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Full-Text Articles in Law

Oversight Of U.S. Trade Preference Programs: Hearing Before The S. Comm. On Finance, 110th Cong., June 12, 2008 (Statement Of Andrew Small, Adjunct Prof. Of Law, Geo. U. L. Center), Andrew Small Jun 2008

Oversight Of U.S. Trade Preference Programs: Hearing Before The S. Comm. On Finance, 110th Cong., June 12, 2008 (Statement Of Andrew Small, Adjunct Prof. Of Law, Geo. U. L. Center), Andrew Small

Testimony Before Congress

No abstract provided.


Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson Jun 2008

Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s motion to correct an illegal sentence.


Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page Jun 2008

Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page

NULR Online

No abstract provided.


The Brits Do It Better, David Cole Jun 2008

The Brits Do It Better, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson Jun 2008

Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count of mid-level trafficking in a controlled substance.


Summary Of In Re Assad., 124 Nev. Adv. Op. No. 38, Candace Oranges Jun 2008

Summary Of In Re Assad., 124 Nev. Adv. Op. No. 38, Candace Oranges

Nevada Supreme Court Summaries

On appeal from the Nevada Commission on Judicial Discipline, the Nevada Supreme Court considers whether, in the disciplinary proceedings for Las Vegas Municipal Judge George Assad, the Commission properly denied admission of Judge Assad’s proposed judicial ethics expert testimony; whether the Commission’s actions during the proceedings denied Judge Assad due process; whether the record demonstrates clear and convincing evidence to support the Commission’s finding that Judge Assad violated Canon 2A; and whether the Commission properly imposed a public censure against Judge Assad for violations of the Code of Judicial Conduct.


Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber Jun 2008

Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber

Nevada Supreme Court Summaries

Appeal from three consolidated district court judgments, and from post-judgment orders denying a new trial and awarding attorney’s fees and costs.


June 12, 2008: The New Face Of Islam, Bruce Ledewitz Jun 2008

June 12, 2008: The New Face Of Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Face of Islam “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns Jun 2008

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


The Remand That Made The Court Expand, Maxwell L. Stearns Jun 2008

The Remand That Made The Court Expand, Maxwell L. Stearns

Maxwell L. Stearns

No abstract provided.


Police Processes And Human Rights:An Indian Criminal Procedure Analysis, Abhishek Bharti Jun 2008

Police Processes And Human Rights:An Indian Criminal Procedure Analysis, Abhishek Bharti

Abhishek Bharti

Across the world there is a revamping of institutions of Government in the light of the well–recognized human rights standards. Human Rights are inherent in a person by virtue of his/her being a human. They comprise both civil and political rights as well as economic, social and cultural rights. Criminal justice as a vital institution is also reoriented in the same spirit. However, there are problems of human rights violations by criminal justice agencies. Thus, the operational styles of the public institutions should be geared to respond to the needs of the good governance and that is assured by the …


Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns Jun 2008

Why Should Lawyers Care About Institutional Data On Courts?, Maxwell L. Stearns

Maxwell L. Stearns

In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors Harold Spaeth and Jeffrey Segal provide a brief and valuable overview of the two Supreme Court databases, with a particular focus on how those databases might be of use to those with professional legal training, namely law professors, lawyers, and perhaps also judges. In this comment, I will describe what I consider to be the limitations, and uses, of such data for those of us trained in law, and who most likely will lack the rigorous social science background familiar to most present users of …


Efficiency In Registration Systems: A Comparative Study, Celia Martinez-Escribano Jun 2008

Efficiency In Registration Systems: A Comparative Study, Celia Martinez-Escribano

Celia Martinez-Escribano

Real estate transactions require an accurate knowledge of the legal situation of the land. However, it is impossible to know it just by the physical examination of property. It is necessary to establish a mechanism of disclosure of property rights, and for this reason, every country has set up its own system and provides the desired information in a different way. Not all systems work in the same way nor achieve the same results. Traditionally, these systems have been classified in Europe as title registration and register of deeds. The last one exists in United States too, but has been …


The Concept Of Renvoi In The Conflict Of Laws, Abhishek Bharti Jun 2008

The Concept Of Renvoi In The Conflict Of Laws, Abhishek Bharti

Abhishek Bharti

Being one of the most theoretically challenging concepts in private international law, generations of conflict-of-laws scholars have debated the question and concept of Renvoi. It is the instant topic under study in the due course of the research paper.In precise terms, when the choice of law process points a forum court to another jurisdiction's law, the question that arises is: how much of that other jurisdiction’s laws should apply? Does the reference to the other law include that jurisdiction's choice of law principles, or, alternatively, does it include only the jurisdiction's "internal law" principles? If the reference includes both internal …


Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron Jun 2008

Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron

David D. Caron

No abstract provided.


Interview With Estelle Lavoie By Andrea L’Hommedieu, Estelle A. Lavoie Jun 2008

Interview With Estelle Lavoie By Andrea L’Hommedieu, Estelle A. Lavoie

George J. Mitchell Oral History Project

Biographical Note
Estelle Lavoie was born in Lewiston, Maine, on November 23, 1949, and grew up there, the youngest of three children. Her father worked as a building contractor until his death in 1964, after which her mother worked part-time as a bank teller. Estelle attended Lewiston public schools and was graduated from Bates College (class of 1971), spending her junior year studying in Switzerland. At the end of 1972, she went to work for Governor Ken Curtis. By September of 1973, she had been hired as part of Senator Ed Muskie’s staff, working first as a caseworker and eventually …


Hedging Bets On Employees' Futures: Is Investing Pension Fund Assets In Hedge Funds A Breach Of Fiduciary Duty?, Maureen Whalen Jun 2008

Hedging Bets On Employees' Futures: Is Investing Pension Fund Assets In Hedge Funds A Breach Of Fiduciary Duty?, Maureen Whalen

Maureen McGreevy

Despite the fact that hedge funds remain an enigma to the majority of the country, more and more Americans are investing in them each year. Many of these new investments are direct investments in hedge funds made by wealthy investors who have enough assets to meet the minimum investment requirements set by funds. Increasingly, however, many others who do not meet these requirements are investing in funds nonetheless through various forms of indirect investments. Some of these indirect investments are made intentionally by investors who actively seek out the chance to participate in hedge funds, such as, for example, by …


Brief Of Amici Curiae American Academy Of Pediatrics Et Al. In Support Of Neither Party, Federal Communications Commission V. Fox Television Stations, No. 07-582 (U.S. June 9, 2008), Angela J. Campbell, Coriell Wright Jun 2008

Brief Of Amici Curiae American Academy Of Pediatrics Et Al. In Support Of Neither Party, Federal Communications Commission V. Fox Television Stations, No. 07-582 (U.S. June 9, 2008), Angela J. Campbell, Coriell Wright

U.S. Supreme Court Briefs

No abstract provided.


June 9, 2008: More On Michael Hampson, Bruce Ledewitz Jun 2008

June 9, 2008: More On Michael Hampson, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on Michael Hampson “ is a discussion including politics, theology and the law in relation to religion and public life the American democracy.


Passport Files: Privacy Protection Needed For All Americans: Hearing Before The S. Comm. On The Judiciary, 110th Cong., July 10, 2008 (Statement Of Marc Rotenberg, Adjunct Prof. Of Law, Geo. U. L. Center), Marc Rotenberg Jun 2008

Passport Files: Privacy Protection Needed For All Americans: Hearing Before The S. Comm. On The Judiciary, 110th Cong., July 10, 2008 (Statement Of Marc Rotenberg, Adjunct Prof. Of Law, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

No abstract provided.


Invasions Of Conscience And Faked Apologies, Stephanos Bibas Jun 2008

Invasions Of Conscience And Faked Apologies, Stephanos Bibas

All Faculty Scholarship

This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on …


A Question Of Character, Susan Harris Rimmer Jun 2008

A Question Of Character, Susan Harris Rimmer

Susan Harris Rimmer

IN 500BC, Heraclitus of Ephesus wrote that "a man's character is his destiny". Philosophers have been puzzling over the role that character plays in a person's life ever since, and wondering how to define the inherent complex of attributes that may determine a person's moral and ethical actions and reactions. Nevertheless, like many complex human phenomena, character has long been codified and defined by law. A character test is traditionally applied to decide whether a person should be granted some kind of privilege - for example, a visa, citizenship, or an important job. When trying to judge character, the evidence …


Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh Jun 2008

Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh

Faculty Scholarship

The alternative process of mediation is now well-institutionalized and widely (though not universally) perceived to save time and money and satisfy lawyers and parties. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand the problem to be addressed in personal injury, employment, contract, medical malpractice and other ordinary civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that litigation issues …


Fcc Should Get With The Times, Erik Ugland Jun 2008

Fcc Should Get With The Times, Erik Ugland

Erik Ugland

No abstract provided.


In The Name Of Efficiency, Scott Shackelford Jun 2008

In The Name Of Efficiency, Scott Shackelford

Scott Shackelford

India, the most populous and diverse democracy in the world, has a legal system to match. This system, a composition of ancient Hindi panchayats (village assemblies), Islamic law, and a formal British judiciary, has long been under immense strain, stifling economic competiveness and the pursuit of justice alike. As Lord Delvin famously quipped “If our business methods were as antiquated as our legal methods we should be a bankrupt country.” There are currently nearly 25 million cases pending in Indian courts, some of which have been appealed and argued for more than 20 years. Meanwhile, India spends only .2 percent …


Tierras Sin Dueños: The Effect Of Cuba’S Foreign Investment Scheme On United States’ Certified Property Claims, Megan Elizabeth Haas Jun 2008

Tierras Sin Dueños: The Effect Of Cuba’S Foreign Investment Scheme On United States’ Certified Property Claims, Megan Elizabeth Haas

Megan E Haas

This comment seeks to analyze the current trend in foreign investment in Cuba and its effects on the potential settlement of U.S. certified property claims. Furthermore, this article will present a unique alternative for settling the property claims that will benefit both Cuba and U.S. commercial interests. The current state of foreign investment in Cuba presents a catch-22 for investors because the property system is so encumbered as to make it unattractive to invest in Cuba, although some companies are beginning to see the benefits and reap the rewards. As a result of recent political changes on the island, the …


June 7, 2008: Michael Hampson: God Without God, Bruce Ledewitz Jun 2008

June 7, 2008: Michael Hampson: God Without God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Michael Hampson: God Without God “ is a discussion including politics, theology and the law in relation to religion and public life the American democracy.


Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder Jun 2008

Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder

Briefings, Hearings, and Congressional Study Group

Dear Colleague letter written by members of Congress, Emanuel Cleaver and Mark Souder for the event: Workplace Flexibility and Religion held June 6, 2008.


Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron Jun 2008

Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron

David D. Caron

No abstract provided.


The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young Jun 2008

The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young

Georgetown Environmental Law & Policy Institute Papers & Reports

This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies …