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Articles 1 - 20 of 20
Full-Text Articles in Law
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
International Law Studies
No abstract provided.
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
3 pages.
"June 28, 2010"
Corporate And Business Law, Laurence V. Parker Jr.
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
No abstract provided.
Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby
University of Arkansas at Little Rock Law Review
No abstract provided.
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
All Faculty Scholarship
When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be …
The Cost Of Consent: Optimal Standardization In The Law Of Contract, Joshua A.T. Fairfield
The Cost Of Consent: Optimal Standardization In The Law Of Contract, Joshua A.T. Fairfield
Joshua A.T. Fairfield
This article argues that informed consent to contract terms is not a good to be maximized, but is rather an information cost that courts should minimize. The goal of mass-market contract law ought to be to keep costs low by encouraging contract standardization. The article applies information cost theory to show that information-forcing rules are often inefficient at both the micro- and macroeconomic levels. Such rules also impose greater costs on third parties than the benefits they create for the contracting parties. When one consumer creates an idiosyncratic deal, the information-savings benefits of standardization are reduced for all other potential …
Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida
Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida
Publications and Research
On November 6, 2000, President Bill Clinton signed his final executive order on
Consultation and Coordination with Tribal Governments. It was his last attempt to establish meaningful consultation processes with American Indians in the development of federal environmental policies. Based on ongoing environmental issues between the two cultures and the rising concern for environmental justice, the United States government wanted to identify the necessary improvements in communication and coordination among tribal and federal environmental programs, specifically regarding issues of information exchange, and creating partnerships among stakeholders. An analysis of the executive order, and a case study of the U.S. …
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
Bankruptcy Voting And The Designation Power, Christopher W. Frost
Bankruptcy Voting And The Designation Power, Christopher W. Frost
Law Faculty Scholarly Articles
Chapter 11 of the Bankruptcy Code is the only form of bankruptcy that requires winning the consent of the creditor body. Creditors are given the right to vote based on an underlying assumption that they will cast their votes to maximize recovery on their claims. When creditors collectively vote to further these distributional goals, then the estate in turn should realize the maximum value for its assets. "Value maximization" is one of the fundamental goals of chapter 11, and voting in bankruptcy is an important way of achieving that goal.
The problem with these assumptions is that creditors sometimes vote …
Consent And Self-Determination In Human Rights Lawmaking, Vijay Padmanabhan
Consent And Self-Determination In Human Rights Lawmaking, Vijay Padmanabhan
Vijay M Padmanabhan
A range of actors have advocated and implemented changes in how international human rights law is made and interpreted to reduce a State’s control over the content of its human rights obligations. Such efforts are premised on the view that State consent is an impediment to development of human rights. This article argues, however, that State consent is essential to the protection of the human right of self-determination, a right which guarantees people collective control over their political, economic, social and cultural development. Thus, efforts to expand international human rights without State consent themselves infringe upon a human right.
Because …
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Pepperdine Law Review
No abstract provided.
A Victimless Sex Crime: The Case For Decriminalizing Consensual Teen Sexting, Joanna R. Lampe
A Victimless Sex Crime: The Case For Decriminalizing Consensual Teen Sexting, Joanna R. Lampe
University of Michigan Journal of Law Reform
As teenagers' access to cellular phones and the internet has increased over the past two decades, so has their ability to harm themselves and others through misuse of new technology. One risky behavior that has become common among teenagers is "sexting"--the digital sharing of sexually suggestive images. To combat the dangers of teen sexting, many states have criminalized the act. Criminalization does not resolve the issue of teen sexting, however, and in many cases it may cause additional harm. This Note reviews existing state laws related to teen sexting, and critiques these laws on constitutional and policy grounds. It then …
Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan
Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan
All Faculty Scholarship
Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.
Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …
Drawing On The Constitution: An Empirical Inquiry Into The Constitutionality Of Warrantless And Nonconsensual Dwi Blood Draws , Kevin Stockmann
Drawing On The Constitution: An Empirical Inquiry Into The Constitutionality Of Warrantless And Nonconsensual Dwi Blood Draws , Kevin Stockmann
Missouri Law Review
This Note assesses how courts have interpreted the text of Schmerber to justify conclusions while determining whether policy justifications support any particular interpretation. It then considers whether empirical data may favor one interpretation of Schmerber by examining the dissipation rate of alcohol from an individual’s bloodstream, the average time it takes a law enforcement officer to obtain a warrant for a blood draw on an alleged intoxicated driver, and the reliability of retrograde extrapolation. This Note confirms that neither the text of Schmerber nor the policy underlying its holding clearly favors a particular interpretation on the constitutionality of warrantless and …
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Maryland Journal of International Law
No abstract provided.
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
Journal Articles
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand
Michael A Helfand
This article considers the extent to which the liberal nation-state ought to accommodate religious practices that contravene state law and to incorporate religious discourse into public debate. To address these questions, the article develops a liberalism of sincerity based on John Locke’s theory of toleration. On such an account, liberalism imposes a duty of sincerity to prevent individuals from consenting to a regime that exercises control over matters of core concern such as faith, religion, and conscience. Liberal theory grounds the legitimacy of the state in the consent of the governed, but consenting to an intolerant regime is illegitimate because …
The Constitution As If Consent Mattered, Tom W. Bell
The Constitution As If Consent Mattered, Tom W. Bell
Tom W. Bell
Libertarians do not fit into the left-right spectrum very comfortably; by their own account, they transcend it. This brief paper, written for a Chapman Law Review symposium on libertarian legal theory, argues that libertarians should likewise transcend the dichotomy currently dividing constitutional theory. The Left tends to regard the Constitution as adaptable to current needs and defined by judicial authority; the Right tends to search the historical record for the Constitution’s original meaning. Each of those conventional approaches has its own virtues and vices. Combining the best of both — the responsiveness of living constitutionalism and the textual fidelity of …