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2013

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Articles 1 - 30 of 587

Full-Text Articles in Law

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob Dec 2015

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob

John Jacob

No abstract provided.


The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob Aug 2015

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob

Stephanie C. Miller

No abstract provided.


Planting The Seed - Showing The Doctrinal Faculty How Easy (And Effective) It Is To Incorporate Legal Writing And Academic Achievement Into Their Courses, Jamie Kleppetsch, Mary Nagel Aug 2015

Planting The Seed - Showing The Doctrinal Faculty How Easy (And Effective) It Is To Incorporate Legal Writing And Academic Achievement Into Their Courses, Jamie Kleppetsch, Mary Nagel

Mary Nagel

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Lurene Contento

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Joanne Simboli Hodge

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Ardath A. Hamann

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jun 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Mary Nagel

No abstract provided.


Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand Dec 2013

Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand

Michael A Helfand

No abstract provided.


Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing Dec 2013

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …


Moderator, "New Regulatory Models Ensuring Safety And Accelerating Treatments", Mary Ann Chirba Dec 2013

Moderator, "New Regulatory Models Ensuring Safety And Accelerating Treatments", Mary Ann Chirba

Mary Ann Chirba

No abstract provided.


‘The Dirty War Index: Linking International Humanitarian Law, Public Health And Policy.’, M Hicks Dec 2013

‘The Dirty War Index: Linking International Humanitarian Law, Public Health And Policy.’, M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.


Listening And Speaking Are Lawyering Skill, Too, Lurene Contento Nov 2013

Listening And Speaking Are Lawyering Skill, Too, Lurene Contento

Lurene Contento

No abstract provided.


Artificial Reproductive Techniques And The Protection Of The Kinship System, Scott Fitzgibbon Nov 2013

Artificial Reproductive Techniques And The Protection Of The Kinship System, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Dysfunctional Contracts And The Laws And Practices That Enable Them, Debra Stark Nov 2013

Dysfunctional Contracts And The Laws And Practices That Enable Them, Debra Stark

Debra Pogrund Stark

No abstract provided.


Only The Shadow[Ing] Student Knows: The Benefits Of Having First-Year Students "Shadow" Practicing Attorneys, Preparing Practice-Ready Students, Mary Nagel Nov 2013

Only The Shadow[Ing] Student Knows: The Benefits Of Having First-Year Students "Shadow" Practicing Attorneys, Preparing Practice-Ready Students, Mary Nagel

Mary Nagel

No abstract provided.


More Than The Memo, The Evolving Legal Writing Classroom, Lurene Contento Nov 2013

More Than The Memo, The Evolving Legal Writing Classroom, Lurene Contento

Lurene Contento

No abstract provided.


Obama's College-Rating Plan A Bust, Ann Lousin Nov 2013

Obama's College-Rating Plan A Bust, Ann Lousin

Ann M. Lousin

No abstract provided.


Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista Nov 2013

Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista

Lowell Bautista

The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage ("UCH Convention") is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention's most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …


Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt Nov 2013

Introducing The ‘Reconciliatory Approach’ – Harmonizing International Environmental Law With Other Specialised Areas Of International Law, Britta Sjöstedt

Britta Sjöstedt

In this paper, I argue that international environmental treaties can interact with other specialised areas of law applicable to the same subject matter in the same context by using the ‘reconciliatory approach’ (RA). This approach entails that the institutions established under the environmental treaties are empowered to develop the treaty provisions in a manner that may also take other legal areas into account and thereby be able to reconcile obligations of other specialised legal areas. The RA functions on the premise that international law is one system with the inherent ambition to coherently systematize its norms. By looking at the …


Keynote Address, Towards A Pluralist Approach To Global Justice Theory, Frank Garcia Nov 2013

Keynote Address, Towards A Pluralist Approach To Global Justice Theory, Frank Garcia

Frank J. Garcia

No abstract provided.


Presentation On Global Justice And International Economic Law: Three Takes, Frank Garcia Nov 2013

Presentation On Global Justice And International Economic Law: Three Takes, Frank Garcia

Frank J. Garcia

No abstract provided.


Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman Nov 2013

Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman

Francine T. Sherman

No abstract provided.


Digital Copyright Enforcement Measures And Their Free Speech Harms, Peter Yu Nov 2013

Digital Copyright Enforcement Measures And Their Free Speech Harms, Peter Yu

Peter K. Yu

No abstract provided.


Unique, Novel, And Unsound Adversary Ethic, Thomas Shaffer Nov 2013

Unique, Novel, And Unsound Adversary Ethic, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista Nov 2013

The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista

Lowell Bautista

EXECUTIVE SUMMARY

This essay examines recent decisions of international courts and tribunals—specifically, the 2009 Maritime Delimitation in the Black Sea case between Romania and Ukraine—and draws implications for the territorial and maritime boundary disputes in East and Southeast Asia.

Main Findings The judgment of the International Court of Justice (ICJ) in the Black Sea case is a landmark jurisprudential contribution to the development of the law of maritime delimitation. In this case, the ICJ explicitly provided a three-stage delimitation method—which, although not novel, is a clarification and clear articulation not seen in previous cases.

The peaceful settlement of disputes over …


The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista Nov 2013

The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …


International Legal Implications Of The Philippine Treaty Limits On Navigational Rights In Phillipine Waters, Lowell Bautista Nov 2013

International Legal Implications Of The Philippine Treaty Limits On Navigational Rights In Phillipine Waters, Lowell Bautista

Lowell Bautista

The Philippine Treaty Limits define the colonial territorial limits of the Philippine Archipelago and impose serious restrictions on navigational rights andfreedoms accorded to ships under the Law of the Sea Convention (LOSC), which the Philippines has signed and ratified. This paper discusses these navigational rights and freedoms and analyses the inconsistencies between the navigational regimes provided for in LOSC and their implementation in various Philippine maritime zones of jurisdiction.


Philippine-China Border Relations: Cautious Engagement Amidst Tensions, Lowell Bautista, Clive Schofield Nov 2013

Philippine-China Border Relations: Cautious Engagement Amidst Tensions, Lowell Bautista, Clive Schofield

Lowell Bautista

Conflicting claims to sovereignty over islands, related overlapping maritime claims, and undelimited maritime boundaries are an enduring source of tension between the Philippines and China. In particular, an influential and often corrosive factor in their bilateral relations is their competing claims in the South China Sea. China asserts territorial sovereignty over numerous islands in the southern South China Sea, generally referred to as the Spratly (Nansha) islands, on historic grounds. Meanwhile, the Philippines claims sovereignty over many of the same islands, which it refers to as the Kalayaan Island Group (KIG), on the basis of discovery and effective occupation (see …


The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista Nov 2013

The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista

Lowell Bautista

The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water …


The Use Of Technology In Securing Marine Resources, Mary Ann Palma, Lowell Bautista Nov 2013

The Use Of Technology In Securing Marine Resources, Mary Ann Palma, Lowell Bautista

Lowell Bautista

No abstract provided.