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United States

2014

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Articles 1 - 30 of 163

Full-Text Articles in Law

The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies Dec 2014

The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies

Georgia Journal of International & Comparative Law

No abstract provided.


Abolishing State Trademark Registrations, Lee Ann Lockridge Dec 2014

Abolishing State Trademark Registrations, Lee Ann Lockridge

Lee Ann W. Lockridge

No abstract provided.


Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green Dec 2014

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


No Guarantee The Us Won’T Torture Again, Lauren Carasik Dec 2014

No Guarantee The Us Won’T Torture Again, Lauren Carasik

Media Presence

No abstract provided.


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali Dec 2014

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm Dec 2014

Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm

Robert G. Schwemm

This Article deals with Cox v. City of Dallas, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n, and the issue of whether the Federal Fair Housing Act (FHA) should be interpreted to outlaw discrimination in the provision of services by local governments. Part I describes the Cox litigation and its connection with Halprin. Part II surveys the pre-Cox cases that have dealt with discriminatory municipal services. Part III analyzes the FHA's relevant provisions and their legislative history and concludes that Cox and Halprin were wrong to deny FHA protection to current residents. Part IV builds ...


Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny Dec 2014

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but ...


Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender Dec 2014

Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender

H. Allan Hunt

No abstract provided.


Rules Against Rulification, Michael Coenen Dec 2014

Rules Against Rulification, Michael Coenen

Journal Articles

The Supreme Court often confronts the choice between bright-line rules and open-ended standards — a point well understood by commentators and the Court itself. Far less understood is a related choice that arises once the Court has opted for a standard over a rule: May lower courts develop subsidiary rules to facilitate their own application of the Supreme Court’s standard, or must they always apply that standard in its pure, un-“rulified” form? In several recent cases, spanning a range of legal contexts, the Court has endorsed the latter option, fortifying its first-order standards with second-order “rules against rulification.” Rules ...


Symposium On The Challenges Of Electronic Evidence, Daniel C. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Suttom, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe Dec 2014

Symposium On The Challenges Of Electronic Evidence, Daniel C. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Suttom, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe

Faculty Publications

No abstract provided.


Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner Nov 2014

Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart Nov 2014

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan Nov 2014

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For The United States Joining The Covenant Family, Alfred De Zayas Nov 2014

The Potential For The United States Joining The Covenant Family, Alfred De Zayas

Georgia Journal of International & Comparative Law

No abstract provided.


United States Ratification Of The United Nations Covenants, Richard B. Lillich Nov 2014

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab Nov 2014

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.


United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn Nov 2014

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner Nov 2014

Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont Nov 2014

Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont

Pace International Law Review

The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions ...


Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley Nov 2014

Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley

Pace International Law Review

The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the ...


Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol Nov 2014

Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol

D. Daniel Sokol

The potential goals of antitrust are numerous. Goals matter to antitrust. We believe that it is total welfare rather than consumer welfare that should drive antitrust analysis. We use this Article as an opportunity to explore both a comparative analysis of welfare standards across E. U. and US. competition systems and the impact of welfare standards on global antitrust systemwide welfare.

In this Article, we analyze two types of situations in which there would be a different outcome based on the goal implemented. One scenario involves resale price maintenance (RPM). For RPM, we argue that even if there were a ...


Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik Nov 2014

Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik

Media Presence

No abstract provided.


United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom Nov 2014

United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom

Seattle University Law Review

Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past ...


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack Nov 2014

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


Release Senate Report On Cia Torture Program, Lauren Carasik Nov 2014

Release Senate Report On Cia Torture Program, Lauren Carasik

Media Presence

No abstract provided.


County Court, Westchester County, People V. Gant, Albert V. Messina Jr. Nov 2014

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Barnville, David Schoenhaar Nov 2014

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Cespedes, Kathleen Egan Nov 2014

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger Nov 2014

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris Nov 2014

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.