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Full-Text Articles in Law

From Exclusivity To Concurrence, Mark D. Rosen Jan 2010

From Exclusivity To Concurrence, Mark D. Rosen

All Faculty Scholarship

No abstract provided.


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan Jan 2010

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Continuing The White Collar Unionization Movement: Imagining A Private Attorneys Union, Kimberly Y. Chin Jan 2010

Continuing The White Collar Unionization Movement: Imagining A Private Attorneys Union, Kimberly Y. Chin

Louis Jackson National Student Writing Competition

No abstract provided.


Interest Arbitration In The New Economy, Matthew J. Bartmes Jan 2010

Interest Arbitration In The New Economy, Matthew J. Bartmes

Louis Jackson National Student Writing Competition

No abstract provided.


Action Speaks Louder Than Form: The Case For Protecting Oral Complaints Under The Flsa, Caroline B. Park Jan 2010

Action Speaks Louder Than Form: The Case For Protecting Oral Complaints Under The Flsa, Caroline B. Park

Louis Jackson National Student Writing Competition

No abstract provided.


Property And Transitional Justice, Bernadette Atuahene Jan 2010

Property And Transitional Justice, Bernadette Atuahene

Articles

Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional …


Property Rights & The Demands Of Transformation, Bernadette Atuahene Jan 2010

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Articles

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …