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Articles 1 - 30 of 43
Full-Text Articles in Law
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Warranting Rightful Claims, Karen E. Sandrik
Warranting Rightful Claims, Karen E. Sandrik
Louisiana Law Review
No abstract provided.
Just Do It! Specific Rulemaking On Materiality Guidance In Insider Trading, Joan Macleod Hemingway
Just Do It! Specific Rulemaking On Materiality Guidance In Insider Trading, Joan Macleod Hemingway
Louisiana Law Review
No abstract provided.
Addressing The Tension Between Directors' Duties And Shareholder Rights - A Tale Of Two Regimes, Sean Vanderpol, Edward J. Waitzer
Addressing The Tension Between Directors' Duties And Shareholder Rights - A Tale Of Two Regimes, Sean Vanderpol, Edward J. Waitzer
Osgoode Hall Law Journal
There is a basic tension inherent in the regulation of corporations between the role to be played by boards and that to be played by shareholders. Boards have the statutory responsibility to manage the business and affairs of the corporation, and owe an express duty to act in the best interests of the corporation. Shareholders, however, are the ultimate ‘owners’ of the corporation, and have the ability to elect and remove directors. Canadian courts and securities regulators have long struggled with this tension in determining the roles to be played by each in transactions that pose the potential for conflicts …
National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg
National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
Indiana Law Journal
No abstract provided.
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Osgoode Hall Law Journal
Beginning with a close look at a recent call by the Supreme Court of India to undo the historical injustices done to the "original inhabitants" of the country, this paper examines similar calls for justice made by Jaipal Singh Munda, the most vocal representative of Adivasis in the Constituent Assembly of India between December 1946 and January 1950, when both the possibilities and limitations of addressing past injustices were being written into the Constitution of India. While drawing attention to debates and disagreements over righting certain past wrongs that remain largely absent from historical accounts of the Constitution's drafting, this …
Climate Change: Government, Private Property, And Individual Action, Paul Babie
Climate Change: Government, Private Property, And Individual Action, Paul Babie
Sustainable Development Law & Policy
No abstract provided.
Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Takings By Regulation: How Should Courts Weigh The Balancing Factors, David Crump
Takings By Regulation: How Should Courts Weigh The Balancing Factors, David Crump
Santa Clara Law Review
No abstract provided.
Chinese Patents As Copyrights, Benjamin Piwei Liu
Chinese Patents As Copyrights, Benjamin Piwei Liu
Campbell Law Review
Although harmonization efforts such as the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Corporation Treaty regime have brought national patent systems closer, differences among them remain a continuing challenge to innovators in an interconnected global marketplace. The recent development of the Chinese patent system is of particular interest because China is the factory of the world, the most populous market, the home of the patent office that handles the most patent application filings, and the number one source of imports that violate intellectual property rights (IPR). Its patent system affects every company whose supply …
Chamber Of Commerce Of The United States V. Whiting: Giving The Green Light To States' Broad Use Of Immigration-Related Employer Sanctions, Bianca B. Garcia
Chamber Of Commerce Of The United States V. Whiting: Giving The Green Light To States' Broad Use Of Immigration-Related Employer Sanctions, Bianca B. Garcia
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Rabid Redux: The Second Wave Of Abusive Icsid Annulments, Paul Friedland, Paul Brumpton
Rabid Redux: The Second Wave Of Abusive Icsid Annulments, Paul Friedland, Paul Brumpton
American University International Law Review
No abstract provided.
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Indiana Journal of Global Legal Studies
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Indiana Journal of Global Legal Studies
This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …
Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman
Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman
Indiana Journal of Global Legal Studies
Cross-border marriages and other forms of family reunification dominate officially recognized migratory flows around the world today, and they offer the most widely recognized path to naturalized citizenship in destination countries. At the same time, however, transnational marriages may also rest on shaky foundations precisely because immigrant spouses depend on their citizen partner for legal status. When marriages fail due to domestic violence, they expose the incompatibility of different legal domains organized around domestic violence prevention and immigration regulation. This Article examines the legal conflicts that emerged in response to a recent case in Taiwan involving an immigrant wife from …
Voluntary Acknowledgements Of Parentage For Same-Sex Couples, Leslie Joan Harris
Voluntary Acknowledgements Of Parentage For Same-Sex Couples, Leslie Joan Harris
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Failing To Address Sexual And Domestic Violence At Work: The Case Of Migrant Farmworker Women, Robin R. Runge
Failing To Address Sexual And Domestic Violence At Work: The Case Of Migrant Farmworker Women, Robin R. Runge
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Trojan Horse Or Much Ado About Nothing - Analyzing The Religious Exemptions In New York's Marriage Equality Act, David Wexelblat
Trojan Horse Or Much Ado About Nothing - Analyzing The Religious Exemptions In New York's Marriage Equality Act, David Wexelblat
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Voiding Motherhood: North Carolina's Shortsighted Treatment Of Subject Matter Jurisdiction In Boseman V. Jarrell, Susanna Birdsong
Voiding Motherhood: North Carolina's Shortsighted Treatment Of Subject Matter Jurisdiction In Boseman V. Jarrell, Susanna Birdsong
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein
Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein
American University International Law Review
No abstract provided.
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
American University International Law Review
No abstract provided.
Implementing The Children's Rights Agenda In Kenya: Taking Stock Of The Progress, Hurdles And Prospects, James Forole Jarso
Implementing The Children's Rights Agenda In Kenya: Taking Stock Of The Progress, Hurdles And Prospects, James Forole Jarso
American University International Law Review
No abstract provided.
The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala
American University International Law Review
No abstract provided.
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
American University International Law Review
No abstract provided.
Lawyering As Peacemaking, Angela P. Harris
Lawyering As Peacemaking, Angela P. Harris
Villanova Law Review
A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Jeffrey S. Moorad Sports Law Journal
The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
Jeffrey S. Moorad Sports Law Journal
The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.