Law Commons^™

El Pago Indebido, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim

Young K Kim

The Asia Pacific region is characterized by a number of features which give prominence and unique significance in relation with the marine environment issues. As a result of rapid growth in population, economy, and political maturity, marine environment protection and resource management have emerged as a vital task for the individual nations, as well as the Asia Pacific region as a whole. The concerned riparian States of the Northeast Asian Seas have been fully aware of the immediate relevance of the target conception, "the sustainable development" for their economic development and environment policy. Since 1992 Rio UNCED, they have endeavored …

The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

Malla Pollack

Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …

Los Grupos De Empresas En El Perú, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Rights And Obligations Of Third Parties, Aristides N. Hatzis

Aristides N. Hatzis

Three different issues, related to third party involvement in a contractual relationship, are examined. The first two (assignment of contractual rights/delegation of contractual duties and third-party beneficiary contracts) are examined in a unified way. After pointing to the striking similarity between beneficiary and assignment contracts, we discuss the non-simultaneous assent argument, the danger of creating open classes of beneficiaries without the intention of the contracting parties, and other problems. In a second part, we deal with the controversial issue of efficient breach due to inducement by a third party. After reviewing the literature, we briefly consider the use of liquidated …

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Los Grupos De Empresas En La Legislación Peruana, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Setting Arbitrators’ Fees: An International Survey, John Y. Gotanda

John Y Gotanda

No abstract provided.

The Constitutional Implications Of Race-Neutral Affirmative Action, Kim Forde-Mazrui

Kim Forde-Mazrui

This paper explores the constitutional implications of race-neutral affirmative action, i.e., governmental efforts to pursue affirmative action goals, such as remedying discrimination and promoting diversity, through non-racial means. For example, to increase minority enrollment, some public universities give weight in the admission process to economic background. This paper suggests that such "race-neutral" policies may be just as unconstitutional as racial preferences if they are motivated by arguably discriminatory (against whites) purposes. I then present two doctrinal defenses of race-neutral affirmative action. First, assuming that strict scrutiny would apply to such policies, I argue that remedying discrimination, even so-called "societal discrimination," …

Entrenched Police Subculture Is At Root Of Police Brutality And Bias Cases, Christopher C. Cooper

Christopher C. Cooper Dr.

POLICE SUBCULTURE IS AT ROOT OF POLICE BRUTALITY AND BIAS CASES. THE VIDEO TAPED BEATING OF THOMAS JONES BY PHILADELPHIA POLICE.

El Maestro Universitario, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Access To Justice In India: Exploring Grassroots Perspectives, Maurya Vijay Chandra

Maurya Vijay Chandra

Measurement of access to justice has acquired increased significance in South Asia, especially as many national initiatives on access to justice are being funded by international agencies. However, the perspectives of the people at the grassroots nave not sufficiently been explored in either conceptualising access to justice or developing indicators for measuring it. It was with the hope that discussion of these issues mignt provide a fresh insight into measuring access to justice that I conducted 18 focus-group discussions in six towns and cities in India.

La Cogestión Empresarial, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En el curso de una investigación, tropezamos con un reciente estudio de Nueva Zelanda denominado La economía del conocimiento , con un capítulo inicial cuyo título, por razones obvias, nos llamó la atención: "Venciendo la enfermedad argentina".

What Happened And What To Do? (Concerning The Cyanide Pollution Of Szamos And Tisza Rivers), Milan Meszaros

Milan Meszaros physicist

Joining the EU demands rapid changes and revolutionary transformation in Hungary. We have to mention a Theorem :(Alvin Toffler): Rapid changes and revolutionary transformations are accompanied by crises and instability.

Because crises and instability is no one's interest, it is necessary to think and act efficiently together in order to minimise the (economic) burdens on the country. Joining the EU and innovation are two sides of a coin, international and national projections of the same process. On the national side innovation minimises the burdens. The innovation means that the environment protection must be moved from cost/expenditure side to income/source side. …

Electricity Restructuring: The Ontario Experience, Ronald Daniels, Michael Trebilcock

Ronald J. Daniels

No abstract provided.

After Mccutcheon: The Science Is Settled, Seth Barrett Tillman

Seth Barrett Tillman

After McCutcheon: The Science is Settled.

[March 20, 2014]

المهندس الاستشاري وفقا لقواعد عقد الفيديك لمقاولات أعمال الهندسة المدنية: مركزه القانوني و مسئوليته المدنية - عرض ملخص لرسالة ماجستير, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Using Bioethics Discourse To Determine When Parents Should Make Health Care Decisions For Their Children: Is Deference Justified?, Jennifer Rosato

Jennifer Rosato

No abstract provided.

The Role Of Letters Of Credit In Payment Transactions, Ronald Mann

Ronald Mann

Uses a dataset of letter of credit transactions to document the high rate of discrepancies in letter of credit transactions and explores explanations for why businesses would use letters of credit and yet not submit drafts that comply.

Kelsen : Un Régard Critique, Eric A. Engle

Eric A. Engle

La pensee du Kelsen souffre des contradictions internes a cause d'une ontologie materialiste et une epistemologies relativiste. L'article les expose.

A Critical Approach To The Kuwaiti Law Of Judicial Arbitration No. 11 Of 1995: With Reference To The Uncitral Model Law On International Commercial Arbitration, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Armonizacion De La Propiedad Industrial En El Mercosur, Gabriel Martinez Medrano, Gabriela Soucasse

Gabriel Martinez Medrano

No abstract provided.

Gestión Empresarial En El Colegio, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Avoiding Malpractice Traps In Noncash Charitable Contributions, Francine J. Lipman

Francine J. Lipman

Substance usually rules over form, but form is a very necessary and critical component of any tax practice. This maxim is especially true when taxpayers claim tax deductions for the FMV of their noncash charitable contributions. As the recent Tax Court decision in Hewitt v. Commissioner, 109 T.C. 258 (1997), and that decision's subsequent affirmation, 166 F.3d 332, 98-2 U.S.T.C. (CCH) P50,880 (4th Cir. 1998), demonstrate, taxpayers must follow very detailed and technical rules to substantiate deductions for charitable contributions of property. The Internal Revenue Service and the courts have confirmed that unless taxpayers (and their tax attorneys) follow the …

Response: The Values Of Legal Archaeology, Judith Maute

Judith L. Maute

No abstract provided.

Selecting Justice In State Courts: The Ballot Box Or The Backroom?, Judith Maute

Judith L. Maute

No abstract provided.

Pro Bono Publico In Oklahoma: Time For Change, Judith Maute

Judith L. Maute

No abstract provided.

Kahn's Reign And Its Metaphors For Law -- A Critique In The Philosophy Of Legal Culture, Alani Golanski

Alani Golanski

This essay analyzes the three main metaphors through which Professor Paul Kahn, Yale Law, constructs both a substantive picture of law's appearance and his methodological thesis that nonlegal sources need not, and should not, be explored in explaining the rule of law. These metaphors are (1) law as language, (2) law as religion, and (3) law as "legal" artifact. This essay argues that (1) and (2) are acceptable metaphors, but that Kahn's treatment is imprecise, and the metaphors work better if handled differently. Regarding (3), the limitations Kahn imposes are untenable.