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2009

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Articles 1 - 30 of 90

Full-Text Articles in Law

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia Dec 2009

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Dec 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.


Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead Dec 2009

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Buffalo Law Review

No abstract provided.


Table Of Contents: In Memoriam, Annual Survey 2009 Nov 2009

Table Of Contents: In Memoriam, Annual Survey 2009

University of Richmond Law Review

No abstract provided.


Preface, Matthew R. Farley Nov 2009

Preface, Matthew R. Farley

University of Richmond Law Review

No abstract provided.


Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler Nov 2009

Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler

BYU Law Review

No abstract provided.


Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander Oct 2009

Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander

San Diego International Law Journal

Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....


Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke Oct 2009

Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke

San Diego International Law Journal

As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …


Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker Oct 2009

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.


An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler Oct 2009

An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler

San Diego International Law Journal

This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.


Judicial Declaration Of Public Policy, Ruggero J. Aldisert Oct 2009

Judicial Declaration Of Public Policy, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle Sep 2009

Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein Sep 2009

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Virtual Rule Of Law, Michael Risch Sep 2009

Virtual Rule Of Law, Michael Risch

West Virginia Law Review

No abstract provided.


Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr. Sep 2009

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.


Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz May 2009

Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz

University of Richmond Law Review

No abstract provided.


Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern May 2009

Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern

Michigan Law Review

The theory that one's home is a psychologically special form of property has become a cherished principle of property law, cited by legislators and touted extensively in the legal scholarship. Influential scholars, most notably Margaret Radin, have asserted that ongoing control over one's home is necessary for an individual's very personhood and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Remarkably, the legal academy has accepted these theoretical accounts of the home without demanding a shred of empirical evidence. The misplaced belief in the …


Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine Apr 2009

Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine

Buffalo Law Review

No abstract provided.


Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud Apr 2009

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

North Carolina Central Law Review

No abstract provided.


Thinking With Culture In Law And Development, Amy J. Cohen Apr 2009

Thinking With Culture In Law And Development, Amy J. Cohen

Buffalo Law Review

No abstract provided.


Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette Mar 2009

Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette

San Diego International Law Journal

According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …


If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio Mar 2009

If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Property And Relative Status, Nestor M. Davidson Mar 2009

Property And Relative Status, Nestor M. Davidson

Michigan Law Review

Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signalingf unction of property-withp roperty serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …


Overcoming Cultures Of Compliance To Reduce Corruption And Achieve Ethics In Government, James M. Lager Jan 2009

Overcoming Cultures Of Compliance To Reduce Corruption And Achieve Ethics In Government, James M. Lager

McGeorge Law Review

No abstract provided.


Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison Jan 2009

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.


The Gay Agenda, Libby Adler Jan 2009

The Gay Agenda, Libby Adler

Michigan Journal of Gender & Law

This Article is designed to illuminate options that the author believes have been difficult for advocates of gay rights to imagine due to an incessant culture war and the hard work of anti-gay forces that have kept pro-gay advocates under persistent fire. The culture war, this paper argues, while a fundraising boon and a media draw, compels a particular type of participation and a particular reform agenda, eclipsing reform possibilities that might be preferable in the long run.


Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull Jan 2009

Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Michigan Journal of Gender & Law

In the last three and a half decades, the legal profession has undergone a dramatic transformation in the gender composition of its members. During that time, the number of women applying to law school and entering the profession has gone from a few gallant pioneers to roughly equal representation with that of men. Between 1970 and 2000, the proportion of first-year law students who were female climbed from 8% to 49%. Because the existing bar consisted primarily of male lawyers, the percent of women in the legal profession changed more slowly, but still rose dramatically. Women, as a percent of …


Letter From Executive Board, The Modern American Jan 2009

Letter From Executive Board, The Modern American

The Modern American

No abstract provided.


Volume 5, Issue 1, The Modern American Jan 2009

Volume 5, Issue 1, The Modern American

The Modern American

No abstract provided.


Movie Review: Vincent Who?, Yeon Me Kim Jan 2009

Movie Review: Vincent Who?, Yeon Me Kim

The Modern American

No abstract provided.