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Legal Writing and Research Commons

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Journal

2016

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 88

Full-Text Articles in Legal Writing and Research

A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett Nov 2016

A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett

Maryland Law Review

No abstract provided.


Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito Oct 2016

Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito

Michigan Business & Entrepreneurial Law Review

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …


Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz Oct 2016

Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz

Michigan Journal of Environmental & Administrative Law

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.

Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …


Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii Oct 2016

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.


Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law Sep 2016

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin Sep 2016

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …


Kain V. Department Of Environmental Protection, Sarah M. Danno Aug 2016

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Books Received Jul 2016

Books Received

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: A Treatise On International Criminal Law. 2 Vols. Edited By Cherif Bassioni And Ved P. Nanda. Springfield, Illinois: Charles C. Thomas, Publisher, 1973., Samuel M. Davis Jul 2016

Book Review: A Treatise On International Criminal Law. 2 Vols. Edited By Cherif Bassioni And Ved P. Nanda. Springfield, Illinois: Charles C. Thomas, Publisher, 1973., Samuel M. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Membership And Nonmembership In The International Monetary Fund. By Joseph Gold. Washington, D.C.: International Monetary Fund, 1974., Paul C. Szasz Jul 2016

Book Review: Membership And Nonmembership In The International Monetary Fund. By Joseph Gold. Washington, D.C.: International Monetary Fund, 1974., Paul C. Szasz

Georgia Journal of International & Comparative Law

No abstract provided.


Books Received Jul 2016

Books Received

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: International Protection Of Human Rights. By Louis B. Sohn And Thomas Buergenthal. Indianapolis, Indiana. Bobbs-Merrill Co. 1973., W. Paul Gormley Jul 2016

Book Review: International Protection Of Human Rights. By Louis B. Sohn And Thomas Buergenthal. Indianapolis, Indiana. Bobbs-Merrill Co. 1973., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack Jul 2016

Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack

Georgia Journal of International & Comparative Law

No abstract provided.


Editors’ Page, Editors Jul 2016

Editors’ Page, Editors

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Jul 2016

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Index: Volumes 1 - 4 Jun 2016

Index: Volumes 1 - 4

Georgia Journal of International & Comparative Law

No abstract provided.


Books Received, Georgia Journal Of International And Comparative Law Jun 2016

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole Jun 2016

Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam Jun 2016

Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam

Georgia Journal of International & Comparative Law

No abstract provided.


The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn Jun 2016

The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn

Michigan Business & Entrepreneurial Law Review

In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.


Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen Jun 2016

Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen

Michigan Business & Entrepreneurial Law Review

Doug Kahn’s love of tax law appears to be contagious. His wife was a tax lawyer, his son is now a tax law professor, and even his daughter in law is a tax lawyer. Doug may have caught the “tax disease” from his elder brother, who was also a leading tax lawyer. In politics, we have the Kennedys, the Bushes, and the Clintons; in the world of tax law, we have the Kahn family dynasty. One can only assume that the discussions around the family Thanksgiving table sliced and diced tax regulations and policies right along with the turkey and …


Books Received, Georgia Journal Of International And Comparative Law Jun 2016

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Jubilee Book 1923-1973. Edited By R.J. Dupuy. Leyde, Holland: A.W. Sijthoff, 1973. Pp. 277., Gabriel M. Wilner Jun 2016

Book Review: Jubilee Book 1923-1973. Edited By R.J. Dupuy. Leyde, Holland: A.W. Sijthoff, 1973. Pp. 277., Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Jun 2016

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

Note that this Table of Contents lists "Editor's Page" at page iii. The actual print edition does not include this page.


Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark Jun 2016

Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy Jun 2016

Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy

Georgia Journal of International & Comparative Law

No abstract provided.


Masthead With Managing And Editorial Boards 1972-1973 Jun 2016

Masthead With Managing And Editorial Boards 1972-1973

Georgia Journal of International & Comparative Law

No abstract provided.


Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas Jun 2016

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …


Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney Jun 2016

Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney

Nevada Law Journal

No abstract provided.


Equality Writ Large, Phyllis Goldfarb Jun 2016

Equality Writ Large, Phyllis Goldfarb

Nevada Law Journal

No abstract provided.