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4253 full-text articles. Page 115 of 115.

The Doctrine Of Proportionality, Mubashshir Sarshar 2009 National Law University, Delhi

The Doctrine Of Proportionality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Patriarchy- The Indian Experience, Mubashshir Sarshar 2009 National Law University, Delhi

Patriarchy- The Indian Experience, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois 2009 New York, NY

Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage ...


Hindu Religious And Charitable Endowments, Mubashshir Sarshar 2009 National Law University, Delhi

Hindu Religious And Charitable Endowments, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Accountability In The Regulatory State, Lindsay Stirton, Martin Lodge 2009 University of Sheffield

Accountability In The Regulatory State, Lindsay Stirton, Martin Lodge

Lindsay J Stirton Ph.D.

No abstract provided.


Noncitizens And Citizens United, James Ianelli 2009 Harvard Law School

Noncitizens And Citizens United, James Ianelli

James Ianelli

No abstract provided.


From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel 2009 National University of singapore

From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel

Siegfried Van Duffel

What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.


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.


Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson 2009 University of Helsinki

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder 2009 William Mitchell College of Law

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for ...


Infiltrating American Intelligence-Difficulties Inherent In The Congressional Oversight Of Intelligence And The Joint Committee Model, Patrick J. Donaldson 2009 American University, Washington College of Law

Infiltrating American Intelligence-Difficulties Inherent In The Congressional Oversight Of Intelligence And The Joint Committee Model, Patrick J. Donaldson

Patrick J. Donaldson

The structure of intelligence oversight has been debated recently as the need is seen to grow. The current structure of intelligence oversight has been rendered ineffective by partisanship and lack of area expertise. Reform of congressional oversight has proven itself necessary. There have been numerous and varied proposals on how to reform the intelligence community in recent years. However, the 9/11 Commission’s use of a single, joint committee like the Joint Committee on Atomic Energy would not function as effectively as similar examples in the past. Regardless, every proposal of the 9/11 Commission has been addressed in ...


Constitutional Entrenchment: Questions Of Legal Possibility And Moral Desirability In The United Kingdom, Hin-yan Liu 2009 University of London - King's College

Constitutional Entrenchment: Questions Of Legal Possibility And Moral Desirability In The United Kingdom, Hin-Yan Liu

Hin-Yan Liu

This Note seeks to revisit the possibility of entrenching legal provisions within the constitutional system of the United Kingdom (UK). The supremacy of parliament within the UK has traditionally meant that it is unable to bind its successors, thus frustrating legislative attempts at entrenchment. Three important commonwealth cases suggest a possibility of successful procedural entrenchment, but an essential difference — the supremacy of the UK parliament — is likely to prevent this transplant into the UK. The availability of European Community law supremacy hints at the possibility of legislative entrenchment but its boundaries have not been established. The Notes also discusses the ...


Democratic Information Communities, Peter M. Shane 2009 Ohio State University - Main Campus

Democratic Information Communities, Peter M. Shane

Peter Shane

In order that American communities may thrive in a 21st century democratic context, both individuals and organizations across the private, public, and nonprofit sectors must intentionally dedicate themselves to promoting an inclusive flow of information designed to support collective problem-solving, the coordination of community activity, public accountability, and connectedness within the community. Our national commitment to democracy – to ideals of political liberty and equality – means not only that local communities need information adequate for these purposes, but that our practices of information creation, organization, analysis, and transmission be democratic in character. This creates a special community need for good journalism ...


Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber 2009 University of Maryland Francis King Carey School of Law

Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber

Mark Graber

No abstract provided.


Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views ...


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer 2009 Cleveland State University College of Law

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


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