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Full-Text Articles in Law

To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese Mar 2018

To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese

Maine Law Review

The law is the cornerstone of our society, one of the pillars of civilization, the very “witness … of our moral life.” In the words of former Chief Justice Earl Warren, “[t]he greatest issue before the world today is law.” He continued: “But throughout history, and never more than in our own day, the great question has been whether that law was to be compatible with the basic instinct of all human beings for freedom, for opportunity, for dignity and for peace.” At a time when the challenge to realize this essential congruity has never been more pronounced, the soul ...


Law Beyond The State And The Renewal Of Legal Spaces, Bamdad Shams Feb 2018

Law Beyond The State And The Renewal Of Legal Spaces, Bamdad Shams

Bamdad Shams

The aim of this paper is to describe and analyse the lawmaking activities of powerful non-state actors at the global level and to demonstrate how 'private' law-makers can affect our traditional understanding of law and justice. Traditionally, law and justice are associated with state law and state legal orders. However, today this nexus becomes questionable because law  is also produced by global non-state actors such as  multinational corporations  (MNCs), NGOs  and hybrid associations.  These powerful private actors have their own legal orders, their own institutions, their own constitutions, their own normative bodies, their own dispute resolution mechanisms — all of these ...


Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov Feb 2018

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.


Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte Feb 2018

Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte

DePaul Journal of Women, Gender and the Law

No abstract provided.


Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq. Feb 2018

Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.

DePaul Journal of Women, Gender and the Law

No abstract provided.


What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower Feb 2018

What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower

DePaul Journal of Women, Gender and the Law

No abstract provided.


Traduction De « Has Capitalism Failed In Law? » (1937) Par Hermann Kantorowics, Matthieu Forlodou Feb 2018

Traduction De « Has Capitalism Failed In Law? » (1937) Par Hermann Kantorowics, Matthieu Forlodou

Matthieu Forlodou

This translation attempt of: Hermann Kantorowicz, Has Capitalism Failed in Law? (1937), is part of a series of translations of texts written by major legal scholars (American, English, German mainly) during the inter-war period at a time when capitalism was vigourously debated in the context of both communist and facist states in the world.
The main idea behind this project is to give a view of the main practical and theoretical issues as well as the basic arguments that historically - in the aftermath of the Second World War- formed the international background of the debate about the present and future ...


Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum Feb 2018

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.


The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson Feb 2018

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal on Sexual Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization ...


The Dilemma Of The Energy Law And Policy Triangle In Recent Energy Laws And Policies In Bangladesh-Hydro-Nepal 2018.Pdf Jan 2018

The Dilemma Of The Energy Law And Policy Triangle In Recent Energy Laws And Policies In Bangladesh-Hydro-Nepal 2018.Pdf

RAISUL ISLAM SOURAV

The energy law and policy triangle are a complex area where energy law and policy are situated at the centre of a triangle and three other inalienable horns relating to this i.e. energy supply and energy security, cost relating to production of energy and environmental protection and preservation equally pull energy law and policy towards their direction. However, the energy law and policy emerge as a concern all over the world and states are taking initiative to ensure a balance among these three dilemmas. It is the reality that Bangladesh suffers severe shortage in power generation which also affects ...


Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet Jan 2018

Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet

Journal of Intellectual Property Law

No abstract provided.


Briefs On Essentials Of Law Of Torts, Mwakisiki Mwakisiki Jan 2018

Briefs On Essentials Of Law Of Torts, Mwakisiki Mwakisiki

MWAKISIKI MWAKISIKI

Very good


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue Jan 2018

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and ...


Martin's March, David B. Oppenheimer Dec 2017

Martin's March, David B. Oppenheimer

David B Oppenheimer

Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..


Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer Dec 2017

Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer

David B Oppenheimer

In 1968, in the days following King's assassination, Congress passed the Fair Housing Act, prohibiting most housing discrimination based on race, color, religion, or national origin. [...] later that same year, the Supreme Court found that the long-dormant 1866 and 1867 Civil Rights Acts, prohibiting private racial discrimination, which had been ignored since the end of Reconstruction, remained valid. Since 1968, Congress has passed several laws intended to broaden federal civil rights, either to include more groups or, with increasing frequency, simply to reverse Supreme Court decisions.\n (California's statute applies to employers of five or more employees and ...


Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode Dec 2017

Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode

Maine Law Review

Over the last two decades, we have witnessed a transformation for women in law, but not a transformation in leadership positions. Almost 30% of lawyers are women, but they represent only about 15% of federal judges and law firm partners, and about 10% of law school deans and general counsel positions at Fortune 500 companies. The same patterns are apparent in other leadership sectors, such as management and politics. Women are half the electorate but only 15% of Congress and 6% of state governors. They account for about half of managers but only 1% of the Chief Executive Officers of ...


Foreword: Law, Labor And Gender, Jennifer B. Wriggins Dec 2017

Foreword: Law, Labor And Gender, Jennifer B. Wriggins

Maine Law Review

The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law ...


Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs Nov 2017

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.


Benford's Law Analysis Of 8/8/2017 And 26/10/2017 - Presidential Elections Results In The Republic Of Kenya, Nyagudi M. Nyagudi Nov 2017

Benford's Law Analysis Of 8/8/2017 And 26/10/2017 - Presidential Elections Results In The Republic Of Kenya, Nyagudi M. Nyagudi

Nyagudi M Nyagudi, B.Sc. Math & Phy (Nairobi, 1997), M.Sc. Info. Sys. (equiv. 2013), PhD in Military Informatics(OpenPhD, 2016)

Benford's Law Analysis of 8/8/2017 and 26/10/2017 - Presidential Elections Results in the Republic of Kenya


Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2017

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden Oct 2017

Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden

Law School Blogs

No abstract provided.


Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen Oct 2017

Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen

Meir Dan-Cohen

Corporations' first amendment rights have received considerable judicial and scholarly attention in recent years. However, corporate speech cannot be studied adequately in isolation; rather, it is more fruitfully investigated within the broader context of collective speech. The author accordingly presents a theoretical framework for dealing with communications by different types of collectivities. The main distinction is between two paradigm collective entities: organizations and communities. Although it makes sense to ascribe speech to both, the grounds for extending constitutional protection are fundamentally different. Whereas communal speech has in and of itself expressive value that raises the first amendment's primary concerns ...


Doing Deals With Aristotle—Today, Chapin F. Cimino Oct 2017

Doing Deals With Aristotle—Today, Chapin F. Cimino

Seattle University Law Review

This analysis proceeds in six steps. In Part I, this Article sets the stage by describing the problem: while contracting behavior is increasingly complex, contract law and theory remain stubbornly uni-faceted. That is, while contracting and contractors are ever more modern, contract law and theory are ever more traditional. The greater the divide, the less useful contract theory is to contract law, and the less useful contract law is to contractors. This trend does not bode well for the future of contract law or theory. The question is how much of a crisis contract law will have to endure before ...


Teaching International Law: Beyond The Law School Experience, Charlotte Ku Oct 2017

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

Charlotte Ku

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.


News Media As Mediators, Carol Pauli Oct 2017

News Media As Mediators, Carol Pauli

Carol Pauli

No abstract provided.


Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez Oct 2017

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Seattle University Law Review

The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high ...


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn Oct 2017

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice Oct 2017

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Equal Liberty In Proportion, Joshua E. Weishart Oct 2017

Equal Liberty In Proportion, Joshua E. Weishart

William & Mary Law Review

As federal law continues to devolve more education policy making to states, state courts will remain a primary forum for settling education rights. State fora do not inspire confidence, however, because their doctrine is so uncertain. A majority of state supreme courts do not specify a level of scrutiny and at times seem to be improvising judicial review. The resulting decisions can exhibit a troubling lack of foresight. Most notably, while federal doctrine increasingly reveals the interrelation of liberty and equality claims, state courts have failed to capitalize on that point—even though their decisions were among the first to ...