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Articles 31 - 60 of 131
Full-Text Articles in Law
Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag
Sean Rehaag
This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …
Law And Feminism: Foreword, Mary Jane Mossman
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Shelley A. M. Gavigan
There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Hayekian Statutory Interpretation: A Response To Professor Bhatia, John Ehrett
Hayekian Statutory Interpretation: A Response To Professor Bhatia, John Ehrett
John Ehrett
In this Essay, I challenge Professor Gautam Bhatia’s recent claim that a Hayekian worldview offers the most rational framing of the philosophical vision underlying Justice Scalia’s jurisprudence. I argue that Hayek’s conception of law, more properly understood, emphasizes the context of social interaction patterns, rather than focusing exclusively on individual autonomous agents. I subsequently trace the resulting implications for interpretive methodology that flow from this distinction, and ultimately address the discontinuities between the normative visions of liberty espoused by Hayek and Scalia.
The Future Of Governmental Ethics: Law And Morality, Jon L. Mills
The Future Of Governmental Ethics: Law And Morality, Jon L. Mills
Jon L. Mills
Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.
Law: A Strategic Tool For Social Engineering, Oluwaseun Ojo
Law: A Strategic Tool For Social Engineering, Oluwaseun Ojo
Oluwaseun Viyon Ojo
The crux of this paper is to examine and accentuate on the fact that the law is a strategic and procedural tool for the engineering and orchestration of the society to meet its various ends.
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Nancy Dowd
Law inevitably is involved in the resolution of cultural conflicts. Nonintervention acts as powerfully as intervention; in either case, law is a powerful actor in its role as a part of cultural dialogue, as well as in its role as a coercive force. Law is never neutral in my view. If it “stays out” of a situation, then it is complicit in the status quo or in permitting the conflict to be resolved without legal intervention, which may weight the outcome in a particular direction. If law “comes in,” it similarly “sides” with a particular position because, in part, our …
Cultural Critique And Legal Change, Charles W. Collier
Cultural Critique And Legal Change, Charles W. Collier
Charles W. Collier
No abstract provided.
Freedom, Legality, And The Rule Of Law, John A. Bruegger
Freedom, Legality, And The Rule Of Law, John A. Bruegger
John A Bruegger
There are numerous interactions between the rule of law and the concept of freedom, looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promote freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law – this is freedom under the law. Coercive laws can actually promote negative liberty up to pulling people out of a Hobbesian state of nature, and then thereafter can …
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Analysis Of The Scope Of Copyright Protection For Application Programs, An, Peter S. Menell
Analysis Of The Scope Of Copyright Protection For Application Programs, An, Peter S. Menell
Peter Menell
No abstract provided.
Bankruptcy Treatment Of Intellectual Property Assets: An Economic Analysis, Peter S. Menell
Bankruptcy Treatment Of Intellectual Property Assets: An Economic Analysis, Peter S. Menell
Peter Menell
No abstract provided.
Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv
Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv
Charles E. A. Lincoln IV
This Article uses the dialectical ideas of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) in application to the progression of United States voting laws since the founding. This analysis can be used to interpret past progression of voting rights in the US as well as a provoking way to predict the future trends in US voting rights. First, Hegel’s dialectical method is established as a major premise. Second, the general accepted history of United States voting laws from the 1770s to the current day is laid out as a minor premise. Third, the major premise of Hegel’s dialectical method weaves …
Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.
Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.
Valencia T Johnson
Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …
Explaining Law: Macrosociological Theory And Empirical Evidence, Larry Barnett
Explaining Law: Macrosociological Theory And Empirical Evidence, Larry Barnett
Larry D Barnett
No abstract provided.
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
David Lieberman
No abstract provided.
Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson
Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson
Calvin Morrill
Everyday legal discount refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule-and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the …
Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys
Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys
Cindy G. Buys
The U.S. Senate often adds various types of conditions, also known as reservations, understandings, and declarations, to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty because it allows States to modify their treaty obligations to address domestic concerns. However, the use of conditions also has the potential to undermine the integrity of the treaty by allowing States to opt out of important legal obligations and to create legal uncertainty regarding treaty obligations and relationships. This article examines U.S. treaty practice with respect …
The Dumping Dragon: Analysing China's Evolving Anti-Dumping Behaviour, Umair H. Ghori
The Dumping Dragon: Analysing China's Evolving Anti-Dumping Behaviour, Umair H. Ghori
Umair H. Ghori
China is a major target for anti-dumping measures by both developed and developing countries. Its rapid industrial transition to higher value-added sectors brings it in direct conflict with the US and the EU. Anti-dumping measures have consistently been employed by the US and the EU to protect their domestic markets from encroaching Chinese exports. In the initial few years of joining the WTO, China rarely initiated any complaint in the WTO Dispute Settlement Mechanism (DSM), while facing several complaints itself. This approach has now evolved. China appears to have acquired the knowledge and capacity to access the WTO DSM for …
News Media As Mediators, Carol Pauli
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Andrew P. Morriss
The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Andrew P. Morriss
The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Darren O'Donovan
Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …
Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan
Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan
Deepa Varadarajan
Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's acceptance …
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Deepa Varadarajan
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
Deepa Varadarajan
This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Brenda Marshall
This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …
When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof
When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof
Mark G Yudof
No abstract provided.