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2010

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Full-Text Articles in Law

Federalizing Public Education, Thomas Kleven Jul 2015

Federalizing Public Education, Thomas Kleven

Thomas Kleven

This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various ...


Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg Sep 2012

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg

Niklas Selberg

Drawing on Jacques Rancière’s theorising of the political, this article analyses the disagreement on undocumented migrants in recent legislation in Sweden and within the European Union as well as in Swedish labour union practice. Both the consensus understanding of the issue of undocumented migrants and the materialisation of dissensus through the political activities of undocumented migrants are studied. The aims of the article are: firstly, to show that undocumented migrants in Sweden engage in a political struggle that is not recognised as such, to analyse the structure or conditions of possibility of this non-recognition, and finally, to analyse the ...


Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin Dec 2010

Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin

Law School Student Scholarship

No abstract provided.


Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick Dec 2010

Presidential Succession And Inability: Before And After The Twenty-Fifth Amendment, John D. Feerick

Fordham Law Review

The Framers of the Constitution did not spend a great deal of time on the succession provisions, but just enough to get the nation started. The Twenty-Fifth Amendment answered questions they left open in the area of presidential inability and gave further significance to the Vice Presidency, which had been adopted almost as an afterthought. As strong as the system of presidential succession may appear, complacency can easily set in, leading to an unwillingness to confront gaps and defects that reveal themselves along the way.

Several gaps in the area of presidential inability are triggered by the absence of any ...


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...


Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala Dec 2010

Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala

School of Law Faculty Publications

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities ...


Front Matter Dec 2010

Front Matter

City University of New York Law Review

No abstract provided.


Introduction To The Cuny Law Review Dec 2010

Introduction To The Cuny Law Review

City University of New York Law Review

No abstract provided.


A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman Dec 2010

A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman

City University of New York Law Review

Dean Michelle Anderson welcomed New York Court of Appeals Chief Judge Jonathan Lippman to the City University of New York School of Law on February 3, 2011 to discuss his vision of what fully-realized justice for poor people can look like in the state of New York. The Chief Judge was introduced, first, by CUNY Law Review Editor-in-Chief Natasha Lycia Ora Bannan who commended him for his commitment to fully-funded legal services. The Chief Judge was then introduced by Dean Michelle Anderson who lauded him for his leadership with the Launch Pad for Justice Program, and Professor Natalie Gomez-Velez who ...


Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade Dec 2010

Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade

City University of New York Law Review

A panel discussion with Rickke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, and Dean Spade. April 1, 2010


Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry Dec 2010

Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry

City University of New York Law Review

A panel discussion with Darius Charney, Jesus Gonzalez, David Kennedy, Noel Leader, and Robert Perry. September 29, 2010


Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main Dec 2010

Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main

City University of New York Law Review

The New York City Human Resources Administration has implemented a policy that has a punitive and disproportionate impact on poor families of color. The policy departs from the legislative mandate to support New York’s neediest and most at risk by arbitrarily excluding incarceration from the definition of “temporary absence,” as it applies to the Cash Assistance program. Aside from the discriminatory impact on poor children and families, the policy decision comes at a higher cost to New York taxpayers in the midst of a financial crisis. This Comment evaluates the legal flaws in the policy, the persons it targets ...


Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera Dec 2010

Hispanic National Bar Association Commission On The Status Of Latinas In The Legal Profession: Study On Latina Attorneys In The Public Interest Sector, Jill Lynch Cruz, Melinda S. Molina, Jenny Rivera

City University of New York Law Review

This Report was originally prepared for and published by the Hispanic National Bar Association.


Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan Dec 2010

Advocacy For Tenant And Community Empowerment: Reflections On My First Year In Practice, Shekar Krishnan

City University of New York Law Review

In May 2009, the landlord of a rent-stabilized building in Williamsburg, Brooklyn openly declared his intention to force out the current tenants if they did not leave on their own. Located on North 8th Street right off trendy Bedford Avenue, the property was prime real estate in Williamsburg. The only obstacles that stood between the landlord and the potential for him to reap large profits were the rent-stabilized status of the building and all the tenants who paid the regulated rent, a fraction of the market rate. Once he forced those tenants to leave, he could “gut rehab” the apartments ...


Mainstreaming Privacy Torts, Danielle Keats Citron Dec 2010

Mainstreaming Privacy Torts, Danielle Keats Citron

California Law Review

No abstract provided.


Front Matter Dec 2010

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2010

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2010

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Regulating Compensation, A. Christine Hurt Dec 2010

Regulating Compensation, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Windfall Myth, A. Christine Hurt Dec 2010

The Windfall Myth, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni Dec 2010

Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application ...


Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley Dec 2010

Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley

Publications

The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.


State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals Dec 2010

State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a judgment of conviction for Exploitation of a Vulnerable Adult, a third degree felony, in violation of Utah Code Ann. § 76-5-11 l(4)(b)(ii) (Supp. 2007); and Issuing a Bad Check or Draft, a third degree felony, in violation of Utah Code Ann. § 76-6-505(1) (Supp. 2007), in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.


The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr. Dec 2010

The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper argues that Islam introduced far reaching reforms to warfare; that the conduct of the Prophet (peace be upon him) and his successors does not to allow the burning and drowning of enemy to death. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of warand envoys is strictly against the teachings of the Prophet (peace be upon him) or his successors. The destruction of harvest, livestock and forests, looting, plundering and corruption from the war booty and indiscipline are prohibited as ...


Gender Violence In India Prajnya Report 2010, Professor Vibhuti Patel Dec 2010

Gender Violence In India Prajnya Report 2010, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender violence in personal lives as well as the systems and structures perpetuating it need serious examination. Indian women experience all kinds of gendered violence at different stages of their lives, from womb to tomb, as a result of modernisation and commercialisation of subsistence economies, family ties becoming less supportive, increasing migration, demanding work, inhuman labour processes in informal economies, sectarian vested interests manifesting through identity politics, trafficking of women and girls as cheap labour, forced marriage and various forms of misogyny in print and electronic media. Honour killing of young lovers and married couples by their relatives brings to ...


The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim Dec 2010

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the ...


Absolute Immunity: A License To Rape Justice At Will, Prentice L. White Dec 2010

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its ...


Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni Dec 2010

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.


Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill Dec 2010

Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill

Nevada Supreme Court Summaries

District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.


Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst Dec 2010

Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst

Nevada Supreme Court Summaries

An appeal of an Eighth Judicial District Court’s summary judgment in a tort action against a former employer and co-employees based on the exclusivity provisions of the workers’ compensation statutes that arose around the time of employment termination.