Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2012

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 18336

Full-Text Articles in Law

Religion / State: Where The Separation Lies, Vincent Samar Jan 2016

Religion / State: Where The Separation Lies, Vincent Samar

Vincent Samar

The article traces the history of the establishment clause including various court tests that have been used to interpret it, discusses various contemporary justifications for the clause, and culls from those justifications why the “accommodationist” approach sometimes used by the Court must be rejected.

I then introduce the ethical Doctrine of Double Effect to reconsider other tests the Court has applied (total separation, endorsement, neutrality and coercion), ultimately to justify a new neutrality test that provides a clearer understanding of the principles behind non-establishment. I show how the new neutrality test could be used in resolving future cases, for example ...


Oh, The Farmer And Cowman Should Be Friends': The Integration Of Legal Writing And Academic Support, Jamie Kleppetsch, Mary Nagel Aug 2015

Oh, The Farmer And Cowman Should Be Friends': The Integration Of Legal Writing And Academic Support, Jamie Kleppetsch, Mary Nagel

Mary Nagel

No abstract provided.


Free To Be Biased?, Melissa Murray, Russell Robinson Jul 2015

Free To Be Biased?, Melissa Murray, Russell Robinson

Russell K Robinson

No abstract provided.


Comparative Law: Global Legal Traditions For The 21st Century, Michael Bazyler, Abdullahi Al-Naim, Russell Miller, Peter Yu Jul 2015

Comparative Law: Global Legal Traditions For The 21st Century, Michael Bazyler, Abdullahi Al-Naim, Russell Miller, Peter Yu

Peter K. Yu

No abstract provided.


Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson Jul 2015

Regulatory Effectiveness In Ofcs, Andrew Morriss, Clifford Henson

Andrew P. Morriss

The claim that OFCs are lax regulators has two weaknesses. First, it ignores differences between OFCs and onshore jurisdictions that influence the effectiveness of regulatory measures, such as their relative need to protect retail investors and the effectiveness of informal constraints. Second, leading OFCs deploy resources that are comparable to leading onshore jurisdictions by many measures.


Employment Law Cases And Materials, Gillian Lester, Steven Willborn, Stewart Schwab, John Burton Feb 2015

Employment Law Cases And Materials, Gillian Lester, Steven Willborn, Stewart Schwab, John Burton

Stewart J Schwab

No abstract provided.


Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett Nov 2013

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett

Richard W Garnett

No abstract provided.


Criminal Procedure: The Constitution And The Police (Seventh Edition), Mark Brodin, Robert Bloom Oct 2013

Criminal Procedure: The Constitution And The Police (Seventh Edition), Mark Brodin, Robert Bloom

Robert Bloom

No abstract provided.


Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson Jun 2013

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson

Mary Ann Robinson

No abstract provided.


Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Dec 2012

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Florida State University Law Review

No abstract provided.


Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski Dec 2012

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Articles

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as ...


Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan Dec 2012

Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan

American University International Law Review

No abstract provided.


§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller Dec 2012

§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section ...


Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch Dec 2012

Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.


Introduction, Andrea Mcardle Dec 2012

Introduction, Andrea Mcardle

City University of New York Law Review

No abstract provided.


Fixing New York's Broken Bail System, Justine Olderman Dec 2012

Fixing New York's Broken Bail System, Justine Olderman

City University of New York Law Review

No abstract provided.


Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez Dec 2012

Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez

City University of New York Law Review

No abstract provided.


Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim Dec 2012

Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim

City University of New York Law Review

We are alumni of the City University of New York School of Law, Class (“CUNY Law”) of 2007 and founders of Common Law, an organization that uses legal education and legal services to support and increase organizing and activism. We describe the origins of Common Law and our beginnings as an organization providing direct legal services to members of community organizing groups in Section I; the emergence of our unique legal clinic model supporting pro se (self-represented) litigants fighting foreclosure in Section II; and our challenges and hopes for the future in Section III.


Erie's International Effect, Michael Steven Green Dec 2012

Erie's International Effect, Michael Steven Green

NULR Online

No abstract provided.


The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung Dec 2012

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its ...


The Normative Underpinnings Of Taxation, Sagit Leviner Dr. Dec 2012

The Normative Underpinnings Of Taxation, Sagit Leviner Dr.

Sagit Leviner Dr.

Questions about the appropriate rules and mechanisms of taxation are, first and foremost, questions concerning the nature of society. What can be taxed, what cannot, for what purpose, when, and how, are all matters that go to the heart of society and, in particular, concern society’s underlying beliefs and values vis-à-vis the meaning and attainment of justice. This Article explores the role of normative values and theory in tax policymaking. It suggests that a candid elaboration of normative perspectives, and how they shed light on taxation, could lead to a better understanding of society as well as a better ...


An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer Dec 2012

An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer

Matthew Rimmer

The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra ...


Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen Dec 2012

Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill Dec 2012

Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller Dec 2012

Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird Dec 2012

Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen Dec 2012

Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues ...


Preface, Marc S. Wiesner Dec 2012

Preface, Marc S. Wiesner

Santa Clara Journal of International Law

No abstract provided.


Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo Dec 2012

Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo

Santa Clara Journal of International Law

No abstract provided.