Boston College Law School
Fordham Law School
St. John's University School of Law
University of Missouri School of Law
Berkeley Law
Religious Tribunals And Secular Courts: Navigating Power And Powerlessness,
2015
Pepperdine University
Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin
Pepperdine Law Review
In this article, the author discusses the ways such as common law, and contracts employed by religious systems for navigating their relationship with legal systems of secular states. Topics discussed include the role of religious contracts in helping religious systems negotiate with secularism, the role of religious contracts in protecting autonomy of religious systems, and the structure of marriage and divorce in Jewish law.
Peer-To-Peer File Sharing As User Rights Activism,
2015
University of Western Ontario
Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn
Western Journal of Legal Studies
The pre-digital marketplace is no longer sustainable. With the imposition of digital rights management restrictions on the distribution of media, the Internet cannot promote intellectual freedom. Peer-to-peer file sharing technology helps expose the work of artists and authors to a much wider audience than previously possible. This provides an opportunity for more sales and a greater number of successful artists and authors. Yet corporate copyright owners continue to propagate the “piracy” label to discredit the idea of open access channels. This paper argues that as information professionals, librarians are in a position to promote policy change that revolutionizes the political ...
Permissibility Of Colour And Racial Profiling,
2015
Thompson Rivers University
Permissibility Of Colour And Racial Profiling, James Singh Gill
Western Journal of Legal Studies
Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...
A Case For Canadian Pay Equity Reform,
2015
Western University
A Case For Canadian Pay Equity Reform, Sydney Kruth
Western Journal of Legal Studies
Pay equity must be separated from collective bargaining. An examination of the history of fair pay in unionized workplaces—and the current legal remedies available for pay discrimination—prove that the current strategies to remedy the significant gender pay gap are unsuccessful. Two significant issues hinder pay equity. Pay equity is still subject to collective bargaining in unionized workplaces. The Public Sector Equitable Compensation Act (PSECA) has undermined pay equity. The PSECA embodies the dangers of subjecting pay equity issues to collective bargaining. Canada is taking a regressive approach that disregards the importance of pay equity, despite the known benefits ...
Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities,
2015
Western University
Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas
Western Journal of Legal Studies
This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...
Copyright And Good Faith Purchasers,
2015
University of Pennsylvania Law School
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
Faculty Scholarship
Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are allowed to freely alienate the property without any restriction. Modern copyright law, however, does just the opposite. Individuals who unknowingly and in good faith purchase property embodying an unauthorized copy of a protected work are altogether precluded from subsequently alienating such property, or risk running afoul of ...
Hague Evidence Convention: A Practical Guide To The Convention, United States Case Law, Convention - Sponsored Review Commissions (1978 And 1985), And Responses Of Other Signatory Nations: With Digest Of Cases And Bibliography,
2015
University of Georgia School of Law
Hague Evidence Convention: A Practical Guide To The Convention, United States Case Law, Convention - Sponsored Review Commissions (1978 And 1985), And Responses Of Other Signatory Nations: With Digest Of Cases And Bibliography, Denise L. Dunham
Georgia Journal of International & Comparative Law
No abstract provided.
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse,
2015
University of Oklahoma
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall
Brian M McCall
Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94,
2014
Nevada Law Journal
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente
Nevada Supreme Court Summaries
The voluntary payment doctrine provides an affirmative defense to a claim for the recovery of money that a plaintiff voluntarily paid. The duress/coercion exception to the voluntary payment doctrine requires the plaintiff show no reasonable alternative to payment existed. Additionally, the defense of property exception requires the plaintiff show an imminent risk of losing the property.
La Patrimonialidad De La Prestación En Los Contratos: Una Revisión Histórica-Comparada,
2014
SelectedWorks
La Patrimonialidad De La Prestación En Los Contratos: Una Revisión Histórica-Comparada, Joshimar De La Cruz Aroni
Joshimar De la cruz Aroni
Comparative Law
A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems,
2014
University of Aberdeen
A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems, C.G. Van Der Merwe
Georgia Journal of International & Comparative Law
No abstract provided.
What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship,
2014
University of Georgia School of Law
What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby
Georgia Journal of International & Comparative Law
No abstract provided.
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications,
2014
University of Detroit Mercy
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison
Georgia Journal of International & Comparative Law
No abstract provided.
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria,
2014
Paul M. Herbert Law Center of Louisiana State University
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World,
2014
University of Hong Kong
Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap
Georgia Journal of International & Comparative Law
No abstract provided.
Qualified Immunity And Statutory Interpretation,
2014
Seattle University School of Law
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Seattle University Law Review
Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity ...
Technology And Family Law Hearings,
2014
Foster LLP
Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar
Western Journal of Legal Studies
Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc,
2014
University of Western Ontario, Law Faculty
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña
Western Journal of Legal Studies
Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa,
2014
Willamette University College of Law
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Georgia Journal of International & Comparative Law
No abstract provided.
