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Articles 31 - 56 of 56
Full-Text Articles in Law
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Austen L. Parrish
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of an-other country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings – and the waste inherent in such duplication – becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents. The federal courts, however, do not yet have a coherent response to the problem. They apply …
Us Attacks Inside Pakistan Territory: An Insight On International Law And Use Of Force, Ahmad Ali Ghouri
Us Attacks Inside Pakistan Territory: An Insight On International Law And Use Of Force, Ahmad Ali Ghouri
Ahmad Ali Ghouri
Post September 11, 2001 era gave new dimensions to the use of force under international law. New interpretations of the doctrine of self-defence emerged alongside the invention of the doctrine of pre-emptive strike devising legitimacy for the use of force. Where there are increasing concerns of international community for fully reliable evidence, as opposed to assumptions and probabilities, which may provide basis for a pre-emptive military action, there is fundamental jurisprudential divide among international lawyers over the circumstances that may give a legitimate right to pre-emptive use of force. Although the issue of pre-emptive use of force is equally important …
Special Tribunal For Lebanon: Some Preliminary Reflections, Sridhar Patnaik Dabiru
Special Tribunal For Lebanon: Some Preliminary Reflections, Sridhar Patnaik Dabiru
Dabiru Sridhar Patnaik
No abstract provided.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Fiona David
This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Dave De ruysscher
In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.
Litigating Canada-U.S. Transboundary Harm, Austen L. Parrish, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm, Austen L. Parrish, Shi-Ling Hsu
Austen L. Parrish
This Article joins a spirited debate ongoing among international law scholars. Numerous articles have debated the changing nature of interna-tional law and relations: the impact of globalization, the decline of territorial-sovereignty, the ever important role that non-state actors play, and the growing use of domestic laws to solve transboundary problems. That scholarship, however, often speaks only in general theoretical terms, and has largely ignored how these changes are playing out in countries outside the United States in way that impact American interests. This Article picks up where that scholarship leaves off. It examines one of the perennial challenges for international …
The Regulation Of Xenotransplantation In The Uk After Ukxira: Legal And Ethical Issues’, Laura Williamson, Marie Fox, Sheila Mclean
The Regulation Of Xenotransplantation In The Uk After Ukxira: Legal And Ethical Issues’, Laura Williamson, Marie Fox, Sheila Mclean
Dr Laura Williamson
Xenotransplantation - the transfer of living tissue between species - has long been heralded as a potential solution to the severe organ shortage crisis experienced by the United Kingdom and other `developed' nations. However, the significant risks which accompany this biotechnology led the United Kingdom to adopt a cautious approach to its regulation, with the establishment of a non-departmental public body - UKXIRA - to oversee the development of this technology on a national basis. In December 2006 UKXIRA was quietly disbanded and replaced with revised guidance, which entrusts the regulation of xenotransplantation largely to research ethics committees. In this …
English Reforms To Judicial Selection: Comparative Lessons For American States?, Judith L. Maute
English Reforms To Judicial Selection: Comparative Lessons For American States?, Judith L. Maute
Judith L. Maute
No abstract provided.
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Fiona David
In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international …
Reflections On "Public Service In A Time Of Crisis", Judith Maute
Reflections On "Public Service In A Time Of Crisis", Judith Maute
Judith L. Maute
No abstract provided.
Delivery Systems Under Construction: Ongoing Works In Progress, Judith Maute, Cheryl Lynn Wofford Hill
Delivery Systems Under Construction: Ongoing Works In Progress, Judith Maute, Cheryl Lynn Wofford Hill
Judith L. Maute
No abstract provided.
La Firma Electrónica En El Ámbito De Los Notarios Y Los Registradores De La Propiedad, Anselmo M. Martinez Cañellas
La Firma Electrónica En El Ámbito De Los Notarios Y Los Registradores De La Propiedad, Anselmo M. Martinez Cañellas
Anselmo M. Martinez Cañellas Pr. Dr.
No abstract provided.
Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute
Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute
Judith L. Maute
No abstract provided.
Lady Lawyers: Not An Oxymoron, Judith Maute
Writings Concerning Women In The Legal Profession, 1982-2002 (Bibliography), Judith Maute
Writings Concerning Women In The Legal Profession, 1982-2002 (Bibliography), Judith Maute
Judith L. Maute
No abstract provided.
Response: The Values Of Legal Archaeology, Judith Maute
Response: The Values Of Legal Archaeology, Judith Maute
Judith L. Maute
No abstract provided.
Selecting Justice In State Courts: The Ballot Box Or The Backroom?, Judith Maute
Selecting Justice In State Courts: The Ballot Box Or The Backroom?, Judith Maute
Judith L. Maute
No abstract provided.
Pro Bono Publico In Oklahoma: Time For Change, Judith Maute
Pro Bono Publico In Oklahoma: Time For Change, Judith Maute
Judith L. Maute
No abstract provided.
Peevyhouse V. Garland Coal & Mining Co. Revisited: The Ballad Of Willie And Lucille, Judith Maute
Peevyhouse V. Garland Coal & Mining Co. Revisited: The Ballad Of Willie And Lucille, Judith Maute
Judith L. Maute
No abstract provided.
Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute
Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute
Judith L. Maute
No abstract provided.
Balanced Lives In A Stressful Profession: An Impossible Dream?, Judith Maute
Balanced Lives In A Stressful Profession: An Impossible Dream?, Judith Maute
Judith L. Maute
No abstract provided.
Public Values And Private Justice: A Case For Mediator Accountability, Judith Maute
Public Values And Private Justice: A Case For Mediator Accountability, Judith Maute
Judith L. Maute
No abstract provided.
Mediator Accountability: Responding To Fairness Concerns, Judith Maute
Mediator Accountability: Responding To Fairness Concerns, Judith Maute
Judith L. Maute
No abstract provided.
Sporting Theory Of Justice: Taming Adversary Zeal With Logical Sanctions Doctrine, Judith Maute
Sporting Theory Of Justice: Taming Adversary Zeal With Logical Sanctions Doctrine, Judith Maute
Judith L. Maute
No abstract provided.
Allocation Of Decisionmaking Authority Under The Model Rules Of Professional Conduct, Judith Maute
Allocation Of Decisionmaking Authority Under The Model Rules Of Professional Conduct, Judith Maute
Judith L. Maute
No abstract provided.