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Full-Text Articles in Law
Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn
Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn
Robert Kahn
ABSTRACT: Many European opponents of the headscarf view themselves as engaged in a “struggle against totalitarianism.” This article explores an alternative framing: What if Muslims—rather than Nazis or Communists in training—are the more like nineteenth century Catholics, who were seen as a religious threat to European (and U.S.) liberalism? To explore this idea, this article looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century U.S. laws that banned public school teachers from wearing clerical garb. It reaches two tentative conclusions. First, many of the claims made against European Muslims—especially about the “backward” nature …
A United States Marine General Should Replace General Mcchrystal, Christopher C. Cooper Dr.
A United States Marine General Should Replace General Mcchrystal, Christopher C. Cooper Dr.
Christopher C. Cooper Dr.
General McChrystal’s insubordinate statements about the President and Vice President of the United States represent a violation of the Uniform Code of Military Justice (UCMJ). What the Obama administration should take from this unfortunate event is that the top commander in Afghanistan (and in any war for that matter) should be a United States Marine general. Marines stay fit. Marines follow orders. Marine officers set the example. We must be critical of General McChrystal for setting the most abhorrent of examples for the men and women of the U.S. Army.
Not Only Innovation But Also Collaboration, Funding, Goodwill And Commitment: Which Role For Patent Laws In Postcopenhagen Climate Change Action, Estelle Derclaye
Not Only Innovation But Also Collaboration, Funding, Goodwill And Commitment: Which Role For Patent Laws In Postcopenhagen Climate Change Action, Estelle Derclaye
Estelle Derclaye
Patent laws can do their bit to help reduce our greenhouse gas emissions. In 2009, accelerated grant procedures and reduction of fees have been put in place by among others the UK and US patent offices. Private initiatives such as the eco-patent commons to licence technology free of charge have been taken. But greening patent law is only a small part of the solution. However well-intentioned all these initiatives are, for several reasons, they may not be sufficient or even at all used. More than intellectual property-related solutions, what will be needed is non-intellectual property-related solutions such as using technology …
The Us-Korea Free Trade Agreement: The Evolution Of Responsible Trade And A Reflection On What Lies Ahead, Nicole D. Skibola
The Us-Korea Free Trade Agreement: The Evolution Of Responsible Trade And A Reflection On What Lies Ahead, Nicole D. Skibola
Nicole D Skibola
This paper addresses residual problems in the US-Korea Free Trade Agreement, with regard to the Agreement’s labor provisions in Article 19. Alternatives are proposed in response to remaining issues including the status of Outward Processing Zones and a problematic lack of private firm accountability. First, it is suggested that Annex 22-A, pertaining to Outward Processing Zones, is renegotiated. To address the lack of private firm accountability, three alternate models are offered. The first approach is to follow the Cambodia Textile Agreement model, whereby positive economic incentives are attached to specific strides made in improving labor conditions. The second approach is …
Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti
Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti
Anthony C. Infanti
The debate in the United States over individual versus joint federal income tax filing is at something of a crossroads. For decades, progressive — and, particularly, feminist — scholars have urged us to abolish the joint return in favor of individual filing. On the rare occasion when scholars have described what such an individual filing system might look like, the focus has been on the ways in which the traditional family must be accommodated in an individual filing system. These descriptions generally do not take into account — let alone remedy — the tax system’s ongoing failure to address the …
The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya
The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya
Masayuki Tamaruya
Freezing injunctions are pre-trial orders to restrain a defendant from dealing with his assets so as to forestall his attempt to frustrate the potential money judgment against him. Freezing injunctions have been adopted in most common law jurisdictions as an effective civil remedy to combat attempts by recalcitrant debtors or fraudsters to frustrate potential money judgments by use of ever faster methods of fund transfer. However, in Grupo Mexicano de Desarrollo SA v Alliance Bond Fund Inc, the US Supreme Court by a 5:4 judgment declared that the US District Court does not have the equitable jurisdiction to grant such …