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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
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
Post-Conflict Reconstruction, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Of Breaches Of The Peace, Home Invasions, And Securities Fraud, A. Christine Hurt
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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)
Search Warrants - What Makes Up Curtilage?, Cal Leipold
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
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
Collection Procedures In Georgia, Andy Adams
Law Library Student-Authored Works
No abstract provided.
Packin' Heat: Firearms Law In Georgia, Clint Barbour
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
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
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
The Case Against The California Tribal Casino Compact Amendments, Peter Dreier
UEP Faculty & UEPI Staff Scholarship
No abstract provided.