Law Commons^™

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

Four Ways To Better 1l Assessments, Ron M. Aizen

Duke Law Journal

No abstract provided.

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Nova Southeastern Lawyer, Fall 2004, Volume 12, Number 5, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.

Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler

Law and Contemporary Problems

Surely, corporate managers themselves, who must operate within the broader law of business, are aware of the legally imposed duties to protect workders, consumers, and larger communities. Perhaps it is time corporate lawyers caught up to this reality.

Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy

Law and Contemporary Problems

Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Law and Contemporary Problems

The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.

Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield

Law and Contemporary Problems

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

El Derecho En El Lejano Oriente, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

Una brevísima introducción a los elementos más distintivos del Derecho Japonés desde una perspectiva histórica.

Has The Law Made Liars Of Us All?, Don Castleman

ExpressO

The premise of this article is that in the law and in the practice of law there are numerous occasions when there appears to be little regard for the truth; that as television has devoted more and more time to programming about law and courts, the public has been exposed to and infected by this attitude toward truth; that society may have abandoned morality in favor of legality and that this may have contributed to the epidemic of corporate and accounting frauds of the past decade.

The article examines cases which demonstrate the lack of regard for the truth in …

Policy And Praxis: A Role For Latcrit "Institutional-Class Analysis" In Latin American Judicial Reform, Becky Jacobs

College of Law Faculty Scholarship

No abstract provided.

The Common Core Of European Private Law: The Project And Its Books, David J. Gerber

David J. Gerber

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy

San Diego International Law Journal

The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …

Space Law In The 21st Century: Some Thoughts In Response To The Bush Administration's Space Initiative, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

State Anti-Discrimination Law As A Model For Amending The Americans With Disabilities Act, Alex B. Long

Scholarly Works

No abstract provided.

Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney

Scholarly Works

No abstract provided.

Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey

Saint Louis University Law Journal

No abstract provided.

The Metaphysics Of Property: Looking Beneath The Surface Of Regulatory Takings Law After Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, Brian J. Nolan

Saint Louis University Law Journal

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part Two: The Good, The Bad, And The [Very, Very] Ugly And (Its Postscript), A Fistful Of Dollars, Penny White

Scholarly Works

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part One: Words Honoring Chief Justice Carrico, Penny White

Scholarly Works

No abstract provided.

The Erie Doctrine And Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.

The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes

ExpressO

No abstract provided.

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Public Shoreline Access In Maine: A Citizen's Guide To Ocean And Coastal Law, John Duff, Cheryl Daigle

Maine Sea Grant Publications

While Maine boasts thousands of miles of coastline, only a small portion of the state's beaches is publicly owned. But even where coastal property is privately owned, the public still has legal rights to intertidal land for certain traditional uses; many Mainers are familiar with the phrase 'fishing, fowling, and navigation.' This document summarizes the history of several key lawsuits highlighting rights to shoreline access in Maine, and also discusses options for securing public access to the Maine coast.