concluded that mandatory sentences give judges no choice in sentencing. Indeed, the U.S. Sentencing Commission recently …
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Seth Barrett Tillman
In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cyber Civil Rights, Danielle Keats Citron
Cyber Civil Rights, Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today’s …
Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi
Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi
Kamaal Zaidi
The rule of law is often difficult to establish in developing nations characterized by frequent political changes and unstable events that affect the separation of powers between the three branches of government – the executive, legislature, and judiciary. In particular, the integrity of the judiciary is often damaged by influences from the executive and legislative branches in that core democratic principles are promoted, including civil liberties, the supremacy of law, law and order, and transparency and accountability among government actors. In Pakistan, turbulent political events over the years have irreparably damaged the ability of the Supreme Court of Pakistan to …
December 24, 2008: The Humanlight Holiday, Bruce Ledewitz
December 24, 2008: The Humanlight Holiday, Bruce Ledewitz
Hallowed Secularism
Blog post, “The HumanLight Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink
From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink
Ute Krudewagen
The article analyzes the numerous employment law issues that arise in global outsourcing transactions. For many of these issues, there are no clear-cut answers on how a company (or the potential service provider) should proceed. For example, in some countries, relevant employees transfer by operation of law to the service provider, even if the parties do not with this to occur. In these circumstances, the parties will need to make important decisions on what to do with any “unwanted” employees who transfer automatically in spite of the parties’ intent. Similarly, the termination of “unwanted” employees can also pose its own …
The Legal Condition Of The Human Body In France And Japan. A Comparative Approach To Legal Personhood In A Context Of Globalization, Matthieu Forlodou
The Legal Condition Of The Human Body In France And Japan. A Comparative Approach To Legal Personhood In A Context Of Globalization, Matthieu Forlodou
Matthieu Forlodou
This paper is a short abstract of my on-going PhD thesis. The ful text will be available soon.
Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner
Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner
Kate Bronfenbrenner
In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …
December 22, 2008: A New Kind Of Faith, Bruce Ledewitz
December 22, 2008: A New Kind Of Faith, Bruce Ledewitz
Hallowed Secularism
Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Lecture Notes Of St. George Tucker: A Framing Era View Of The Bill Of Rights, David T. Hardy
The Lecture Notes Of St. George Tucker: A Framing Era View Of The Bill Of Rights, David T. Hardy
NULR Online
No abstract provided.
Korean Patent No. Kr1020067027478, Adam R. Stephenson
Korean Patent No. Kr1020067027478, Adam R. Stephenson
Adam Stephenson
No abstract provided.
Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman
Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman
Seth Barrett Tillman
This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.
The Calabresi-Tillman exchange appears below under "Related Files".
This paper is not yet drafted.
[June 2, 2010]
Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert
Brigham Young University International Law & Management Review
No abstract provided.
Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi
Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi
Brigham Young University International Law & Management Review
No abstract provided.
The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer
The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer
Brigham Young University International Law & Management Review
No abstract provided.
!!! مدرسه ابوریحان, Sajjad Khaksari
!!! مدرسه ابوریحان, Sajjad Khaksari
SAJJAD KHAKSARI
داستان کوتاه «مدرسه ابوریحان» داستانی از واقعیت تلخ نظام آموزش و پرورش ایران است. تجربه ای میدانی از بحران فرهنگی اجتماعی که ریشه در اندیشه های متحجر مدیران این وزرات خانه دارد
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
Brigham Young University International Law & Management Review
No abstract provided.
The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall
The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall
Brigham Young University International Law & Management Review
No abstract provided.
Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno
Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno
Department of Political Science and Law Faculty Scholarship and Creative Works
The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …
Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg
Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg
George J. Mitchell Oral History Project
Biographical Note
Richard A. “Rich” Arenberg, the son of Bernard and Mary Arenberg, was born on October 16, 1945, in Norwich Connecticut. He was a campus activist during his undergraduate years at Boston University, and worked on some local campaigns, including the campaign of Tom Atkins, the first African American city councilor in Boston. He received a Ph.D. in political science also from Boston University and has a background in survey research. He worked as the issues director for Paul Tsongas’s first congressional campaign in Massachusetts and continued on Tsongas’s congressional and Senate staff until Tsongas retired from the Senate …
Answering Brief For The United States
Answering Brief For The United States
United States v. Washington, Docket No. 08-35794 (593 F.3d 790 (9th Cir. 2009) (as amended Jan. 10, 2010))
No abstract provided.
Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy
Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy
David T. Hardy
The controversy between 14th Amendment total incorporation under the privileges or immunities clause, and selective incorporation under its due process clause, has remained quiescent in recent years. Now, three cases pending in the lower Federal courts are making bids to revive the controversy that once generated a feud between Justice Black and Justice Frankfurter.
In the last Term, a majority of the Supreme Court accepted a variant of original public meaning as the key to ascertaining constitutional meaning; the focus of this interpretative methodology is not upon Congressional understanding in proposing a constitutional provision, but upon the likely understanding of …
Paul V. The Clintons, Et Al: Fec Complicity And A Plea For Real And Present Campaign Finance Reform, Ellis Washington
Paul V. The Clintons, Et Al: Fec Complicity And A Plea For Real And Present Campaign Finance Reform, Ellis Washington
Ellis Washington
This Article is an analysis of current legislation, case law and election law policy regarding campaign finance disclosure rules and the need for a truly independent Federal Election Commission to efficiently enforce existing election laws. Admittedly, this article isn’t as theoretical as other scholarly works on this subject, however, since campaign finance reform is a rather complex subject, I didn’t want to get caught up in the endless minutiae of legislative and court opinion other than a general review in the context of the case at bar as well as the present state of campaign finance reform policy. I also …