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Selected Works

2012

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Articles 1 - 30 of 3964

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 ...


Oh, The Farmer And Cowman Should Be Friends': The Integration Of Legal Writing And Academic Support, Jamie Kleppetsch, Mary Nagel Aug 2015

Oh, The Farmer And Cowman Should Be Friends': The Integration Of Legal Writing And Academic Support, Jamie Kleppetsch, Mary Nagel

Mary Nagel

No abstract provided.


Free To Be Biased?, Melissa Murray, Russell Robinson Jul 2015

Free To Be Biased?, Melissa Murray, Russell Robinson

Russell K Robinson

No abstract provided.


Comparative Law: Global Legal Traditions For The 21st Century, Michael Bazyler, Abdullahi Al-Naim, Russell Miller, Peter Yu Jul 2015

Comparative Law: Global Legal Traditions For The 21st Century, Michael Bazyler, Abdullahi Al-Naim, Russell Miller, Peter Yu

Peter K. Yu

No abstract provided.


Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson Jul 2015

Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson

Andrew P. Morriss

The claim that OFCs are lax regulators has two weaknesses. First, it ignores differences between OFCs and onshore jurisdictions that influence the effectiveness of regulatory measures, such as their relative need to protect retail investors and the effectiveness of informal constraints. Second, leading OFCs deploy resources that are comparable to leading onshore jurisdictions by many measures.


Employment Law Cases And Materials, Gillian Lester, Steven Willborn, Stewart Schwab, John Burton Feb 2015

Employment Law Cases And Materials, Gillian Lester, Steven Willborn, Stewart Schwab, John Burton

Stewart J Schwab

No abstract provided.


Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett Nov 2013

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett

Richard W Garnett

No abstract provided.


Criminal Procedure: The Constitution And The Police (Seventh Edition), Mark Brodin, Robert Bloom Oct 2013

Criminal Procedure: The Constitution And The Police (Seventh Edition), Mark Brodin, Robert Bloom

Robert Bloom

No abstract provided.


Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson Jun 2013

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson

Mary Ann Robinson

No abstract provided.


Render Less Unto Caesar?: Denying Communion To Catholic Judges, Dermot Lynch Dec 2012

Render Less Unto Caesar?: Denying Communion To Catholic Judges, Dermot Lynch

Dermot Lynch

A conservative group of Catholic bishops who seek to deny communion to those who support abortion rights has thus far only targeted pro-choice Catholic public officials and the Catholic voters who have supported them electorally. Yet the movement could as easily act against Catholic judges, including at least three prominent Catholics on the Supreme Court. Yet judges should not be denied communion for the same reason that the sacrament should not be denied to voters or legislators, namely because the standard that the communion denial movement uses in applying this grave sanction is deeply problematic as it invites arbitrary enforcement ...


Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz Dec 2012

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Seymour H. Moskowitz

No abstract provided.


Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance Dec 2012

Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance

Ruth C. Vance

No abstract provided.


Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis Dec 2012

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο ...


Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez Dec 2012

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez

Tadeo Leandro Fernandez

The aim of this paper is to describe the international recommendations on prevention of money laundering about confiscation of the proceeds of crime, in particular the indirect proceeds. In that sense, for this purpose we propose to use the term confiscation as a generic of forfeiture, restitution, damage repair, and reset to the previous state, i.e. we include forfeiture rules (Section 23 and 305) and damage repair (Title IV of Book I) of the Criminal Code and we also note national case law that share this idea. Last, we conclude that current Argentine system allows confiscating the direct and ...


Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner Dec 2012

Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner

Ivan E. Bodensteiner

Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and resulting injuries, yet be denied damages because of the Supreme Court's misinterpretation of the 1871 statute. This anomaly is the result of several defenses created by the Court, including absolute and qualified immunity, the rejection of respondeat superior liability for municipalities, and the expansion of sovereign immunity, based, in part, on a misinterpretation of the Eleventh Amendment. Several other rulings of the Court narrow the circumstances under which private parties are subject to § 1983 liability, refuse to exempt § 1983 actions ...


Localizing Climate Change Action, Marianne Dellinger Dec 2012

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits that ...


Sex Ratio In Mumbai, Professor Vibhuti Patel Dec 2012

Sex Ratio In Mumbai, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender equity has been a prominent aspect of equity concerns in public policy. The gender dimension has led to widespread advocacy and focused attention on equity in other than economic areas, such as education, health, decision-making, violence against women and political participation. The human development approach offers a capability-based approach to gender equity in development that is a departure from traditions focused on income and growth. Gender concerns have given the approach the power and flexibility to encompass aspects of inequality that would otherwise go unremarked. Its sensitivity to gender in turn has made it sensitive to a range of ...


La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq. Dec 2012

La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En ...


Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr. Dec 2012

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Christopher L. Griffin Jr.

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have ...


Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker Dec 2012

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue Iii, Michael Ashley Stein, Christopher L. Griffin Jr., Sascha Becker

Christopher L. Griffin Jr.

This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger ...


Book Review, Environmental Law And Sustainability After Rio, David Wirth Dec 2012

Book Review, Environmental Law And Sustainability After Rio, David Wirth

David A. Wirth

Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.


Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter Dec 2012

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Christina M. Sautter

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a merger ...


Shopping During Extended Store Hours: From No Shops To Go-Shops-The Development, Effectiveness, And Implications Of Go-Shop Provisions In Change Of Control Transactions, Christina Sautter Dec 2012

Shopping During Extended Store Hours: From No Shops To Go-Shops-The Development, Effectiveness, And Implications Of Go-Shop Provisions In Change Of Control Transactions, Christina Sautter

Christina M. Sautter

This is the first scholarly article to explore the recent prevalence of go-shop provisions in merger agreements. Unlike no shop provisions which prevent target companies from actively soliciting proposals post-signing, go-shops allow the active solicitation of superior proposals. In effect, go-shops move the pre-signing auction process to post-signing, when deal protection devices act to prevent third parties from bidding. This Article examines the development and effectiveness of go-shops and contends that since the Delaware Supreme Court's landmark holding in Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. that directors have a duty to obtain the highest price for stockholders, Delaware ...


Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance Dec 2012

Bringing A Knife To The Gunfight: The Academically Underprepared Law Student & Legal Education Reform, Susan Stuart, Ruth Vance

Susan P. Stuart

No abstract provided.


Participatory Lawyering & The Ivory Tower: Conducting A Forensic Law Audit In The Aftermath Of Virginia Tech, Susan P. Stuart Dec 2012

Participatory Lawyering & The Ivory Tower: Conducting A Forensic Law Audit In The Aftermath Of Virginia Tech, Susan P. Stuart

Susan P. Stuart

The tragic events at Virginia Tech in 2007 sent a cold wind blowing through the halls of higher education institutions: a Virginia Tech student, who had fallen through the cracks of the school's mental health services and disciplinary procedures, armed himself with firearms and murdered thirty-two students and a professor before committing suicide. In the wake of that massacre, several states and individual interest groups issued reports on campus readiness for similar catastrophes. A consistent theme throughout those reports emphasized the necessity for individual institutions to review their procedures to deal with campus violence. This Article focuses on that ...


Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David Robertson Dec 2012

Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David Robertson

Dr David Robertson

No abstract provided.


The Doctrine Of Anticipatory Breach Of Contract, David Robertson Dec 2012

The Doctrine Of Anticipatory Breach Of Contract, David Robertson

Dr David Robertson

No abstract provided.


Private Law: Conventional Obligations - Sales, David W. Robertson Dec 2012

Private Law: Conventional Obligations - Sales, David W. Robertson

Dr David Robertson

No abstract provided.


Federal Jurisdiction - Doctrine Of Equitable Abstention Applied To Civil Rights Case, David W. Robertson Dec 2012

Federal Jurisdiction - Doctrine Of Equitable Abstention Applied To Civil Rights Case, David W. Robertson

Dr David Robertson

No abstract provided.


Admiralty And Maritime Litigation In State Court, David Robertson Dec 2012

Admiralty And Maritime Litigation In State Court, David Robertson

Dr David Robertson

No abstract provided.