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The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson 2009 Pepperdine University

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does ...


Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug 2009 Lund University, Faculty of Law

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.


The Law And Regulation Of Otc Derivatives: An Anglo-American Comparison And Lessons For Developing Countries, Ahmad Ghouri 2009 University of Sussex at Brighton

The Law And Regulation Of Otc Derivatives: An Anglo-American Comparison And Lessons For Developing Countries, Ahmad Ghouri

Ahmad Ali Ghouri

The aim of this article is to examine the threat of systemic risk posed by speculative OTC derivative financing to financial institutions and the efforts made by the regulators to reduce such risk. A critical and comparative analysis of the Anglo-American approach to regulate OTC derivatives is endeavoured, in order to evaluate whether these advanced economies have proven effective in achieving the ultimate objectives of financial stability, certainty and predictability. The Article examines how the financial regulators of these advanced economies have responded to the threats that OTC derivative financing may have on the overall stability of contemporary financial systems ...


Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad 2009 Macquarie University

Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad

Dr Mary B Ayad PhD

European Union member States, particularly those in the Mediterranean, must contend with refugee and asylum claims that impact female refugees and asylum seekers. In order to give justice to human rights protection, the author argues that claims by women and female children refugees must be viewed through the lens of gender. Although this is a debated issue, arguments on the side of gender are not only stronger, but are more in line with human rights protection. The current situation in the Mediterranean region necessitates looking at refugee claims with a critical eye to ‘culture’, ‘religion’ and ‘political opinion’, as well ...


Towards A Truly Harmonised International Commercial And Investment Arbitration Law Enforcing Mena-Foreign Investor Arbitrations Via A Single Regulatory Framework: A New Map For A New Landscape., Mary Ayad 2009 Macquarie University

Towards A Truly Harmonised International Commercial And Investment Arbitration Law Enforcing Mena-Foreign Investor Arbitrations Via A Single Regulatory Framework: A New Map For A New Landscape., Mary Ayad

Dr Mary B Ayad PhD

The current regulatory framework governing International Commercial and investment Arbitration Law, hereinafter ‘ICA’ Law is problematic. A new harmonised ICA Law addressing current laws and trends in ICA Law and IIA Law applicable to both European investors and MENA governments regarding oil concession and foreign investment contract disputes is required to form the foundation of a single regulatory framework. A harmonised ICA/IIA Law will ensure courts rule in favour of arbitral award enforcement. Reasons for the ever importance of Arbitral Award enforcement will be given. This new law, based on general principles of law found at civil, common and ...


Civil Procedure For All States: A Context And Practice Casebook, Benjamin Madison, III 2009 Regent University School of Law

Civil Procedure For All States: A Context And Practice Casebook, Benjamin Madison, Iii

Benjamin V Madison, III

The casebook forms part of the "Context and Practice" casebook series, edited by Michael Hunter Schwartz and Gerald Hess. The casebooks integrate the method of teachin advocated by the Carnegie Insitute's EDUCATING LAWYERS (2007) and the Clinical Legal Education Association's BEST PRACTICES FOR LEGAL EDUCATION (2007). Thus, the casebooks include not only traditional case material in which students learn legal doctrine (in this case, federal and state pretrial practice and procedure), but also exercise in each chapter for the professor to employ experiential and skills learning, and exercises in each chapter in which students engage in questions of ...


El Abuso Del Derecho De Propiedad, Jose Nina 2009 Major National University of San Marcos,Dean of the Americas.

El Abuso Del Derecho De Propiedad, Jose Nina

Jose R. Nina Cuentas

La afectación a la propiedad y la disminución del valor económico del inmueble configura abuso de derecho: ¿No es necesaria la existencia de mala fe o dolo? Comentarios a la Sentencia CAS. Nº 3536-2007 (AREQUIPA; El Peruano, 03/08/09).


Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak 2009 Hamline University

Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak

Kenneth H Fox

In May, 2008, an international group of 50 negotiation scholars and teachers met in Rome, Italy, to launch a four year project to rethink negotiation theory and pedagogy. From its inception, the Rethinking Negotiation Teaching project (NT 2.0 project) has had two primary goals: to significantly advance our understanding of the negotiation process in all its complexity; and to improve how we teach others about negotiation. The first year of this four-year project focused on generating new ideas and approaches to negotiation scholarship and teaching. Some of this scholarship was published in the book Rethinking Negotiation Teaching and some ...


Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox 2009 Hamline University

Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox

Kenneth H Fox

This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.


Limits Of Consent - Arbitration Without Privity And Beyond, Frederic Sourgens, Michael Nolan 2009 Washburn University School of Law

Limits Of Consent - Arbitration Without Privity And Beyond, Frederic Sourgens, Michael Nolan

Frederic G Sourgens

No abstract provided.


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean Sternlight 2009 University of Nevada, Las Vegas

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean Sternlight

John Lande

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes. Recognizing these substantial barriers, it proposes a modest and feasible menu of reforms that interested faculty and law schools can achieve without investing substantial additional resources. The proposals are not intended as a comprehensive package to be implemented on an all-or-nothing basis but as a set of options to be selected by individual faculty ...


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Most-Favoured-Nation Treatment, Alejandro Faya Rodriguez 2009 Universidad Iberoamericana - Mexico

Most-Favoured-Nation Treatment, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri 2009 O.P Jindal University, Jindal Global Law School

Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri

Arun Khatri

Introduction:

The principal focus of this paper is on the role of hedge funds in the 1997 Asian financial crisis, and the reforms and regulations adopted by South Korea after the crisis. Apart from this it also discusses some aspects of the role played by world bodies like the IMF in bailing South Korea out of the crisis. The paper will begin with an analysis of events leading to the Asian financial crisis. From there, it will discuss the basic fundamentals of hedge funds, strategies employed by hedge funds and then their role in the crisis. It will then analyze ...


Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow 2009 Chapman University Dale E. Fowler School of Law

Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow

Matthew Parlow

With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports commissioner ...


Setting Aside An Arbitration Award, Fernando Leila 2009 Fordham University

Setting Aside An Arbitration Award, Fernando Leila

Fernando Leila

I - Facts Most arbitration rules stipulate that the arbitral awards that result from arbitration under those agreements or rules are ‘final.’ Yet there is almost always the possibility for a party to challenge the award, whether or not the parties have agreed. According to the United Nations Commission on International Trade Law (“UNCITRAL”), a successful challenge will usually result in the award being ‘set aside,’ ‘vacated,’ or’ annulled,’ and therefore ceasing to exist, at least within the jurisdiction of the court setting it aside. To set aside an award means to 'declare the award to be disregarded in whole or ...


Contracting For State Intervention, W. Mark C. Weidemaier 2009 University of North Carolina, Chapel Hill

Contracting For State Intervention, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Most models of contracting behavior assume that contract terms are meant to be enforced, whether through legal or relational means. That assumption extends to dispute resolution terms like arbitration clauses. According to theory, contracting parties adopt arbitration clauses because they want to arbitrate disputes and because they believe that a counter-party who has agreed to arbitrate will keep that promise rather than incur the resulting legal or extra-legal sanction. In this article, I describe how this standard account cannot explain the origins of arbitration clauses in sovereign bond contracts. Drawing on original archival research and secondary sources, the article traces ...


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