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2010

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Articles 31 - 60 of 2090

Full-Text Articles in Law

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.


Secret Bancaire Et Entraide Internationale En Matière Fiscale: Le Fait Du Prince, Fabien Liegeois Dec 2010

Secret Bancaire Et Entraide Internationale En Matière Fiscale: Le Fait Du Prince, Fabien Liegeois

Fabien LIEGEOIS

No abstract provided.


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 ...


(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla Dec 2010

(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla

Victor D. Quintanilla

This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social-psychological perspective. The field of social psychology has documented a pervasive phenomena—the Fundamental Attribution Error—the failure of decision-makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social-psychological research on the Fundamental Attribution Error, legal concepts such as ...


Assessing The Applicability Of The Business Judgment Rule And The “Defensive” Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Xiao-Chuan Charlie Weng Dec 2010

Assessing The Applicability Of The Business Judgment Rule And The “Defensive” Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Xiao-Chuan Charlie Weng

Xiao-chuan Charlie Weng

With the surge of takeovers in China, many issues regarding takeover adjudication and legislation have increasingly received academic attention. The issues of the independence and professionalization of the judiciary and the scarcity of legislation on duty of care are the major predicaments facing corporate China. Massive legislative and judicial reform of takeover adjudication is not viable in the near future. However, U.S. common law standards of review, including the business judgment rule and serial rules against hostile takeover, with diacritical the business judgment rule stamp, may hold potential for reform within the current economic environment. The article investigates the ...


Junior Bar Law Review 1 (2010), 21-40 Judicial Activism Revisited: Reflecting On The Role Of Judges In Enforcing Economic, Social And Cultural Rights, Gehan D. Gunatilleke Mr. Dec 2010

Junior Bar Law Review 1 (2010), 21-40 Judicial Activism Revisited: Reflecting On The Role Of Judges In Enforcing Economic, Social And Cultural Rights, Gehan D. Gunatilleke Mr.

Gehan D Gunatilleke Mr.

Following the conclusion of military operations in Sri Lanka in 2009, the issue of economic development and distributive justice appears to have remerged on the country’s agenda. Within this post-conflict context, the judiciary in Sri Lanka is confronted with a major challenge in terms of defining its proper role in the promotion of Economic Social and Cultural (“ESC”) rights. The precise extent to which judges should be ‘activist’ in promoting these rights should be contrasted with the level of activism required of judges in the sphere of civil and political rights. Advocating ESC rights in Sri Lanka simply cannot ...


A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp Dec 2010

A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp

Robert N Rapp

No abstract provided.


Law And Finance: A Theoretical Perspective, Tamara Lothian Dec 2010

Law And Finance: A Theoretical Perspective, Tamara Lothian

Tamara Lothian

No abstract provided.


After The Crisis: Institutional Innovation And The Alternative Futures Of American Finance, Tamara Lothian Dec 2010

After The Crisis: Institutional Innovation And The Alternative Futures Of American Finance, Tamara Lothian

Tamara Lothian

No abstract provided.


O Cade E As Soluções Negociadas, Carlos Emmanuel Joppert Ragazzo Dec 2010

O Cade E As Soluções Negociadas, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.


Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon Dec 2010

Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

This article is concerned to the concept of political inclusion. The first part investigates the relations between democracy and inclusion from a contemporary theoretical framework. The second part presents an unprecedented organization of electoral data from around the world, as well as results of local, state and federal elections in Brazil during the 90's in order to discuss its impacts on female political empowerment. The last part discusses the shortage of women inclusion. It aims to provide clarification to some challenges to brazilian democracy political system and the right of equal consideration of interests.


Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian G. Gilmore Dec 2010

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian G. Gilmore

Brian G Gilmore

No abstract provided.


Path Dependence And Durability Of Hong Kong's Existing Corporate Reorganization System, Charles Zhen Qu Dr Dec 2010

Path Dependence And Durability Of Hong Kong's Existing Corporate Reorganization System, Charles Zhen Qu Dr

Charles Zhen Qu Dr

A corporate reorganization system that ensures optimal deployment of distressed companies’ assets helps promote economic development. In many developed economies, faltering firms are reorganized through a formal corporate reorganization procedure. The Hong Kong government has recently recommended the enactment of such a procedure on the assumption that the existing corporate and insolvency framework is ill-equipped to restructure failing companies. This article rebuts this assumption through an assessment of the efficiency of the judicially-developed reorganization system that has emerged as a result of the failure to introduce a formal reorganization procedure a decade ago. It argues that since an efficient alternative ...


New Federal Rules For Pending Cases, M. Anderson Berry, Caroline N. Mitchell Nov 2010

New Federal Rules For Pending Cases, M. Anderson Berry, Caroline N. Mitchell

M. Anderson Berry

On Dec. 1, 2010, changes to Rule 26 of the Federal Rules of Civil Procedure (FRCP) extended work-product protection to discovery of draft reports by testifying experts and, with three exceptions, to communications between those experts and retaining attorneys. The amendments also require attorneys relying on experts who will provide testimony - but who are not required to provide a full expert report - to disclose the subject matter of the planned testimony and summarize the facts and opinions that the expert expects to offer.

What is not clear is whether this "attorney-expert work-product doctrine" applies to draft reports and communications made ...


The Responsibility Gap: The Cia, Covert Actions And Violations Of International Law, Angela Huddleston Nov 2010

The Responsibility Gap: The Cia, Covert Actions And Violations Of International Law, Angela Huddleston

Angela Huddleston

Throughout the course of the Central Intelligence Agency (CIA), the United States of America has committed covert actions in virtually every major region in the world, particularly during the Cold War. These actions are not without their repercussions and have often led to massive violations of international law and human rights. Yet the US is not held responsible for its actions due to legal deficiencies that allow it to breach some of the most basic rules of international law without accountability. This paper examines the obligations of international law concerning covert actions before turning to state responsibility and highlighting the ...


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


Directors In The Dock: An Analysis In The Light Of Maksud Sayid Case, Jitendra Soni Nov 2010

Directors In The Dock: An Analysis In The Light Of Maksud Sayid Case, Jitendra Soni

Jitendra Soni

No abstract provided.


Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic Nov 2010

Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic

Jernej Letnar Černič

The relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under ...


How A Changing Nation Is Fueling The Rise Of Trade Secret Litigation, David S. Almeling Nov 2010

How A Changing Nation Is Fueling The Rise Of Trade Secret Litigation, David S. Almeling

David S. Almeling

Reports of pilfered trade secrets have grown increasingly common, and as recent studies demonstrate, trade secret litigation is on the rise. A 2010 study of the federal courts shows that trade secret litigation has grown exponentially while litigation in general has decreased. And a 2011 study of state courts shows that trade secret litigation is increasing at a faster rate than the rate of litigation in general. This essay asks: Why? Why is trade secret litigation more prevalent than ever? This essay posits — for the first time — explanations for the fact that trade secrets are increasingly important to the American ...


Transfer Pricing And Irc Section 482, Dorothy M. Hong Nov 2010

Transfer Pricing And Irc Section 482, Dorothy M. Hong

Dorothy M Hong

Description of recent flux in tax treaties and case laws relating to transfer pricing helpful to those companies doing business with companies based in South Korea complying with IRC Sec. 482.


When Juveniles Face Questioning, Tamar R. Birckhead Nov 2010

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.


Transfer Pricing And Irc Section 482, Dorothy M. Hong Nov 2010

Transfer Pricing And Irc Section 482, Dorothy M. Hong

Dorothy M Hong

Description of the current flux situation with regard to development of tax treaties and case laws relevant to transfer pricing regulations for companies either doing business in or with those based in South Korea complying with IRC Sec. 482.