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2015

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Articles 21091 - 21120 of 21311

Full-Text Articles in Law

Beyond Corporate Governance: Why A New Approach To The Study Of Corporate Law Is Needed To Address Global Inequality And Economic Development, Dan Danielsen Dec 2014

Beyond Corporate Governance: Why A New Approach To The Study Of Corporate Law Is Needed To Address Global Inequality And Economic Development, Dan Danielsen

Dan Danielsen

For more than 40 years, corporate law scholars have been focused principally on issues of “corporate governance” understood as the study of rules governing the internal allocation of power among shareholders and managers within a single firm, and its global corollary, “comparative corporate governance” exploring the impact of domestic share ownership patterns in different countries. In the development field, corporate scholars have largely focused on identifying “best practice” corporate governance rules designed to lead to the productive efficiency of individual domestic firms or to patterns of share ownership that increase the efficiency of domestic capital markets. While the questions traditionally …

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Temporary Takings, More Or Less, Timothy M. Mulvaney Dec 2014

Temporary Takings, More Or Less, Timothy M. Mulvaney

Timothy M. Mulvaney

Modern Fifth Amendment Takings Clause jurisprudence can pose significant obstacles to innovative government actions to manage and protect land and other environmental resources in the face of a changing climate. While many of the U.S. Supreme Court’s takings dictates have served to depress regulatory experimentation, the principle of retroactive “temporary takings” compensation seemingly remains the most chilling for government officials seeking to employ new regulatory tools. This chapter introduces a conception of ownership grounded in humility, that is, a conception that recognizes the limited reach of human knowledge and the mutability of normative positions. It suggests that such a conception …

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Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener Dec 2014

Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener

Michael N. Widener

This paper deals with how local governments should address the impact on neighborhood dwellers and zoning district regulatory schemes of an influx of myriad varieties of new sharing-economy entrepreneurs.

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Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, Michael N. Widener Dec 2014

Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, Michael N. Widener

Michael N. Widener

Land use regulation typically is viewed as passive; projects proceed when criteria established under ordinances are satisfied, but are delayed or scuttled when parameters of codes are unmet. Insufficient attention is directed by local governments to the economic ramifications of those events. How ought land use regulators to act when their communities are economically deprived – or their employment opportunities have been compromised? The current employment and productivity perils of inner-ring suburbs, those often-dismissed earliest ‘outskirts’ of metropolitan areas, raise this question: Should expanding economic opportunity for every community citizen dominate conversations among zoning administrations? Too many first suburbs are …

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Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener Dec 2014

Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener

Michael N. Widener

Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …

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Begone, Euclid! Landlord Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener Dec 2014

Begone, Euclid! Landlord Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener

Michael N. Widener

Technology capacity and innovations conflate notions of private and public spaces; the latter today incorporate the Internet “lane,” while private spaces seek access to that pathway. Merchants and their landlords seemingly find themselves in a paradox. They must embrace consumer technology expectations to populate mercantile premises as public spaces. At the same time, merchants must make stores and restaurants places of novelty to grip the attention of customers seeking to share the intimacy of their experience with everyone. Technology presents physical retailing with its greatest threat while potentially becoming its strongest ally if properly channeled. Advocates for urban centers’ sustained …

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Internet Citations In Oklahoma Attorney General Opinions, Lee Peoples Dec 2014

Internet Citations In Oklahoma Attorney General Opinions, Lee Peoples

Lee Peoples

This article reports the results of a study finding a forty-nine percent failure rate of links to Internet resources in Oklahoma attorney general opinions. This phenomenon, known as link rot and reference rot, can frustrate the efforts of future researchers, weaken public confidence in the law, undermine stare decisis, and hinder the law’s natural growth and expansion. Specific solutions for addressing the problem are proposed.

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Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …

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Cyprus Constitutional Law: Fundamental Rights: Foreword By Series Editor [Πρόλογος Διευθυντή Σειράς "Κυπριακό Δίκαιο: Θεωρία Και Πράξη", Nikitas E. Hatzimihail Dec 2014

Cyprus Constitutional Law: Fundamental Rights: Foreword By Series Editor [Πρόλογος Διευθυντή Σειράς "Κυπριακό Δίκαιο: Θεωρία Και Πράξη", Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Series Editor's foreword to the treatise by Costas Paraskeva on Fundamental Rights and Liberties. The work inaugurates the first Cyprus-related series of law books. The purpose of the series is to establish editorial standards, peer review processes and especially to contribute to doctrinal development of Cyprus law and imbue the legal practice in Cyprus with an academic ethos.

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High Volume Hydraulic Fracturing In Michigan, Sara Gosman Dec 2014

High Volume Hydraulic Fracturing In Michigan, Sara Gosman

Sara Gosman

No abstract provided.

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Governance And Geopolitics As Drivers Of Change In The Great Lakes–St. Lawrence Basin, Sara Gosman, Savitri Jetoo, Adam Thorn, Kathryn Friedman, Gail Krantzberg Dec 2014

Governance And Geopolitics As Drivers Of Change In The Great Lakes–St. Lawrence Basin, Sara Gosman, Savitri Jetoo, Adam Thorn, Kathryn Friedman, Gail Krantzberg

Sara Gosman

This article provides an overview of governance and geopolitics as drivers of change in the Great Lakes– St Lawrence basin. It separates regional conditions into two themes, water quantity and water quality, and tracing historical trends since 1963. This study of the history of Great Lakes region governance and geopolitics reveals recurrent themes that impact the sustainability of the resource: institutional fragmentation, the changing relationship between federal and sub-national levels of government in Canada and the US, governance capacity, and the impact of geopolitics on governance. These themes are explored to imagine the future under three potential scenarios: a …

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The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini Dec 2014

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Brian Gallini

Everyone reads New York v. Quarles in law school. The Supreme Court’s 1984 decision in Quarles established the public safety exception—the first and only exception to the requirements of Miranda v. Arizona. But at the time of Quarles’s issuance, no one could have predicted just how big and forgiving the exception would become.

Whereas the defendant in Quarles provided a single response to a single law enforcement question while in custody immediately following his arrest, one of the two 2013 Marathon Bombers, Dzhokhar Tsarnaev, had a dramatically different experience. Four days after the April 15, 2013, Marathon Bombing, Tsarnaev was …

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The Historical Case For Abandoning Strickland, Brian Gallini Dec 2014

The Historical Case For Abandoning Strickland, Brian Gallini

Brian Gallini

Even the Justices considering Strickland v. Washington knew. “[T]his is a big case,” Justice Powell handwrote on the first page of his law clerk’s bench memorandum. Although designed to provide the Sixth Amendment benchmark for effective defense attorney representation, Strickland was an utter failure. Courts nationwide have relied on Strickland to uphold as constitutional criminal defense attorney conduct that includes sleeping through portions of trial, remaining completely silent during the proceedings, mental illness, alcohol use, and drug use - among other troubling examples. The bench, bar, and scholars alike have therefore uniformly proposed reforming the Strickland standard.

But no article …

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Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, Shubhankar Dam Dec 2014

Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, Shubhankar Dam Dec 2014

Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Repromulgation Game, Shubhankar Dam Dec 2014

Repromulgation Game, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam Dec 2014

Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Decentralizing The Amendment Power, Jonathan L. Marshfield Dec 2014

Decentralizing The Amendment Power, Jonathan L. Marshfield

Jonathan Marshfield

The United States Constitution could soon be re-written by the states. Article V of the Constitution authorizes two-thirds of the state legislatures to bypass Congress and demand a convention to initiate federal constitutional amendments addressing any number of issues. States have adopted resolutions calling for a convention to consider amendments that would, among other things, require a balanced federal budget, eliminate life tenure for Supreme Court Justices, constitutionalize universal healthcare, and even invalidate bulwark rulings such as Roe v. Wade. In April 2014, Michigan arguably became the thirty-fourth state to adopt such a resolution, and convention supporters believe that a …

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Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, Shubhankar Dam Dec 2014

Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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A Physician's Apology: An Argument Against Statutory Protection, Nancy L. Zisk Dec 2014

A Physician's Apology: An Argument Against Statutory Protection, Nancy L. Zisk

Nancy L. Zisk

No abstract provided.

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Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez Dec 2014

Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …

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Energy Poverty And The Environment, Carmen G. Gonzalez Dec 2014

Energy Poverty And The Environment, Carmen G. Gonzalez

Carmen G. Gonzalez

Nearly 3 billion people in Asia, Africa, and Latin America (the Energy Poor) face daily hardships due to lack of modern energy for cooking, heating, sanitation, lighting, transportation, and basic mechanical power. Despite their minimal greenhouse gas emissions, the Energy Poor will be disproportionately burdened by the floods, droughts, rising sea levels, and other disturbances caused by climate change. Although climate change has been framed as an issue of climate debt and climate justice, the plight of the Energy Poor has received short shrift in the climate change negotiations. Will efforts to reduce greenhouse gas emissions consign the Energy Poor …

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Food Justice: An Environmental Justice Critique Of The Global Food System, Carmen G. Gonzalez Dec 2014

Food Justice: An Environmental Justice Critique Of The Global Food System, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice is an important framework for understanding the North–South divide in many areas of international law and policy, including energy, climate, hazardous wastes, and food. An environmental justice analysis makes visible the ways in which the global North benefits from unsustainable economic activity while imposing the environmental consequences on the global South and on the planet's most vulnerable human beings, including women, racial and ethnic minorities, indigenous peoples, and the poor. This chapter applies an environmental justice analysis to the global food system, analyzes the underlying causes of the inequities in food production and consumption, and outlines several strategies …

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Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez Dec 2014

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez

Carmen G. Gonzalez

The failure of international law and institutions to address global environmental degradation has significant implications for law and society as the planet’s ecosystems approach irreversible tipping points. According to a recent study published in the journal Science, the global economy has transgressed four of the nine “planetary boundaries” critical to the planet’s self-regulating capacity. Climate change, deforestation, species extinction, and the runoff of phosphorus and nitrogen into regional watersheds and oceans have exceeded safe biophysical thresholds. Scientists refer to the current geologic era of human-induced environmental change as the Anthropocene. These environmental problems are inextricably intertwined with patterns of trade, …

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Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon Dec 2014

Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

The Brazilian system of social security rights might be understood from four diferents stages. Three of them yet experienced and one still under development. The first one is the legislative model of pension rights and health rights from the pre-constitutional period. The second one is the constitutional design for social security rights, as set forth by the National Constituent Assembly (1987-88). The third is a liberal model regulating the constitutional rights during the nineties. The fourth is the social security human rights oriented model which is still under development, based upon political critics to the third model and underpinned upon …

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Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet Dec 2014

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

Christopher K. Odinet

During the housing crisis banks were confronted with a previously unknown number mortgage foreclosures, and even as the height of the crisis has passed lenders are still dealing with a tremendous backlog. Overtime lenders have increasingly engaged third party contractors to assist them in managing these assets. These property management companies — with supposed expertise in the management and preservation of real estate — have taken charge of a large swathe of distressed properties in order to ensure that, during the post-default and pre-foreclosure phases, the property is being adequately preserved and maintained. But in mid-2013 a flurry of articles …

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Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …

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Judging Multidistrict Litigation, Elizabeth Chamblee Burch Dec 2014

Judging Multidistrict Litigation, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

High-stakes multidistrict litigations saddle the transferee judges who manage them with an odd juxtaposition of power and impotence. On one hand, judges appoint and compensate lead lawyers (who effectively replace parties’ chosen counsel) and promote settlement with scant appellate scrutiny or legislative oversight. But on the other, without the arsenal class certification once afforded, judges are relatively powerless to police the private settlements they encourage. Of course, this power shortage is of little concern since parties consent to settle. Or do they? Contrary to conventional wisdom, this Article introduces new empirical data revealing that judges appoint an overwhelming number of …

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Criminal Law (Volume Ii), Jamie Cameron Dec 2014

Criminal Law (Volume Ii), Jamie Cameron

Jamie Cameron

Course Number 1040

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Desarrollo Humano, Economía Y Democracia En Guanajuato, Fernando Barrientos Del Monte (Coordinador) Dec 2014

Desarrollo Humano, Economía Y Democracia En Guanajuato, Fernando Barrientos Del Monte (Coordinador)

Fernando Barrientos Del Monte

Dada la relevancia que el trabajo en equipo ha adquirido en la ciencia contemporánea, el estudio de la realidad social en el estado es de gran importancia para comprender los distintos aspectos relacionados con la actividad pública. Guanajuato como su Universidad ha experimentado cambios, acelerados en algunos sectores sobre todo en la economía, de manera lenta en otros, como por ejemplo en el ámbito social y político. Como otras comunidades, los cambios son producto de la combinación de inercias e influencias externas y de elementos endógenos. ¿Cómo identificar esos cambios?; ¿De qué manera valorarlos y evaluarlos?; ¿Cuáles han sido y …

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