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Full-Text Articles in Law

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears Dec 2015

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears

David C. Brown

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …


Judgment, Philippe Nonet Dec 2015

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.


The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan Dec 2015

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan

Robert Kagan

No abstract provided.


Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley Lubman Dec 2015

Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley Lubman

Stanley Lubman

No abstract provided.


Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman Dec 2015

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman

Stanley Lubman

No abstract provided.


Cocaine, Race, And Equal Protection, David Sklansky Dec 2015

Cocaine, Race, And Equal Protection, David Sklansky

David A Sklansky

No abstract provided.


Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter Dec 2015

Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter

Jan Vetter

No abstract provided.


The European Court Of Justice: Of Institutions And Democracy, Martin Shapiro Dec 2015

The European Court Of Justice: Of Institutions And Democracy, Martin Shapiro

Martin Shapiro

No abstract provided.


Do You Sincerely Want To Be Radical, Phillip Johnson Dec 2015

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.


What Is Positive Law, Philippe Nonet Dec 2015

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.


The Law And Economics Of Reverse Engineering, Pamela Samuelson, Suzanne Scotchmer Dec 2015

The Law And Economics Of Reverse Engineering, Pamela Samuelson, Suzanne Scotchmer

Suzanne Scotchmer

No abstract provided.


The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift Dec 2015

The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift

Eleanor Swift

No abstract provided.


The Fourth Amendment And Common Law, David Sklansky Dec 2015

The Fourth Amendment And Common Law, David Sklansky

David A Sklansky

No abstract provided.


Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss Drass, Peter Gregware, Michael Musheno Dec 2015

Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss Drass, Peter Gregware, Michael Musheno

Michael Musheno

The article looks at how social and cultural factors shape judicial decisions, with respect to the AIDS epidemic in the United States, with reference to the early years of the epidemic from 1983-1989. The temporal analysis of the opinions of AIDS related cases suggests the emergence of more than one AIDS case congregation, by the end of the 1980s among reported cases. The initial construction of AIDS as a gay disease mobilized gay activists, including gay rights litigators who saw up close the problems that White gay people with AIDS faced in the workplace, housing, and health care. The activists …


On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen Dec 2015

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.


Student's Tribute To Fritz Kessler, A, John Mcnulty Dec 2015

Student's Tribute To Fritz Kessler, A, John Mcnulty

John K. McNulty

No abstract provided.


Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno Dec 2015

Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno

Michael Musheno

Focuses on extreme cases in which people with HIV (PWAs) win HIV-related disputes. Socio-legal explanation of how PWAs managed to win claims against insurance companies, government agencies and other institutional plaintiffs; Judicial preoccupation with PWAs as carriers of contagion; Shifting epidemiology of HIV in the United States.


The Return Of The Christian Burial Speech Case, Phillip Johnson Dec 2015

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.


Forming Families By Law - Adoption In America Today, Joan Hollinger, Naomi Cahn Dec 2015

Forming Families By Law - Adoption In America Today, Joan Hollinger, Naomi Cahn

Joan Hollinger

The article focuses on the laws related to adoption in the U.S. It is stated that there is a long history in the U.S. of some children being raised by adults other than their biological parents, but legal recognition of these families was not generally available until states began enacting formal adoption laws in the mid-nineteenth century. By legitimizing a parent-child relationship between biogenetic strangers, adoption strikes some skeptics.


Special Masters In Complex Cases: Extending The Judiciary Or Reshaping Adjudication, Wayne Brazil Dec 2015

Special Masters In Complex Cases: Extending The Judiciary Or Reshaping Adjudication, Wayne Brazil

Wayne Brazil

No abstract provided.


The Play(Fulness) Of Law, Nicole Rogers Dec 2015

The Play(Fulness) Of Law, Nicole Rogers

Dr Nicole Rogers

In this thesis, I undertake an investigation into the relationship between play, playfulness and law. Law relies on a certain form of play, rule-bound orderly play; this is demonstrated, for example, in the ceremony of the trial. Furthermore, underpinning every legal system, we find a different form of play: the spontaneous and disruptive performances of revolutionary violence which found every state.

Play can be, in fact, an unpredictable force. Play can disrupt or derail the structured performances of law; play can deflect the violence of the state. I am interested in the dramatic possibilities of using subversive play, or playfulness, …


The Use Of Open Terms In Contract, Mark P. Gergen Nov 2015

The Use Of Open Terms In Contract, Mark P. Gergen

Mark P. Gergen

No abstract provided.


India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia Nov 2015

India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia

Sonia Baldia

No abstract provided.


The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova Nov 2015

The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova

Venera Konussova

Kazakhstan has recently been taking steps to a new wave of modernization in order to enter 30 the most developed countries of the world. Such ambitious goal requires not only fast and effective development of all spheres of the economy but also significant improvement of legislation. Revision of legislation in the field of arbitration seeks a twofold goal; to create favorable conditions for the civil rights protection, and to improve the investment climate in particular. In order to obtain this goal, the Draft Law on Arbitration largely reconsidered existing legislation by incorporating progressive regulations, which help to overcome long lasting …


The Five Days In June When Values Died In American Law, Bruce Ledewitz Oct 2015

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Bruce Ledewitz

There was a particular five day period when one could see that values had died in American law. Those five days were June 24 to June 29, 1992. During those five days, the United States Supreme Court decided Lee v. Weisman and Planned Parenthood v. Casey. Every Justice on the Court joined either Justice Anthony Kennedy’s majority opinion in Lee or Justice Antonin Scalia’s dissent in Casey. In these two opinions, all of the Justices ultimately agreed that normative judgments are just human constructions. Future Justices of the Supreme Court thereafter abdicated authority to set objective standards over a wide …


The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett Oct 2015

The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett

John Ehrett

I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.


Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Oct 2015

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.


Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry Oct 2015

Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry

Laurel S. Terry

As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page. Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014) The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal …


Cuba: Open For Business, But Media Beware, Jodi Benassi Oct 2015

Cuba: Open For Business, But Media Beware, Jodi Benassi

Jodi Benassi

No abstract provided.


Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud Oct 2015

Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud

François Tanguay-Renaud

Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.

Respondent: Wil Waluchow, McMaster University.