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Feminist Legal Theory: A Primer, Nancy Levit, Robert R.M. Verchick, Nancy Levit, Robert R.M. Verchick 2015 University of Missouri - Kansas City, School of Law

Feminist Legal Theory: A Primer, Nancy Levit, Robert R.M. Verchick, Nancy Levit, Robert R.M. Verchick

Robert R.M. Verchick

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism ...


Keepings, Donald J. Kochan 2015

Keepings, Donald J. Kochan

Donald J. Kochan

Individuals usually prefer to keep what they own; property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. Just as we hold affection and attachment for our memories, captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me” approach to property ownership.

We often focus on the means of acquisition or transfer in property law. We look less often at the legal rules that support one’s ability to keep what one owns. Yet, it ...


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee 2015 Singapore Management University

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success ...


The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters 2015 Seattle University School of Law

The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters

Seattle University Law Review

Universal jurisdiction is the progressive and contentious legal principle that courts have competence to adjudicate cases involving alleged violations of international law regardless of the nation in which those crimes occurred, the nationality of the victim, or the nationality of the perpetrator. While the limits of more conventional theories of jurisdiction are defined by sovereignty, territory, and nationality, the exercise of universal jurisdiction is based solely on the nature of the crime alleged. That is, when a crime is so serious that it violates peremptory norms of international law, courts are entitled, or even obliged, to hear those cases regardless ...


Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu 2015 Seattle University School of Law

Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu

Seattle University Law Review

A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis ...


The Standing Of The Public Interest, Amitai Etzioni 2015 Barry University School of Law

The Standing Of The Public Interest, Amitai Etzioni

Barry Law Review

No abstract provided.


Cláusulas De Indemnidad En La Responsabilidad Contractual, Renzo E. Saavedra Velazco, Renzo E. Saavedra Velazco 2015 Pontificia Universidad Católica del Perú

Cláusulas De Indemnidad En La Responsabilidad Contractual, Renzo E. Saavedra Velazco, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

Se efectúan algunos comentarios sobre las cláusulas de indemnidad.


The Importance Of Social Activism To A Fuller Concept Of Law, Joseph Asomah 2015 University of Saskatchewan

The Importance Of Social Activism To A Fuller Concept Of Law, Joseph Asomah

Western Journal of Legal Studies

Legal positivists like H.L.A. Hart assert that law does not require morality to exist; in fact it insists on the separation of law and morality. Relying on Lon Fuller, this article argues against that proposition by suggesting that morality is necessarily part of law. Using Pierre Bourdieu’s theory of field and capital, which suggests that social values are inherently a part of law, this article argues that the positivist view of law has a deficient theory of justice that can be used to secure injustice against disadvantaged groups in society. In this way, I conceptualize law as ...


The Case For An Inclusive Human Right To Property: Social Importance And Individual Self-Realization, Laura Dehaibi 2015 University of McGill

The Case For An Inclusive Human Right To Property: Social Importance And Individual Self-Realization, Laura Dehaibi

Western Journal of Legal Studies

Using a historical and analytical approach, this paper explores the dual nature of the human right to property, which is protected in Article 17 of the Universal Declaration of Human Rights (UDHR). I argue that to approach property as a mere individual and negative right—the dominant view in Western legal practice—leads to obscuring the social dimension of property, which has been repeatedly affirmed in legal, political, and economic theory, as well as in historical practice. The contemporary omission of this social function in legal discourses tends to undermine the fulfillment of core needs of the community through property ...


Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos 2015 Universidad Nacional de La Matanza

Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos

Lopez-Pablos, Rodrigo

Repasando elementos de economía comunitaria, solidaría y de la información, se construyen abstracciones teóricas fundamentales en una proto-explicación del rol de la información y el tiempo en la explicación del hecho económico digital y convencional. Infoagregadamente, se sitúa a la emisión informacional como expresión ontológica micro y macroinformática individual y colectiva del ser: el aseguramiento de la infodiversidad civilizatoria generacional; luego, se argumenta sobre la falacia filosófica computacional cognoscitiva detrás de una presunción teórica conceptual equivocada en el estudio y aplicación de lógicas artificiales: su potencial real para la generación de conocimiento híbrido y la creación de conocimiento sin precedentes ...


“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. van Dijk 2015 Concordia University of Edmonton

“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. Van Dijk

Accessus

This article discusses the use of the legal maxim necessity knows no law in the works of William Langland and John Gower. Whereas Langland’s usage has stirred up great controversy, Gower’s unique application of the canon law adage has received hardly any attention. On the surface, it is difficult to think of two authors less alike, and the way in which they relate the concept of necessity to different subjects (the poverty debate, fin amour) seems to support that feeling. Yet this article argues that reading Langland and Gower side by side is mutually illuminating. Specifically, this article ...


Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs 2015 Rutgers University - Camden

Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs

Indiana Law Journal

This Article employs William Eskridge and John Ferejohn’s theory of superstatutes as a tool to argue that administrative common law that contradicts or ignores the Administrative Procedure Act (APA) is illegitimate. Eskridge and Ferejohn conceive of statutes that emerge from a lengthy, public debate and take on great normative weight over time as “superstatutes.” Superstatute theory highlights the deficiency in deliberation about the meaning of the APA. The APA bears all the hallmarks of a superstatute. Unlike the typical federal superstatute, however, the APA is not administered by a single agency. Thus, to respect and encourage the civic-republican style ...


Is Access To Justice A Right Or A Service?, Steven Rares 2015 Australian Centre for Justice Innovation

Is Access To Justice A Right Or A Service?, Steven Rares

Access to Justice

The courts are and must be open to all so that they can perform their constitutional function, expressed in the judicial oath, of doing right to all manner of people, without fear or favour, affection or ill-will. Access to justice must be a meaningful reflection of equality of all persons before the law. No member of our community should be required to pay substantial, arbitrarily set fees to governments for that right.

Justice Steven Rares.

1. The courts are and must be open to all so that they can perform their constitutional function, expressed in the judicial oath, of doing ...


Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles 2015 University of Georgia School of Law

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.


The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling 2015 University of Georgia School of Law

The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling

Georgia Journal of International & Comparative Law

No abstract provided.


The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy 2015 University of Georgia School of Law

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward 2015 University of Georgia School of Law

Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward

Georgia Journal of International & Comparative Law

No abstract provided.


Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky 2015 Touro College Jacob D. Fuchsberg Law Center

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston 2015 Touro College Jacob D. Fuchsberg Law Center

Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston

Touro Law Review

No abstract provided.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


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