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2010

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Selected Works

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Articles 1 - 30 of 1946

Full-Text Articles in Law

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 ...


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. Dec 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 ...


Eminent Need: Proposing A Market Participation Exception For Municipal Parker Immunity, Scott B. Weese Dec 2010

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 possible ...


Aplicación De La Ley De Defensa Del Consumidor Para La Restitución Colectiva De Sumas Indebidamente Percibidas De Los Consumidores, Gabriel Martinez Medrano Dec 2010

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.


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 Dec 2010

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 ...


Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du Dec 2010

Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du

Michael Ming Du

In the World Trade Organization (WTO) jurisprudence, the Appellate Body (AB) has repeatedly affirmed that WTO Members have the prerogative right in setting any level of protection that they deem appropriate (ALOP). At the same time, WTO Agreements provide for disciplines that a WTO Member must respect when it selects regulatory measures to fulfill its ALOP. Thus, a WTO Member’s autonomy in setting its ALOP, on the one hand, and the full force of other disciplines, on the other hand, are in a constant state of tension. Then, exactly how does a panel balance a Member’s right of ...


Ubiquitous Trio: China, Wto And United States Of America, Yuliya Kostelova Dec 2010

Ubiquitous Trio: China, Wto And United States Of America, Yuliya Kostelova

Yuliya Kostelova

No abstract provided.


B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin Dec 2010

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin

Mary Beckwith O'Loughlin

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s ...


The Senate Filibuster: The Politics Of Destruction, Emmet J. Bondurant Dec 2010

The Senate Filibuster: The Politics Of Destruction, Emmet J. Bondurant

Emmet J Bondurant

The notion that the Framers of the Constitution intended to allow a minority in the U.S. Senate to exercise a veto power over legislation and presidential appointments is not only profoundly undemocratic, it is also a myth. The overwhelming trend of law review articles have assumed that because the Constitution grants to each house the power to make its own rules, the Senate filibuster rule is immune from constitutional attack. This Article takes an opposite position based on the often overlooked history of the filibuster, the text of the Constitution and the relevant court precedents which demonstrate that the ...


Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire Dec 2010

Hiv And Aids In Africa: Compulsory Licensing Under Trips And Doha Declaration, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

In today’s world, there is a lot of focus on issues such as militancy, global warming, terrorism, racism and even politics. Unfortunately, there is a problem that has killed and is still killing far more people than any of the above issues. That problem is HIV/AIDS.

AIDS is a serious medical condition that predisposes patients towards opportunistic infecting tumors, dementia and death. HIV is the viral agent associated with AIDS. Africa is without doubt more heavily affected by HIV/AIDS than any other region of the world. Although Nigeria’s HIV/AIDS prevalence rate is still relatively low ...


United States Senate Document -- The Constitution Of The United States Of America: Analysis And Interpretation (Supp. 2010), Citing Tillman's A Textualist Defense, Seth Barrett Tillman Dec 2010

United States Senate Document -- The Constitution Of The United States Of America: Analysis And Interpretation (Supp. 2010), Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from a copy of The Constitution of the United States of America: Analysis and Interpretation/2010 Supplement, S. Doc. No. 111-39, at 4 nn.2 & 5, 55 (Kenneth R. Thomas et al. eds., 2010) (prepared by the Congressional Research Service and Library of Congress) (citing Textualist).

The document is available from the Government Printing Office and available at http://works.bepress.com/seth_barrett_tillman/274/.

[October 24, 2011]


Leelle B. Krompass, Preface, Harvard Journal Of Law & Public Policy (2010), Acknowledging Tillman, Seth Barrett Tillman Dec 2010

Leelle B. Krompass, Preface, Harvard Journal Of Law & Public Policy (2010), Acknowledging Tillman, Seth Barrett Tillman

Seth Barrett Tillman

LeElle B. Krompass, Preface, 33 Harv. J.L. & Pub. Pol'y i, i (2010), acknowledging Tillman

[June 16, 2014]


Reconsidering Disclosure And Liability In The Transatlantic Capital Markets, Mark Brewer, Orla Gough, Neeta Shah Dec 2010

Reconsidering Disclosure And Liability In The Transatlantic Capital Markets, Mark Brewer, Orla Gough, Neeta Shah

Mark Brewer

In response to the current global financial crisis, governments around the world are introducing some of the most significant changes financial regulation since the Great Depression. However, these efforts fail to fundamentally alter the current overreliance on disclosure and fail to achieve international cooperation in deterring the next financial crisis. The article explores some of the limits of disclosure as a basis for financial regulation and to suggest international regulatory coordination of liability standards to help curtail the risky behavior that often leads to the pattern of boom and bust in the global financial markets. The purpose of this article ...


Why Wait Until The Crime Happens? Providing For The Involuntary Commitment Of Dangerous Individuals Without Requiring A Showing Of Mental Illness, Adam Lamparello Dec 2010

Why Wait Until The Crime Happens? Providing For The Involuntary Commitment Of Dangerous Individuals Without Requiring A Showing Of Mental Illness, Adam Lamparello

Adam Lamparello

No abstract provided.


Extract From Joy Marlene Bryan & Simon M. Lorne's Acquisitions And Mergers: Negotiated And Contested Transactions (2010) Republishing In Full Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Dec 2010

Extract From Joy Marlene Bryan & Simon M. Lorne's Acquisitions And Mergers: Negotiated And Contested Transactions (2010) Republishing In Full Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from volume 11 of Joy Marlene Bryan & Simon M. Lorne's Acquisitions and Mergers: Negotiated and Contested Transactions § 3:64.76, at 3-364.2 to 3-364.2.42 (2010) republishing in full Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law.

This publication is available on Westlaw.

[December 20, 2010]


Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni Dec 2010

Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni

Limor Ezioni

Adult victims of childhood incest face a multitude of problems when seeking redress from the courts: complex emotional and psychological issues, administrative difficulties in filing a complaint, the statute of limitation in civil suits, and inadequate financial compensation, to name just a few. Here we focus on the legal, moral, and philosophical dilemmas related to the question of proper punishment for the offender. Every legal system takes a different approach to this matter, often reflective of local legal/social norms. We believe that the Israeli experience can serve as springboard for research and debate on both the theoretical and practical ...


Examining Gender Stereotypes In New Work/ Family Reconciliation Policies, Rangita De Silva De Alwis Dec 2010

Examining Gender Stereotypes In New Work/ Family Reconciliation Policies, Rangita De Silva De Alwis

Rangita de Silva de Alwis

Examining Gender Stereotypes in New Work/ Family Reconciliation Policies: The Creation of a New Paradigm for Egalitarian Legislation This paper examines numerous laws that have adopted the dual earner/dual career models, thereby transcending distinctions based on gender. This model celebrates and privileges care giving by both men and women by placing it at the heart of work family reconciliation policies, thus beginning to dismantle many historically embedded gender stereotypes and allotting the special treatment that is traditionally offered to mothers to both men and women who choose to perform child caring duties. This paper advances the notion that new ...


Responsibility Of International Organizations Under International Law For The Acts Of Global Health Public-Private Partnerships, Lisa Clarke Dec 2010

Responsibility Of International Organizations Under International Law For The Acts Of Global Health Public-Private Partnerships, Lisa Clarke

Lisa Clarke

Public-private partnerships governing global health are making progress in relation to the prevention and treatment of diseases such as AIDS, tuberculosis and malaria. This progress should not be underestimated as these partnerships are making strides above and beyond efforts of either the public or private sector alone. As a consequence, partnerships are increasingly exercising public power over global health in addition to, or instead of, states and international organizations and are thus also becoming capable of adversely impacting the rights of individuals, in particular the right to life and the right to health. Responsibility under international law therefore arises as ...


Extract From United States Code Annotated, Section On Amendment Xi, Citing Tillman's A Textualist Defense Of Article I, Section 7, Clause 3: Why Hollingsworth V. Viriginia Was Rightly Decided, And Why Ins V. Chadha Was Wrongly Reasoned, Seth Barrett Tillman Dec 2010

Extract From United States Code Annotated, Section On Amendment Xi, Citing Tillman's A Textualist Defense Of Article I, Section 7, Clause 3: Why Hollingsworth V. Viriginia Was Rightly Decided, And Why Ins V. Chadha Was Wrongly Reasoned, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Amendment XI, citing Tillman's A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Viriginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned.

[December 6, 2010]


The Best Place To Pratice Medicine, Jeffrey C. Grass Esq. Dec 2010

The Best Place To Pratice Medicine, Jeffrey C. Grass Esq.

Jeffrey C Grass Esq.

No abstract provided.


Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr. Dec 2010

Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr.

Abdul Ghafur Hamid Dr.

Self-defence has long been understood as a right applicable only in an inter-State armed conflict. After September 11, however, there have been attempts to widen the scope of self defence to include attacks by terrorists - non-State actors. This paper reappraises the legal and policy considerations that promote a right of self-defence against terrorists, or against States havouring terrorists. The paper advocates three main arguments: (1) that ‘armed attack’ as required under Article 51 must come from a State or at least the attack must be attributable to the State to the extent that it is taken as the act of ...


The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina Dec 2010

The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina

Elena K Kouvabina

Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful ...


Le Défi Chinois, Karl P. Sauvant, Ken Davies Dec 2010

Le Défi Chinois, Karl P. Sauvant, Ken Davies

Karl P. Sauvant

Karl P. Sauvant and Ken Davies, “Le défi Chinois,” op. ed. published by Project Syndicate on 2 December 2010.


Thinking Through The Climate Change Challenge, Robert Hahn Dec 2010

Thinking Through The Climate Change Challenge, Robert Hahn

Robert W. Hahn

No abstract provided.


S.P.A. Tedesca E Revoca Del Consigliere Di Gestione, Valerio Sangiovanni Dec 2010

S.P.A. Tedesca E Revoca Del Consigliere Di Gestione, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


I Limiti Alla Pubblicità Dell'avvocato Nell'ordinamento Tedesco, Valerio Sangiovanni Dec 2010

I Limiti Alla Pubblicità Dell'avvocato Nell'ordinamento Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Family Security Insurance: A New Foundation For Economic Security, Gillian Lester Dec 2010

Family Security Insurance: A New Foundation For Economic Security, Gillian Lester

Gillian Lester

No abstract provided.


Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho Dec 2010

Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho

Dale E Ho

The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of ...


Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai Dec 2010

Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai

Amy Lai

My paper critiques the Model Act governing Assisted Reproductive Technology proposed by the American Bar Association in February 2008, for its unnecessarily stringent, one-size-fits-all consent standard governing posthumous reproduction, as well as its far-reaching implications for federal and state legislatures, despite the purportedly modest language of the statute. The paper, by weighing several pertinent factors relating to consent and posthumous conception, advocates a lesser consent standard for the use of deposited, cryopreserved gametes. In addition, it argues that the Model Act promulgates intent-based parenthood which in turn affirms bridging an arbitrary gap between consent and inheritance. Gloria Banks' constructive/ prospective ...