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2007

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Institution
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Articles 1 - 30 of 4640

Full-Text Articles in Law

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen Dec 2007

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Faculty Scholarship

The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing ...


Post-Conflict Reconstruction, Eric Talbot Jensen Dec 2007

Post-Conflict Reconstruction, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.


Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt Dec 2007

Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt Dec 2007

The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen Dec 2007

The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government ...


Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen Dec 2007

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas


Summary Of Johanson Vs. Dist. Ct., 123 Nev. Adv. Op. No. 58, Jamie Zimmerman Dec 2007

Summary Of Johanson Vs. Dist. Ct., 123 Nev. Adv. Op. No. 58, Jamie Zimmerman

Nevada Supreme Court Summaries

Petitioner requested writ of mandamus to vacate a district court order sealing divorce proceedings and issuing a gag order restricting all communication regarding the case.


Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess Dec 2007

Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess

Nevada Supreme Court Summaries

Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.


Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch Dec 2007

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch

Nevada Supreme Court Summaries

This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.


Summary Of Asap Storage, Inc. V. City Of Sparks, 123 Nev. Adv. Op. No. 61, Tyler James Watson Dec 2007

Summary Of Asap Storage, Inc. V. City Of Sparks, 123 Nev. Adv. Op. No. 61, Tyler James Watson

Nevada Supreme Court Summaries

No abstract provided.


The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné Dec 2007

The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné

Cornell Law Faculty Working Papers

These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals ...


Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo Dec 2007

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction’s law at a particular point in time; in reality, however, many lawyers aren’t able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don’t necessarily use ...


Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese Dec 2007

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese

Faculty Scholarship at Penn Law

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues ...


Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher Dec 2007

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).


Advance Trade Discounts: A Reprise, Deborah A. Geier Dec 2007

Advance Trade Discounts: A Reprise, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah A. Geier, in a response to a recent article by Robert Willens on advance trade discounts, discusses the differences between the courts' analyses and some academics' approaches to measuring the income tax base properly.


2007 Winter Commencement Law, Nova Southeastern University Dec 2007

2007 Winter Commencement Law, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is “Best”? (Part Ii), Victor B. Flatt

NULR Online

No abstract provided.


Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual Dec 2007

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2007), Michelle Rigual

Faculty Scholarship

This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources. Also presented in Albuquerque, New Mexico, December 13, 2007.


The Man Behind The Torture, David Cole Dec 2007

The Man Behind The Torture, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer Dec 2007

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer

Faculty Scholarship at Penn Law

In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned ...


Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School Dec 2007

Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School

Res Gestae

•Christopher Jeffries Speaks at Law School •Internet Policy Perishes •Same-Sex Benefits On Trial •Brown Bag Lunches •Stress Busters •Exam Tips •Pre- Mr. Wolverine


Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt Dec 2007

Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt

NULR Online

No abstract provided.


Vol. 33, No. 13 (December 3, 2007) Dec 2007

Vol. 33, No. 13 (December 3, 2007)

Indiana Law Annotated

No abstract provided.


Search Warrants - What Makes Up Curtilage?, Cal Leipold Dec 2007

Search Warrants - What Makes Up Curtilage?, Cal Leipold

Law Library Student-Authored Works

No abstract provided.


Searches Of Students In The Name Of School Safety, Mitchell Freehauf Dec 2007

Searches Of Students In The Name Of School Safety, Mitchell Freehauf

Law Library Student-Authored Works

No abstract provided.


Collection Procedures In Georgia, Andy Adams Dec 2007

Collection Procedures In Georgia, Andy Adams

Law Library Student-Authored Works

No abstract provided.


Packin' Heat: Firearms Law In Georgia, Clint Barbour Dec 2007

Packin' Heat: Firearms Law In Georgia, Clint Barbour

Law Library Student-Authored Works

No abstract provided.


Proportionality And The Supreme Court's Jurisprudence Of Remedies, Tracy A. Thomas Dec 2007

Proportionality And The Supreme Court's Jurisprudence Of Remedies, Tracy A. Thomas

Akron Law Publications

The evolution of the Supreme Court’s remedial jurisprudence evinces a quest for the ultimate judicial measure of appropriate relief, emerging as a norm of remedial proportionality. The Court’s decisions since 2000 on punitive damages, injunctions, and remedial legislation, all mandate a strict balance and precise measurement in the formulation of civil remedies. These cases have often fallen below the radar of general interest or have been ignored for their remedial significance. However, these cases demonstrate, somewhat surprisingly, the manner in which the Court has ventured into the arena of common-law remedies to unexpectedly alter the foundational principles of ...


The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas Dec 2007

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas

Akron Law Publications

The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of ...


The Case Against The California Tribal Casino Compact Amendments, Peter Dreier Dec 2007

The Case Against The California Tribal Casino Compact Amendments, Peter Dreier

UEP Faculty & UEPI Staff Scholarship

No abstract provided.