Law Commons^™

Sofisma Y Realidad Del Paradigma Democrático Exterior Estadounidense, Ignacio De La Rasilla Del Moral

Ignacio de la Rasilla del Moral, Ph.D.

Tomando como punto de partida las principales asunciones del realismo político y de la teoría de la paz democrática este trabajo se propone arrojar cierta luz sobre las razones que se hallan tras el “paradigma exterior democrático estadounidense”. Con el objeto de discernir entre sofisma y realidad al respecto, el autor retraza la evolución del neo-wilsonianismo desde los años de la “doctrina Reagan” hasta la actual “Doctrina Bush”. Como resultado de este análisis, el mito del excepcionalismo estadounidense se verá confrontado a las frías realidades del equilibrio del poder, la guerra contra el terrorismo y otros factores de orden económico …

If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

Confronting Continuity: A Tradition Of Fiction In Corporate Reorganizations, Joshua D. Blank

Joshua D. Blank

No abstract provided.

Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe

John C Yoo

Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a purely functional or comparative institutional analysis of the relationship between Congress and the President on war powers. More specifically, we focus on the following question: Which war powers system would best enhance the effectiveness of the United States in making decisions on war and peace? Our answer draws on one of the few facts considered to be close …

Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes

Enid F. Trucios-Haynes

No abstract provided.

Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison

Jennifer Allison

This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.

Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey

Michael Hussey

Working For Free: It Ought To Be Against The (Tax) Law, Richard Winchester

Richard Winchester

Employment taxes account for an enormous share of federal tax receipts. And it is widely acknowledged that taxes on the self-employed are collected under a dysfunctional set of laws that is long overdue for repair. Yet, there is surprisingly little legal scholarship in the field. This article fills a portion of that gap. It examines some fundamental flaws that plague our nation’s employment tax laws, focusing on how President Bush’s dividend tax cut created an incentive for wealthy individuals to exploit those flaws at the government’s expense when they work for a corporation that they also own and control. Specifically, …

Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson

Stephen E Henderson

We are all aware of, and many commentators are critical of, the Supreme Court's third-party doctrine, under which information provided to third parties receives no Fourth Amendment protection. This constitutional void becomes increasingly important as technology and social norms dictate that increasing amounts of disparate information are available to third parties. But we are not solely dependent upon the Federal Constitution. We may have more constitutional protection as citizens of states, each of which has a constitutional cognate or analog to the Federal Fourth Amendment. As Justice Brennan urged in a famous 1977 article, those provisions should be interpreted to …

Creative Commons And The New Intermediaries, Michael W. Carroll

Michael W. Carroll

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

The Habitual Residence Condition In Irish Social Welfare Law, Mel Cousins

Mel Cousins

This article examines the recently introduced habitual residence clause in Irish social welfare law. Part 1 sets out the background to the significant change. Part 2 outlines the legislation. Part 3 discusses the meaning of the term "habitual residence" while Part 4 looks at possible issues under EU law, in particular Council Regulations 1408/71 and 1612/68.1 Part 5 considers the possible impact of other international legal instruments.

Bank Accounts And Payment Transactions - The Law Of Deposit Accounts Under Ucc Articles 3 And 4, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

Can A Buyer And Secured Party Rely On A Certificate Of Title? - Part One, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

Can A Buyer And Secured Party Rely On A Certificate Of Title? - Part Three: Tribal Cts, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

Prosecutorial Misconduct: Closing Argument In Oklahoma, Charles Cantrell

Charles Cantrell

No abstract provided.

Begging For Justice? Or, Adaptive Jurisprudence? Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

The Promise Of International Law, Andrew T. Guzman

Andrew T Guzman

In their recent book, The Limits of International Law, Professors Goldsmith and Posner throw down the gauntlet to scholars of international law. They advance a deeply pessimistic account of international law and its role in affecting state behavior -- alleging that customary international fails to act as “an exogenous influence on states’ behavior,” and expressing skepticism that multinational collective action problems can be solved by treaty. This review represents a response to the book’s claims. It is demonstrated that there is no theoretical reason to conclude that international law is ineffective, whether it addresses bilateral or multilateral problems and whether …

Competing For Capital: The Diffusion Of Bilateral Investment Treaties, 1960-2000, Andrew T. Guzman

Andrew T Guzman

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. The proliferation of BITs during the past two decades in particular has been phenomenal. These intergovernmental treaties typically grant extensive rights to foreign investors, including protection of contractual rights and the right to international arbitration in the event of an investment dispute. How can we explain the widespread adoption of BITs? We argue that the spread of BITs is driven by international competition among potential host countries—typically developing countries—for foreign direct investment. We propose …

Understanding Law And Religion As Culture: Making Room For Meaning In The Public Sphere, Benjamin L. Berger

Benjamin L. Berger

Brief Amici Curiae Of The National Association Of Criminal Defense Attorneys And The Federal And Community Defenders In The Ninth Circuit In Support Of Petition For Rehearing (With Co-Counsel), Anderson V. Terhune, 467 F.3d 1208 (9th Cir.) (2006), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

Participatory Budgeting In Canada: Democratic Innovations In Strategic Spaces, Estair Van Wagner, J. Lerner

Estair Van Wagner

No abstract provided.

Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of the commodification debate and the constraints unique to scientific and technological production, we explore ways in which the domain of accessible knowledge could be reconstituted. In our discussion of these strategies, we draw on previous work in which we analyzed (1) various substantive methods for curbing perceived encroachments on the public domain to see how each would fare if challenged under the TRIPS Agreement, and (2) the relationship between the dynamics of domestic legislative procedures …

Access To Information In The European Union: A Comparative Analysis Of Ec And Member State Legislation (Book Review), Darla W. Jackson

Darla W. Jackson

No abstract provided.

Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein

Adam Epstein

Book Review of Walter T. Champion's 2005 textbook.

The Adea And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into age issues in sports law and its relationship to the Age Discrimination in Employment Act of 1967 (ADEA), a federal law. There are a few published decisions involving the ADEA in the sports setting. However, there are some cases involving claims by coaches, support staff and administrators who allege they were terminated unlawfully based upon age discrimination. Part I presents a comprehensive overview of the ADEA including defenses to a claim of age discrimination. Part II offers relevant cases with regard to the ADEA and its evolution including the few …

The Business Judgment Rule: What You Thought You Knew, Paula J. Dalley

Paula J. Dalley

No abstract provided.

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

Has Congress Slimmed Down The Hogs?: A Look At The Bapca Approach To Pre-Bankruptcy Planning, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

Is It More Difficult To File For Bankruptcy? Consumer Provisions Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow

Matthew Parlow