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Articles 1 - 18 of 18

Full-Text Articles in Other Law

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein Dec 2015

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Faculty Scholarship

No abstract provided.


Marriage Equality And The New Maternalism, Cynthia Godsoe Nov 2015

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Religion And Social Coherentism, Nelson Tebbe Nov 2015

Religion And Social Coherentism, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Fiduciary Governance, Andrew S. Gold, Paul B. Miller Nov 2015

Fiduciary Governance, Andrew S. Gold, Paul B. Miller

Faculty Scholarship

No abstract provided.


Reforming Reit Taxation (Or Not), Bradley T. Borden Oct 2015

Reforming Reit Taxation (Or Not), Bradley T. Borden

Faculty Scholarship

No abstract provided.


Abuse And Harassment Diminish Free Speech, Anita Bernstein Oct 2015

Abuse And Harassment Diminish Free Speech, Anita Bernstein

Faculty Scholarship

No abstract provided.


Boundary Work In Environmental Law, Gregg P. Macey Oct 2015

Boundary Work In Environmental Law, Gregg P. Macey

Faculty Scholarship

No abstract provided.


Perfect Plaintiffs, Cynthia Godsoe Oct 2015

Perfect Plaintiffs, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Se(C)(3): A Catalyst For Social Enterprise Crowdfunding, Dana Brakman Reiser, Steven A. Dean Jul 2015

Se(C)(3): A Catalyst For Social Enterprise Crowdfunding, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

No abstract provided.


Dualism And Doctrine, Alex Stein, Dov Fox Jul 2015

Dualism And Doctrine, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.


Reforming The Law Of Reputation, Frank Pasquale Jan 2015

Reforming The Law Of Reputation, Frank Pasquale

Faculty Scholarship

No abstract provided.


Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown Jan 2015

Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson Jan 2015

Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson

Brooklyn Journal of International Law

The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …


Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz Jan 2015

Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz

Brooklyn Journal of International Law

As the current trend of returning looted artifacts to their countries of origin continues to grow, the need for stricter law enforcement and a reevaluation of the 1970 UNESCO Convention and its application has become apparent. Recently, museums and national governments worldwide have engaged in a repatriation dialogue through mutual cooperation with foreign institutions, rather than international litigation, which is both a long and expensive process. This is a result of both a shifting public opinion towards museums, and the growing awareness of the countries of origin regarding the value of their looted cultural heritage. Looted artifacts continue to flood …


The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites Jan 2015

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …


The Feminist Jurisprudence Of Jack Weinstein, Anita Bernstein Jan 2015

The Feminist Jurisprudence Of Jack Weinstein, Anita Bernstein

Faculty Scholarship

No abstract provided.


Religion And Marriage Equality Statutes, Nelson Tebbe Jan 2015

Religion And Marriage Equality Statutes, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Rethinking The Tax-Revenue Effect Of Reit Taxation, Bradley T. Borden Jan 2015

Rethinking The Tax-Revenue Effect Of Reit Taxation, Bradley T. Borden

Faculty Scholarship

No abstract provided.