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Articles 3841 - 3865 of 3865
Full-Text Articles in Law
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Vladislava Stoyanova
This article addresses the interaction between international human rights law and national criminal law as exemplified and revealed in relation to the abuses of slavery, servitude, forced labour and human trafficking (THB). First, I point out the mismatch between the interpretative techniques of international human rights law and national criminal law. The reportedly low numbers of prosecutions and convictions for abuses against migrants has gathered increasing attention. As a reaction it has been suggested that the definitions of THB and of slavery, servitude and forced labour (where the latters have been specifically criminalized) have to be expansively construed. These suggestions …
Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi
Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi
Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Padideh Ala'i
»A Kőkorszak Metafizikája« És A »Szép Új Világ«: Herbert Hart A Jog Emberképéről [‘The Metaphysics Of The Stone Age’ And The ‘Brave New World’: Hart On The Law’S View Of Man], Péter Cserne
Péter Cserne
This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment’ about empirical facts, ‘demystification’ …
The Virtues Of Law In The Politics Of Religious Freedom, Benjamin L. Berger
The Virtues Of Law In The Politics Of Religious Freedom, Benjamin L. Berger
Benjamin L. Berger
Response To Svoboda And Irvine (Ethical And Technical Challenges In Compensating For Harm Due To Solar Radiation Management Geoengineering), Jesse Reynolds
Response To Svoboda And Irvine (Ethical And Technical Challenges In Compensating For Harm Due To Solar Radiation Management Geoengineering), Jesse Reynolds
Jesse Reynolds
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds
Jesse Reynolds
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan D. Carle
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan D. Carle
Susan D. Carle
What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan D. Carle
What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan D. Carle
Susan D. Carle
Polarizing Precarious Perplexing, Craig B. Mousin
Polarizing Precarious Perplexing, Craig B. Mousin
Craig B. Mousin
No abstract provided.
Labor: Cost Of A Commodity Or Commitment To A Covenant, Craig B. Mousin
Labor: Cost Of A Commodity Or Commitment To A Covenant, Craig B. Mousin
Craig B. Mousin
No abstract provided.
Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits
Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits
New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxix—Disclosure Motions Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxix—Disclosure Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
E-Mail Netiquette For Lawyers, Gerald Lebovits
E-Mail Netiquette For Lawyers, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
E-Mail Netiquette For Lawyers, Gerald Lebovits
E-Mail Netiquette For Lawyers, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig
¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig
Jorge R Roig
Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon
Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon
Jonathan S Simon
Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Francina Cantatore
This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …
A Tributação Estratégica. Introdução À Teoria Dos Jogos No Direito Tributário., Cristiano Carvalho
A Tributação Estratégica. Introdução À Teoria Dos Jogos No Direito Tributário., Cristiano Carvalho
Cristiano Rosa de Carvalho
O objetivo deste artigo é introduzir o campo de análise estratégica conhecido como Teoria dos Jogos aos operadores do direito tributário brasileiro.
Gift Promises And The Edge Of Contract Law, George Geis
Gift Promises And The Edge Of Contract Law, George Geis
George Geis
No abstract provided.
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Michael E Lewyn
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.
Improved Performance Guarantees, Ian Ayres, Quinn Curtis
Improved Performance Guarantees, Ian Ayres, Quinn Curtis
Ian Ayres
Many mutual fund shareholders invest in funds with supra-competitive fees that reduce their expected return even though lower cost alternatives are available. While financial arbitrage could address this problem, conventional arbitrage is difficult to implement in the mutual fund market. This article proposes legal reform to our system of mutual fund regulation that responds to the problem of high-cost funds by providing the investors who are making the most substantial mistakes with salient and transparent market information about the existence of superior investment alternatives. We first consider ways that regulation could be reformed to facilitate what we call “short redemption,” …
The Regulation Of Sentencing Decisions: Why Information Disclosure Is Not Sufficient, And What To Do About It, W. C. Bunting
The Regulation Of Sentencing Decisions: Why Information Disclosure Is Not Sufficient, And What To Do About It, W. C. Bunting
W. C. Bunting
ABSTRACT: This Article identifies a number of problems, both in practice and in theory, in what is denoted here as the “information disclosure model of sentencing regulation.” While the disclosure model places a lack of information at the heart of the problem of inefficient sentencing policy, the present article explains how the problem is better understood, not as informational, but incentives-based. A statutory appropriation requirement is described that seeks to correct an explained incentive to engage in myopic legislative decision-making; specifically, a one-year appropriation is required from a general budget fund into a statutorily-created special reserve fund for any proposed …
Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.
Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.
Lance E Wyatt Jr.
Determining damages are an integral stage in the patent litigation process. Since 1970, reasonable royalty damages have been calculated using the factors set forth in the seminal decision, Georgia-Pacific Corp. v. United States Plywood Corp. However, these factors are prone to manipulation and abuse by damages experts. Using a solution to a two-person bargaining situation developed by John Nash, Jr. in 1950, damages experts have utilized the Nash Bargaining Solution as a method to calculate reasonable royalty damages in patent infringement cases. Since its introduction in patent infringement cases, courts have been reluctant to admit the use of the NBS …