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2010

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Articles 1 - 30 of 2134

Full-Text Articles in Law

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 ...


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 ...


Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey Dec 2010

Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey

Cara M Luckey

This paper discusses legal and ethical issues involved with commercial surrogacy both within the United States and Internationally. Inconsistencies in laws create an increased potential for the exploitation of the parties involved in a surrogacy agreement. The validity of contracts varies between states and certain countries that allow surrogacy do not adequately protect the surrogate mothers. As this field of Assisted Reproductive Technology becomes more prevalent, the need for effective regulation of commercial surrogacy is essential.


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 ...


El Mundo Ya Está Salvado, Jorge Adame Goddard Dec 2010

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


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.


Another Role For Securities Regulation: Expanding Opportunity, Jasmin Sethi Dec 2010

Another Role For Securities Regulation: Expanding Opportunity, Jasmin Sethi

Jasmin Sethi

Securities regulation can be justified on a number of grounds, but historically, expanding opportunities for wealth accumulation across sectors of the population has not been a justification given credence. This paper examines the implications of integrating an opportunities based perspective in evaluating securities regulation for policy decisions. I demonstrate how the policy implications of such a perspective are often distinct from those implicated by other approaches, such as a public welfare approach to securities regulation. In this article, I apply this perspective and what we know about human behavior to examine how securities policy could be shaped by an opportunities-based ...


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 ...


Cheque Cancelatorio. Reflexiones A Propósito De La Comunicación A 5130/2010 Del Banco Central De La República Argentina., Carlos Molina Sandoval Dec 2010

Cheque Cancelatorio. Reflexiones A Propósito De La Comunicación A 5130/2010 Del Banco Central De La República Argentina., Carlos Molina Sandoval

Carlos Molina Sandoval

Desafortunadamente el régimen incorporado por la Comunicación A 5130/2010 del Banco Central de la República Argentina es complejo, insuficiente y no garantiza el adecuado funcionamiento del instrumento cancelatorio. Mediante el presente se analizan los principales aspectos de la reglamentación del cheque cancelatorio.


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 ...


Cultural Losses And Cultural Gains: Ethical Dilemmas In Wwii-Looted Art Repatriation Claims Against Public Institutions, Erin L. Thompson Dec 2010

Cultural Losses And Cultural Gains: Ethical Dilemmas In Wwii-Looted Art Repatriation Claims Against Public Institutions, Erin L. Thompson

Erin L. Thompson

Alongside their campaign of physically exterminating the Jewish population of Europe, the Nazis carried out a highly organized plan of cultural genocide which involved the confiscation or forced sale of hundreds of thousands of pieces of art. Although a sizable number of these works were returned to their owners or their heirs by the Allied forces after the war, many disappeared into the hands of private possessors. Many remain hidden in private collections, but a number of these artworks were given to or purchased by museums or other public institutions. In recent decades, the heirs of Holocaust victims have been ...


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 ...


Are Registered Representatives Subject To The Fair Labor Standards Act?, Barry R. Temkin Dec 2010

Are Registered Representatives Subject To The Fair Labor Standards Act?, Barry R. Temkin

Barry R. Temkin

Are registered securities representatives entitled to time and a half pay for working overtime? The concept seems foreign to white-collar workers in the financial services industry, most of whom are professionals or paid on the basis of commissions, or both. Yet a spate of recent federal collective actions has roiled the securities industry, challenging long-held assumptions about the applicability of minimum wage and hour laws to what had traditionally been thought of as a white-collar industry. Some federal courts have applied the overtime and minimum wage requirements of the Fair Labor Standards Act to financial advisors. Recent cases applying the ...


The Clean Water Act’S Final Frontier: Taking On Nonpoint Source Pollution Using Mandatory Tmdl Rules, Jason M. Stoffel Dec 2010

The Clean Water Act’S Final Frontier: Taking On Nonpoint Source Pollution Using Mandatory Tmdl Rules, Jason M. Stoffel

Jason M Stoffel

While the Clean Water Act, as it is currently structured, has few provisions that directly regulate nonpoint source pollution, the Ninth Circuit Court of Appeals, in the case Friends of Pinto Creek v. United States EPA, 504 F.3d 1007 (9th Cir. 2007), has recognized the Total Maximum Daily Load ("TMDL") program as a tool that can be used by the EPA to indirectly compel states to regulate nonpoint source pollution in the nation’s impaired waters. In the context of the Ninth Circuit’s ruling, in 2010, the EPA made national headlines by pushing states to regulate nonpoint source ...


Electronic Health Records In The Global Market: Enforcing Security Overseas, Luis J. Acevedo Dec 2010

Electronic Health Records In The Global Market: Enforcing Security Overseas, Luis J. Acevedo

Luis J Acevedo

ABSTRACT

As the U.S. implements its chimerical plan to contain health care costs and improve the provision of services, aided by the much desired implementation of Electronic Health Records (EHRs) technology, the possibility of an increase in the outsourcing of health care services surfaces. The ordinary citizen should be worried. The protected health information (PHI) contained in their EHRs could be at greater risk when stored, accessed or transmitted overseas. Our current federal regulatory framework does not provide adequate protection because our enforcement mechanisms to ensure the security of data do not extend beyond the U.S. borders. The ...


Case Note: Nabozny V. Podlesny, William B. Turner Dec 2010

Case Note: Nabozny V. Podlesny, William B. Turner

William B Turner

This case note describes and provides context for the 1996 opinion in Nabozny v. Podlesny, in which the Seventh Circuit Court of Appeals reversed a district judge's grant of summary judgment to defendants in a suit by a former student who complained of years of severe bullying and harassment by his peers because of his sexual orientation, which school administrators persistently failed to take steps to stop.


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]