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Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple 2017 University of Windsor, Faculty of Law

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Law Publications

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan 2016 Florida State University

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflict.  The conversation has scarcely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec, and the Sudan—all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit.  Exploring how various nations have encountered like conflicts, some more and some less successfully, promises to broaden the perspectives ...


Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz 2016 Texas A&M University School of Law

Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz

Sahar F. Aziz

Failing states are havens for terrorism. A toxic combination of social, economic, and political crises attract violent extremist groups to establish bases in these lawless areas. As the groups grow in strength, the violence spreads from the immediate vicinity to the nation, region, and sometimes even other continents. One need only look to the terrorist attacks in New York, London, Madrid, and Paris as proof that terrorists operating out of failing states eventually set their sights on attacking Western capitals. Although the underlying causes of terrorism are often local, the violence is no longer constrained within a particular country or ...


“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen 2016 Georgetown University Law Center

“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen

Patrick Glen

Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .” Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former Second Circuit Judge Henry Friendly expressed just such angst in the introduction to his 1969 Duke Law Journal article, in which he attempted to discern bright-line rules in the Supreme Court’s 1943 SEC v. Chenery decision: “Although when I began my labors, I had the hope of discovering a bright shaft ...


The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen 2016 Georgetown University Law Center

The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen

Patrick Glen

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of ...


Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen 2016 Selected Works

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

Patrick Glen

No abstract provided.


Health Care And The Illegal Immigrant, Patrick J. Glen 2016 Georgetown University Law Center

Health Care And The Illegal Immigrant, Patrick J. Glen

Patrick Glen

The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the uneasy intersection of two contentious debates: health reform and immigration reform. Befitting this place, the rhetoric surrounding the issue has been exponentially heightened by the multiplying effects of combining two vitriolic debates. On one side, it is argued that the United States has a moral obligation to provide health care to all those within its borders needing such assistance. On the other, it is argued with equal force that those illegally present in this country should not be ...


“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen 2016 Georgetown University Law Center

“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen

Patrick Glen

Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .” Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former Second Circuit Judge Henry Friendly expressed just such angst in the introduction to his 1969 Duke Law Journal article, in which he attempted to discern bright-line rules in the Supreme Court’s 1943 SEC v. Chenery decision: “Although when I began my labors, I had the hope of discovering a bright shaft ...


The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen 2016 Georgetown University Law Center

The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen

Patrick Glen

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of ...


Health Care And The Illegal Immigrant, Patrick J. Glen 2016 Georgetown University Law Center

Health Care And The Illegal Immigrant, Patrick J. Glen

Patrick Glen

The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the uneasy intersection of two contentious debates: health reform and immigration reform. Befitting this place, the rhetoric surrounding the issue has been exponentially heightened by the multiplying effects of combining two vitriolic debates. On one side, it is argued that the United States has a moral obligation to provide health care to all those within its borders needing such assistance. On the other, it is argued with equal force that those illegally present in this country should not be ...


Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen 2016 Selected Works

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

Patrick Glen

No abstract provided.


Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding 2016 University of Kentucky College of Law

Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding

Roberta M. Harding

Superstitions possess an ancient pedigree. With the passage of time thematic superstitions developed; for example, some solely addressed the public’s health care needs. In fact, as far back as the fifth century many English subjects believed magical spells and jewels had curative properties. Law was another context that generated a body of superstitions. Capital punishment was one area that generated many superstitions. In fact, so many that a specific category was established: gallows superstitions. With hanging as the primary method of execution in England for centuries, this group of superstitions became a relatively large one. By merging the health ...


European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik 2016 St. Louis University

European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon 2016 University of Georgia School of Law

European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo 2016 Unza School of Law

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer 2016 University of Georgia School of Law

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow 2016 University of Georgia School of Law

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be ...


Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo 2016 Suffolk University Law School

Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo

Camille Nelson

Moderator: Rachel J. Anderson

Panelists:
Camille A. Nelson: Sexuality without Borders: Exploring the Paradoxical Connection between Dancehall and Colonial Law in Jamaica
Valorie K. Vojdik: Masculinities, Feminism and the Turkish Headscarf Ban: Sahin Revisted
Barbara Pozzo: Masculinities Italian Style


(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), Sahar F. Aziz 2016 Texas A&M University School of Law

(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), Sahar F. Aziz

Sahar F. Aziz

The January 25th Egyptian revolution was initiated in the public square and defeated in the courts. In the months following the forced resignation of longtime president Hosni Mubarak, a protracted power struggle ensued between a people demanding self-governance and a chronically authoritarian regime. As the various stakeholders within the “deep state” realized their political disadvantage in mass street mobilizations by youth activists and opposition groups, they strategically transferred the conflict to the courts. Cognizant of Mubarak’s success in co-opting significant portions of the judiciary, the military-led interim government trusted the judges to deploy thin notions of rule of law ...


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