Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

358019 Full-Text Articles 146225 Authors 133285574 Downloads 355 Institutions

All Articles in Law

Faceted Search

358019 full-text articles. Page 6122 of 6452.

Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada 2010 American University Washington College of Law

Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada

Articles in Law Reviews & Journals

The twenty-first century has seen a rapid growth of two regimes: the intellectual property rights regime and the human rights regime. On one hand, growth of multinational corporations has led to a stronger and stricter intellectual property rights regime. On the other hand, human rights have gained primacy in public as well as political debates. Developing countries have argued that intellectual property rights and Human Rights often come into conflict, particularly when implementing their international obligations under TRIPS. Nevertheless, developing countries are forced to provide better intellectual property protection. There is a need to give heed to the voices of ...


Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison 2010 University of Central Florida

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison 2010 University of Central Florida

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC places the hiring process of predominantly white institutions of higher education (PWIHE) under public scrutiny, with the ultimate goal of changing the decision-making process when these institutions hire head football coaches. This article utilizes CRT ...


Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas 2010 University of Kentucky

Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas

University of Kentucky Doctoral Dissertations

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of ...


The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly 2010 University of Nebraska

The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly

College of Law, Faculty Publications

In five cases issued during the last five years, the Supreme Court interpreted statutory anti-retaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the typical understanding of this Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional anti-retaliation protection narrowly, which fits with the Court’s pro-employer image but diverges from the anti-retaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s retaliation jurisprudence ...


Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan 2010 University of Nebraska College of Law

Pre-Mortem Cryopreservation: Recognizing A Patient’S Right To Die In Order To Live, Ryan Sullivan

College of Law, Faculty Publications

I. Introduction

II. The Science of Cryonic Preservation ... A. History of Cryonics ... B. The Process ... C. Current Science ... 1. Cryobiology ... a. Successful Births with Once-Frozen Embryos ... b. If You Can Thaw a Frozen Dog ... c. Surgeries Performed during Suspended Animation ... d. Successful Revival after Three Hours of Clinical Death ... 2. Advancements in Nanotechnology ... 3. Obstacles to Overcome

III. Relevant Law ... A. Laws Governing Cryonics ... B. Right to Die and Assisted Suicide ... C. States’ Interests Are Not Compelling ... 1. Interest in Preserving Life and Preventing Suicide ... 2. Interest in Maintaining Medical Ethical Standards ... 3. Interest in Protecting Vulnerable Persons and Preventing ...


Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak 2010 University of Nebraska at Lincoln

Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak

The Marvin and Virginia Schmid Law Library

Most legal professionals have used free online resources to help in the legal research process. Whether it is an opinion downloaded from a court's Web site, a federal statute located using Cornell's Legal Information Institute (LII), an article on Wikipedia, or a post on someone's blawg, the quantity and variety of free online resources seems to grow on a daily basis. Some have even wondered if these resources can one day replace the need to subscribe to a computer-assisted legal research (CALR) service such as Westlaw or LexisNexis. Late last year, the "blogosphere" was abuzz with this ...


Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak 2010 University of Nebraska at Lincoln

Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak

The Marvin and Virginia Schmid Law Library

When researching unfamiliar areas of law it is often helpful to consult research guides and bibliographies. These resources can expedite the research process by identifying, compiling, and explaining the various tools needed to successfully research a legal topic. Research guides and bibliographies can be found in a number of online and print sources. By using a variety of specialized tools, one can quickly locate quality legal research guides and bibliographies no matter where they are.


Annual Report 2009–2010, Law Library 2010 Yale Law School

Annual Report 2009–2010, Law Library

Yale Law Library Annual Report

No abstract provided.


Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele 2010 Indiana University - Purdue University Indianapolis

Copyright Provisions In Law Journal Publication Agreements, Benjamin J. Keele

Library Staff Publications

Mr. Keele examines copyright provisions of law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.


Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele 2010 Indiana University - Purdue University Indianapolis

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Vigilante Justice: Prosecutor Misconduct In Capital Cases, Jeffrey Kirchmeier 2010 CUNY School of Law

Vigilante Justice: Prosecutor Misconduct In Capital Cases, Jeffrey Kirchmeier

Publications and Research

No abstract provided.


Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi 2010 University of Wollongong

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Faculty of Law - Papers (Archive)

No abstract provided.


Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff 2010 University of Wollongong

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Faculty of Law - Papers (Archive)

Copy of powerpoint presentation to the conference.


Rehabilitation Of Islamist Terrorists: Lessons From Criminology, Samuel J. Mullins 2010 University of Wollongong

Rehabilitation Of Islamist Terrorists: Lessons From Criminology, Samuel J. Mullins

Faculty of Law - Papers (Archive)

There is continued investment and attention being paid to programs of disengagement and deradicalization (D&D) for Islamist terrorists. Whilst there is some evidence of positive effects of different programs, it is widely acknowledged that rehabilitative efforts with terrorists are in their infancy and that there is a great deal of potential for learning, development and refinement. The present article examines rehabilitation programs for Islamist militants in light of the literature on rehabilitative interventions for “ordinary” criminal offenders, which have been in development now for more than 50 years. Principles of best practice as well as challenges in the field ...


China's Maritime Strategic Agenda, Christopher Rahman 2010 University of Wollongong

China's Maritime Strategic Agenda, Christopher Rahman

Faculty of Law - Papers (Archive)

Just what’s China up to at sea? To casual observers, including a burgeoning legion of journalists, commentators and bloggers, China seems set on a path to becoming a major force on the world’s oceans, developing bluewater naval power with which to protect the Chinese state’s expanding economic ties to far-flung corners of the world and project political and even strategic influence. Such observers rightly note the rapid growth in China’s international seaborne trade, its shipping and shipbuilding sectors, and its marine economy and maritime interests in general. China’s naval developments over the past decade have ...


Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr 2010 University of Wollongong

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Faculty of Law - Papers (Archive)

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more ...


Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff 2010 University of Wollongong

Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff

Faculty of Law - Papers (Archive)

This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background ...


"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff 2010 University of Wollongong

"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff

Faculty of Law - Papers (Archive)

The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by ...


Legal Issues Associated With The Study Of Sexual Content On The Internet In Australia, Lenore T. Lyons, Sophie Williams, Michele Ford 2010 University of Wollongong

Legal Issues Associated With The Study Of Sexual Content On The Internet In Australia, Lenore T. Lyons, Sophie Williams, Michele Ford

Faculty of Law - Papers (Archive)

Scholarly recognition of the research potentials of the Internet has resulted in a growing interest in using computer-mediated communication to study different aspects of human sexuality. Although there is a growing literature on the ethical issues associated with Internet-based research1, little attention has been given to the legal issues associated with conducting scholarly research on Internet sexual content. This lacuna stands in contrast to the growing public debate about the legal issues associated with attempts by authorities to restrict adult access to Internet content through filtering services and age-restricted access technologies. These measures appear to be focused on three issues ...


Digital Commons powered by bepress