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2012

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Articles 1 - 30 of 17242

Full-Text Articles in Law

Religion / State: Where The Separation Lies, Vincent Samar Jan 2016

Religion / State: Where The Separation Lies, Vincent Samar

Vincent Samar

The article traces the history of the establishment clause including various court tests that have been used to interpret it, discusses various contemporary justifications for the clause, and culls from those justifications why the “accommodationist” approach sometimes used by the Court must be rejected.

I then introduce the ethical Doctrine of Double Effect to reconsider other tests the Court has applied (total separation, endorsement, neutrality and coercion), ultimately to justify a new neutrality test that provides a clearer understanding of the principles behind non-establishment. I show how the new neutrality test could be used in resolving future cases, for example ...


Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan Dec 2012

Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan

American University International Law Review

No abstract provided.


Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski Dec 2012

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Articles

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as ...


§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller Dec 2012

§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section ...


Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Dec 2012

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Florida State University Law Review

No abstract provided.


Mapping The Future Of Insider Trading Law: Of Boundaries, Gaps, And Strategies, John C. Coffee Jr. Dec 2012

Mapping The Future Of Insider Trading Law: Of Boundaries, Gaps, And Strategies, John C. Coffee Jr.

Faculty Scholarship

The current law on insider trading is arbitrary and unrationalized in its limited scope in a number of respects. For example, if a thief breaks into your office, opens your files, learns material, nonpublic information, and trades on that information, he has not breached a fiduciary duty and is presumably exempt from insider trading liability. But drawing a line that can convict only the fiduciary and not the thief seems morally incoherent. Nor is it doctrinally necessary. The basic methodology handed down by the Supreme Court in SEC v. Dirks and United States v. O’Hagan dictates (i) that a ...


The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung Dec 2012

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its ...


The Normative Underpinnings Of Taxation, Sagit Leviner Dr. Dec 2012

The Normative Underpinnings Of Taxation, Sagit Leviner Dr.

Sagit Leviner Dr.

Questions about the appropriate rules and mechanisms of taxation are, first and foremost, questions concerning the nature of society. What can be taxed, what cannot, for what purpose, when, and how, are all matters that go to the heart of society and, in particular, concern society’s underlying beliefs and values vis-à-vis the meaning and attainment of justice. This Article explores the role of normative values and theory in tax policymaking. It suggests that a candid elaboration of normative perspectives, and how they shed light on taxation, could lead to a better understanding of society as well as a better ...


An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer Dec 2012

An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer

Matthew Rimmer

The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra ...


Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill Dec 2012

Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller Dec 2012

Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird Dec 2012

Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch Dec 2012

Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.


Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen Dec 2012

Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen Dec 2012

Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Front Matter Dec 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2012

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2012

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues ...


Introduction, Andrea Mcardle Dec 2012

Introduction, Andrea Mcardle

City University of New York Law Review

No abstract provided.


Fixing New York's Broken Bail System, Justine Olderman Dec 2012

Fixing New York's Broken Bail System, Justine Olderman

City University of New York Law Review

No abstract provided.


Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties ...


Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman Dec 2012

Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman

Hofstra Law Review

An introduction is presented in which the author discusses various reports within the issue on topics including the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" publication, ineffective assistance of counsel, and psychopathy.


Preface, Marc S. Wiesner Dec 2012

Preface, Marc S. Wiesner

Santa Clara Journal of International Law

No abstract provided.


Erie's International Effect, Michael Steven Green Dec 2012

Erie's International Effect, Michael Steven Green

NULR Online

No abstract provided.


Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo Dec 2012

Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo

Santa Clara Journal of International Law

No abstract provided.


Front Matter Dec 2012

Front Matter

City University of New York Law Review

No abstract provided.


Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez Dec 2012

Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez

City University of New York Law Review

No abstract provided.


"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola Dec 2012

"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola

City University of New York Law Review

No abstract provided.


Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse Dec 2012

Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse

City University of New York Law Review

No abstract provided.