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Full-Text Articles in Law

Duplicative Foreign Litigation, Austen L. Parrish Mar 2009

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 Jan 2009

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 Jun 2008

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. Jan 2008

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 Jan 2008

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 Jan 2008

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 Oct 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Mar 2005

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 Jan 2003

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 Jan 2003

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 Nov 2002

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 Jan 2002

Lady Lawyers: Not An Oxymoron, Judith Maute

Judith L. Maute

No abstract provided.


Writings Concerning Women In The Legal Profession, 1982-2002 (Bibliography), Judith Maute Jan 2002

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 1995

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 Jan 1993

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 Jan 1992

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 Jan 1991

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 Jan 1990

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 Jan 1987

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 Jan 1984

Allocation Of Decisionmaking Authority Under The Model Rules Of Professional Conduct, Judith Maute

Judith L. Maute

No abstract provided.