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Articles 1 - 8 of 8
Full-Text Articles in Law
Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev
Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev
Review of law sciences
The article discusses the theoretical basis of implementation of one of the goals of punishment, namely the prevention of crime. It also examines the philosophical and historical assumptions of the definition of the purpose of punishment, and the effectiveness of the modern penal system and practices of their purpose from the point of view of achieving the goal of crime prevention. The attention is focused on the low efficiency of crime prevention on the part of the convicted person (special prevention) on the basis of the indicator of the level of recurrence of crimes. It is stated that the reason …
Iran Sanctions: A Compliance Perspective The Promise And Peril Of Entering The Islamic Republic, Talib Amir
Iran Sanctions: A Compliance Perspective The Promise And Peril Of Entering The Islamic Republic, Talib Amir
Fordham Journal of Corporate & Financial Law
U.S. sanctions against Iran have limited trade between foreign and Iranian companies for decades. The 2015 nuclear agreement eased sanctions by widening the scope of permitted business dealings, but brought attendant risks to foreign companies considering venturing into Iran. This Essay proposes that companies can employ a risk-reward model to assess whether the opportunity posed by a proposed venture justifies the risks of violating sanctions laws. The Essay suggests that companies can create a model by categorizing and quantifying the likely benefits of a business deal and compare the opportunity with risks, after implementing processes to limit specific risks. The …
Sometimes, Old Rules Know Best: Returning To Common Law Conceptions Of The Duty To Preserve In The Digital Information Age, Robert Keeling
Sometimes, Old Rules Know Best: Returning To Common Law Conceptions Of The Duty To Preserve In The Digital Information Age, Robert Keeling
Catholic University Law Review
Courts and drafters of the Federal Rules of Civil Procedure have struggled to define a defendant’s duty to preserve electronically stored information for upcoming litigation. The current standard creates an unworkable standard. Defendants, especially corporations, are tasked with preserving immense amount of data before a suit is even filed. The costs, both financial and personnel, of complying with the current system are substantial. What’s more, defendants face serve sanctions, including hefty fines and adverse inference instructions, if they fail to preserve all the necessary data.
The lack of consistency across the Circuits as well as the substantial costs that under …
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley
Journal of Intellectual Property Law
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Vanderbilt Journal of Transnational Law
This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility of administrative enforcement with the potential de facto criminal nature of administrative fines under European law and (2) evaluating the trade-offs between an administrative and a criminal model of enforcement. Although a "panoply" of sanctions against both corporations and individuals may be necessary under a …
Understanding Administrative Sanctioning As Corrective Justice, Eithan Y. Kidron
Understanding Administrative Sanctioning As Corrective Justice, Eithan Y. Kidron
University of Michigan Journal of Law Reform
When should a regulator prefer criminal sanctions over administrative sanctions? What procedural protections should apply if a process is labeled civil but the sanctions are, in fact, criminal in type? And can the state justifiably conduct parallel proceedings for punitive sanctions against the same person or entity for the same conduct?
Throughout the years, judges and scholars alike have tried to understand and classify administrative sanctioning. Common to all of these conceptions is their failure to provide a complete normative framework for this unique body of law, which in turn makes it difficult to identify its practical limits and to …
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility, Alexander B. Traum
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility, Alexander B. Traum
Touro Law Review
No abstract provided.
Rule 8.4 And The First Amendment: Distinguishing Between Discrimination And Free Speech, Rebecca Aviel
Rule 8.4 And The First Amendment: Distinguishing Between Discrimination And Free Speech, Rebecca Aviel
Sturm College of Law: Faculty Scholarship
The ABA's recent adoption of Model Rule 8.4(g), making it sanctionable for lawyers to engage in discrimination or harassment, has garnered a great deal of attention, much of it focused on whether the rule violates an attorney's right to free speech. This article attempts to bring clarity to the discussion. It emphasizes the significance of claiming, as some have done, that the rule is facially invalid because it is overbroad, and then engages in the close textual analysis necessary to evaluate claims of overbreadth. This analysis yields important insight about how the rule might be revised to better reflect the …