Law Commons^™

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 models through which society …

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

Niklas Selberg

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

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

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

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 …

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

Extract From United States Code Annotated, Section On Article Ii, Section 1, Clause 7, Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Article II, Section 1, Clause 7, citing Tillman & Tillman's "A Fragment on Shall and May". Fragment cites Clause 8 (Presidential Oath Clause), but Westlaw has recharacterized that clause as Clause 7.

[December 28, 2010]

10cv7727, Us Dist. Ct., N. Illinois, Plaintiffs’ Brief As To Motion (Doc 4) & Prayer For Injunctive Relief & Declaratory Ruling That The 12,500 Signature Ballot Access Requirement Is Unconstitutional, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

Recall, a court's “inquiry into the propriety of a state election law depends upon the extent to which a challenged regulation burdens First and Fourteenth Amendment rights." Burdick, 504 U.S. at 434. Plaintiffs contend that there is no doubt that the 12,500 signature requirement burdens the First and Fourteenth Amendments. The extent of the burden is tremendous for the reasons enunciated, in particular how the requirement tramples on the right of freedom of political of association. The 12,500 signature requirement severely burdens First and Fourteenth Amendment rights and are not narrowly drawn to advance Illinois's interest. Cf. Storer, 415 U.S. …

Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Eminent Need: Proposing A Market Participation Exception For Municipal Parker Immunity, Scott B. Weese

Scott B Weese

A township is using its eminent domain powers to become a monopsony in the real estate market for the designated area. That township’s monopsony power is then being exploited to create a price-fixing scheme that would violate antitrust laws, either as a per se violation under § 1 of the Sherman Antitrust Act, or as a monopolizing or attempted monopolizing offense under § 2. Under the Sherman Act, effected residents could force the township to appraise each property individually and pay the full market value; if the township refused, they would be subject to the treble damage penalty, erasing any …

Let's Put Our Cards On The Table When It Comes To Israel, Alan E. Garfield

Alan E Garfield

El Mundo Ya Está Salvado, Jorge Adame Goddard

Jorge Adame Goddard

El mundo actual, aunque no la parezca, ya está salvado por Cristo, salvación que comenzó el día histórica de la Navidad, en Belém de Judá, hace dos mil años

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).

Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson

Harold I. Abramson

No abstract provided.

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Civil Rights, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Civil Rights Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.

Aplicación De La Ley De Defensa Del Consumidor Para La Restitución Colectiva De Sumas Indebidamente Percibidas De Los Consumidores, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh

PHANG Sock Yong

The UNCTAD Code of conduct for Liner Conferences entered into force in 1983. The Code's cargo allocation scheme or '40-40-20 rule' aims to provide shipping lines of developing countries with a fair change to compete for the carriage of their seabourne trade. However, the Code has not been effective in meeting its stated objectives for a variety of reasons. Amongst the administrative difficulties are (i) the complications introduced by the EEC's Brussels Package, (ii) the definition of national lines, (iii) the unit of measurement for cargo allocation purposes, and (iv) the monitoring of cargo movements. The tremendous growth in non-conference …

Book Review Of Competition Law And Policy In Singapore, By Cavinder Bull, Lim Chong Kin, Academy Publishing, Singapore, 2009, Sock-Yong Phang

PHANG Sock Yong

No abstract provided.

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Civil Rights Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Cowell V. Good Samaritan: How And Why The Washington Legislature Should Amend Rcw 7.71 To Protect Physicians From Abuses Of Medical Peer Review Currently Being Shielded Under The Health Care Quality Improvement Act., Nicholas R. Kadar

Nicholas R. Kadar

In 1987, the Washington legislature enacted RCW 7.71, and adopted the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. §§ 11101-11152, to protect medical peer review. RCW 7.71 also created a private cause of action for physicians “occasionally hurt by peer review decisions”, because the Legislature concluded that peer review decisions “based on matters unrelated to quality and utilization review need[ed] redress”. RCW 7.71 sought to balance the benefits of peer review to the public against the harms caused by peer review decisions not related to a physician’s competence or professional conduct.

In Cowell v. Good Samaritan, the …