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Articles 1 - 11 of 11
Full-Text Articles in Law
The Link Between Poverty And Violent Conflict, J. Brian Atwood
The Link Between Poverty And Violent Conflict, J. Brian Atwood
New England Journal of Public Policy
The threat to the international system from the many forms of violent conflict, terrorism being the most prominent among them, is greater today than it was at the end of the twentieth century. This escalation of global conflict has been attributed to the breakup of the Soviet State, increasing ethnic tensions, weak governance at both the nation-state and international levels, and the rise of religious extremism. Each of these factors contributes to instability and the social tensions that lead to violence. It will be posited here that there is also a significant link between poverty and violent conflict, one that …
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
Missouri Law Review
This Article will provide a brief review of the purpose and history of punitive damages. It will then examine the various reforms adopted by the states, with a particular focus on "split-recovery" laws that require punitive damages recoveries to be shared with the state or a state-specified fund. This Article explains that such laws may actually fuel, rather than curb, punitive damages awards. The Article also explains that these laws are ethically and constitutionally problematic. This Article concludes that states seeking to reform their punitive damages laws would be better served by (1) adopting a heightened burden of proof and …
Who Killed Managed Care? A Policy Whodunit, Peter D. Jacobson
Who Killed Managed Care? A Policy Whodunit, Peter D. Jacobson
Saint Louis University Law Journal
No abstract provided.
Fisheries And Oceans Governance In Australia And Canada: From Sectoral Management To Integration?, Marcus Haward, Rod Dobell, Anthony Charles, Elizabeth Foster
Fisheries And Oceans Governance In Australia And Canada: From Sectoral Management To Integration?, Marcus Haward, Rod Dobell, Anthony Charles, Elizabeth Foster
Dalhousie Law Journal
Australia and Canada have significant oceans domains, and concomitant responsibility for large maritime zones. Fisheries in both countries are important activities with capture fishing, aquaculture and associated processing being vital rural industries Australia and Canada both face major challenges affecting fisheries management. These challenges include managing multiple and at times conflicting uses and claims on ocean and marine resources, while also recognizing the complexity and profound uncertainty associated with those resources. In that context, and having regard to the different histories of Australia and Canada, this paper outlines the different strategies and emphases adopted recently by the two countries. These …
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Dalhousie Law Journal
In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
The Scholar: St. Mary's Law Review on Race and Social Justice
In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
Fordham Journal of Corporate & Financial Law
No abstract provided.
Taxonomies Of International Peacekeeping: An Alternative Narrative, Ralph Wilde
Taxonomies Of International Peacekeeping: An Alternative Narrative, Ralph Wilde
ILSA Journal of International & Comparative Law
The taxonomies of "peacekeeping" utilized within academic and policy discourse provide a framework for comparison across (usually United Nations -conducted) peace operations.
The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde
The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde
ILSA Journal of International & Comparative Law
The "failed state" concept, which came to prominence in academic and policy discourse in the early 1990's with the publication of David Helman and Steven Ratner's 1991 article Saving Failed States,' continues to enjoy widespread currency as a way of denoting situations where the governmental infrastructure in a state has broken down to a considerable degree.
Revisiting The United States Application Of Punitive Damages: Separating Myth From Reality, Patrick S. Ryan
Revisiting The United States Application Of Punitive Damages: Separating Myth From Reality, Patrick S. Ryan
ILSA Journal of International & Comparative Law
The application of punitive damages in the United States is widely misunderstood by European jurists.
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.