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23,138 full-text articles. Page 525 of 553.

They Did Authorize Torture, But..., David Cole 2010 Georgetown University Law Center

They Did Authorize Torture, But..., David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Polarisations In The World-System, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

Polarisations In The World-System, Nicos Trimikliniotis

Nicos Trimikliniotis

The project led by Immanuel Wallerstein’s which is re-examining various aspects/dimensions of polarisations over the last 500 years is a fascinating and ambitious project: ten aspects of the transformations/trends over this long period were chosen in order to examine how matters have been transformed during this time in the core, semi-periphery and periphery of the world-system. The broad themes are the following: wealth; deruralization; urbanization; state power; citizenship’; enterprises; ecology; gender; cultural practices and deviance. Not all papers are so far at the same level of advancement but they will promise to be so in a year ...


Gauging Deviance: Capitalist Modernity, Deviance And Human Progress, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

Gauging Deviance: Capitalist Modernity, Deviance And Human Progress, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a paper which consists of extracts from a draft paper co-authored by Ari Sitas, Sumangala Damodaran, Wiebke Keim and Nicos Trimikliniotis. The draft is 81 pages long but I have included here only a 7 page long document. It will take at least two forms: a short part 6000 words for the book edited by Immanuel Wallerstein in Polarisations in the World-system and a full-fledged co-authored book. The cluster Gauging the Cycles of Deviance is headed by Ari Sitas for the proposes of the project on Polarisations led by Immanuel Wallerstein: the idea us to re-examine various aspects ...


The Intersection Of Constitutional Law And Civil Procedure: Review Of Wholesale Justice—Constitutional Democracy And The Problem Of The Class Action Lawsuit (Part Ii), Douglas G. Smith 2010 Northwestern Pritzker School of Law

The Intersection Of Constitutional Law And Civil Procedure: Review Of Wholesale Justice—Constitutional Democracy And The Problem Of The Class Action Lawsuit (Part Ii), Douglas G. Smith

NULR Online

In the first portion of this Essay, I reviewed Professor Martin Redish’s theory that the application of Federal Rule of Civil Procedure 23 in modern class action practice is unconstitutional. Professor Redish argues that modern class action procedures violate absent class members’ due process rights by sweeping large numbers of individual plaintiffs into litigation without their explicit consent. I then set forth Professor Redish’s proposals for reform, including increased scrutiny of class actions to weed out “faux” class actions that benefit lawyers but not class members, abandonment of the opt-out procedure under Rule 23 in favor of an ...


We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis 2010 University Nicosia & Symfiliosi

We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis

Nicos Trimikliniotis

This is an interview with Ana Esther Ceceña, researcher/professor in geopolitics, National Autonomous University of México, Director of the Geopolitics Latinamerican Observatory, in Lisbon, Portugal. She presented her paper for the Project on Polarisation in the last 500 years led by Immanuel Wallerstein, where she examines ecology, indigenous peoples and movements in March 2010.


Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele 2010 Golden Gate University School of Law

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates ...


A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi 2010 University of Miami School of Law

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund ...


Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. The ...


Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell 2010 University of Iowa College of Law

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.


An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman 2010 University of Minnesota - Twin Cities

An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman

Stephen P. Hoffman

I aim to show, through practical examples, that computer forensics techniques such as the use of hash values are inherently flawed in tracking illegal computer files. First, I describe the underlying theory of hashing algorithms and hash values, as well as explain that several U.S. government agencies keep detailed file databases in order to track or detect illegal files, e.g. pirated media or child pornography. These databases include the file’s unique hash values. Then, I provide real examples of hash values using MD5 and SHA-1 hashing algorithms to show how extremely minor alterations to a computer file ...


Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin 2010 University of Pennsylvania

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review ...


An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson 2010 Florida State University College of Law

An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson

Scholarly Publications

The IRS should endeavor to treat similarly-situated taxpayers similarly, but does this aspiration rise to the level of a judicially enforceable duty? If the IRS takes a position on Taxpayer B that is correct under the law but is inconsistent with a position the IRS took on similarly-situated Taxpayer A, should the IRS’s position on Taxpayer B fail simply because of the inconsistency? These questions implicate important themes, such as fairness, the rule of law, separation of powers, administrative exigencies, the role of common law making in a highly positivistic system, and the sustainability of legal regimes.

A constitutional ...


When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble 2010 Cornell Law School

When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble

Cornell Law Faculty Publications

No abstract provided.


Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt 2010 Cornell Law School

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Cornell Law Faculty Publications

With the help of the President, Democrats in Congress were able to pass historic healthcare-reform legislation in spite of - and thanks to - the significant structural obstacles presented by the Senate’s arcane parliamentary rules. After the passage of the bill, the current political climate appears to require sixty votes for the passage of any major legislation, a practice which many argue is unsustainable.

In this Debate, Professors Josh Chafetz and Michael Gerhardt debate the constitutionality of the Senate’s cloture rules by looking to the history of those rules in the United States and elsewhere. Professor Chafetz argues that the ...


Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley 2010 Boston College Law School

Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley

Boston College Third World Law Journal

Casting a ballot is a primary form of community participation in the United States. This exercise provides citizens with a means to safeguard their legal rights and effectuate change. Nevertheless, some citizens, such as people with mental disabilities, are often denied this fundamental right solely based upon their status. These citizens have faced a long history of pernicious discrimination at the hands of their communities, legislators, and even the courts. Yet, social policy has begun to evolve in light of more nuanced understandings of mental disabilities. This knowledge has also spurred the reform of state and federal law. While the ...


Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak 2010 Boston College Law School

Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak

Boston College Third World Law Journal

This Comment examines the legality of the comprehensive unilateral embargo imposed by the United States on Cuba within the framework of international law. It argues that, independent of its humanitarian impact or the dubious legality of its extra-jurisdictional components, the comprehensive embargo violates international law because it undermines Cuba’s right to development. International law is, and has always been, a component part of U.S. law—it is enforceable in U.S. courts, it informs judicial interpretation of U.S. statutes, and it guides legislative and executive action in matters of both foreign and domestic policy. In addition to ...


Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen 2010 SMU Dedman School of Law

Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen

Indiana Law Journal

Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become ...


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd 2010 Franklin Pierce Law Center

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Indiana Law Journal

For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor's right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities ...


Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago 2010 Hofstra University School of Law

Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago

Pace Law Review

No abstract provided.


A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson 2010 University of Maryland School of Law

A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson

Faculty Scholarship

The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many ...


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