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Hearings, Mark Spottswood 2009 Northwestern University

Hearings, Mark Spottswood

Mark Spottswood

This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were ...


People’S Jury System(人民陪审员制度), Henry Hu 2009 Selected Works

People’S Jury System(人民陪审员制度), Henry Hu

Henry L Hu

No abstract provided.


Textualist Canons: Cabining Rules Or Predilective Tools, Stephen Durden 2009 Florida Coastal School of Law

Textualist Canons: Cabining Rules Or Predilective Tools, Stephen Durden

Stephen Durden

Justice Scalia proclaims homage to the “dead” Constitution. Justice Brennan honors the “living” Constitution. Others believe in “a partially living and partially dead Constitution.” But, whichever moniker selected, constitutional analysis remains (to the interpreter) personal; however, personal does not necessarily mean irrational or even singular (i.e., that no one else agrees with the interpretation). Rather, personal means that no matter how narrow the interpretational method, an interpreter of the Constitution inevitably makes personal choices when using any interpretational method - choices not required by, or perhaps even inconsistent with, the chosen interpretational method. This Article uses canons of construction to ...


Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford 2009 Columbia Law School / University of British Columbia Faculty of Law

Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford

Cristie L. Ford

This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the ...


Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds 2009 University of Maryland School of Law

Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds

William L. Reynolds

This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.


Leveraged Buyout Bankruptcies, The Problem Of Hindsight Bias, And The Credit Default Swap Solution, Michael Simkovic, Benjamin Kaminetzky 2009 Seton Hall University School of Law

Leveraged Buyout Bankruptcies, The Problem Of Hindsight Bias, And The Credit Default Swap Solution, Michael Simkovic, Benjamin Kaminetzky

Michael N Simkovic

No abstract provided.


The Death Of Suspicion, Fabio Arcila, Jr. 2009 Touro College

The Death Of Suspicion, Fabio Arcila, Jr.

Fabio Arcila Jr.

This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in which ...


Notas Para Una Historia Procesal De La Casación En México, Alejandro Escobedo Rojas, Juan Salazar Andreu 2009 Universidad Popular Autonoma del Estado de Puebla

Notas Para Una Historia Procesal De La Casación En México, Alejandro Escobedo Rojas, Juan Salazar Andreu

Alejandro G Escobedo Rojas

No abstract provided.


European Works Councils Related Litigation - Rationale For A Systematic Analysis, Romuald Jagodziński 2009 European Trade Union Institute

European Works Councils Related Litigation - Rationale For A Systematic Analysis, Romuald Jagodziński

Romuald Jagodzinski

ETUI researcher Romuald Jagodzinski gives an overview of the background of the ETUI project on EWC case law coordinated by himself and one of the editors of the book – Filip Dorssemont. In a further contribution Jagodzinski analyses the events of the ten months since the opening of the official recast procedure in 2008 until its final outcome giving an overview of the European social partners’ positions and those of other institutional EU actors.


Securing Health Through Rights, Katharine Young 2009 Boston College Law School

Securing Health Through Rights, Katharine Young

Katharine G. Young

The right to health is recognized in international human rights law and in many modern liberal constitutions. Yet it is notoriously difficult to conceptualize and institutionalize. It raises boundary problems in relation to the object of the right and its correlative duties, and reasonable disagreement on the values that make it worthy of protection. This article departs from the positivist attempt to define the meaning of the right to health, or the normative attempt to provide it with a settled justificatory theory. Instead, it argues that attention to a theoretically informed practical action, captured by the concept of praxis, clarifies ...


The Analytic Protocol For The Duty Of Loyalty Under The Prototype Llc Act, Thomas Geu, Thomas Rutledge 2009 University of South Dakota School of Law

The Analytic Protocol For The Duty Of Loyalty Under The Prototype Llc Act, Thomas Geu, Thomas Rutledge

Thomas E. Geu

No abstract provided.


Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse 2009 Lund University

Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


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).


Family And Inheritance Law, Eva Ryrstedt 2009 Lund University

Family And Inheritance Law, Eva Ryrstedt

Eva Ryrstedt

No abstract provided.


Fixing Ram Copies, Aaron Perzanowski 2009 Case Western Reserve University

Fixing Ram Copies, Aaron Perzanowski

Aaron K. Perzanowski

Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply ...


Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael Marriott 2009 University of California - Davis

Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael Marriott

Michael K Marriott

Having an intact legal system to prosecute serious criminal offenses is a luxury taken for granted in many parts of the developed world. While comprehensive domestic legal systems are preferable to the far more complex international legal system, an unfortunate reality of the contemporary world is that where many of the most shocking and large-scale violent crimes take place, there is no domestic legal system to speak of. The International Criminal Court was created to meet the need of prosecuting these offenses. Limited in its jurisdiction on a variety of levels, the ICC nevertheless has on its current docket the ...


Para Uma Ética Republicana, Paulo Ferreira da Cunha 2009 Universidade do Porto

Para Uma Ética Republicana, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O que há de novo na Ética Republicana é que ela deixou de ser uma mística de dedicação e serviço à Coisa Pública (o que já era muitíssimo), para impregnar o próprio Estado, através da Constituição. Mas continua a ser fundamental balizar essa ética pela axiologia: pensando e repensando os valores e as virtudes na política.


Is Law Unbounded? Property Rights And Control Of Social Groupings, Amnon Lehavi 2009 Interdisciplinary Center (IDC) Herzliya

Is Law Unbounded? Property Rights And Control Of Social Groupings, Amnon Lehavi

Amnon Lehavi

This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in today's metropolitan areas through a property rights regime of "alienable entitlements," as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames the model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad-based social change, which has been at the center of the law and society literature.

The essay asks if legal rules can fully absorb the multiple types of societal effects that influence the nature ...


Tottreten: Eine Kriminalwissenschaftliche Untersuchung, Daniel Heinke 2009 Institut für Polizei- und Sicherheitsforschung, HfÖV Bremen

Tottreten: Eine Kriminalwissenschaftliche Untersuchung, Daniel Heinke

Daniel H Heinke

Interdisciplinary research combining medico-legal, bio-mechanical and criminological aspects of assault through kicks against the victim's head or thorax and the resulting conclusions with regard to the legal question of the perpetrator's possible intent to kill.


Asian Americans And Immigration Reform, Bill Hing 2009 University of San Francisco

Asian Americans And Immigration Reform, Bill Hing

Bill Ong Hing

Asian Americans have a lot to gain from progressive immigration reform. Today, our relatives abroad make up the bulk of those who are on a waiting list that can last almost two decades in some categories. Many young men and women from our communities face deportation even though they have grown up in the United States. Some are subjected to harsh Immigration and Customs Enforcement (ICE) raids and detention policies. Of the estimated twelve million undocumented immigrants in the country, demographers tell us that more than 10 percent are from Asian or Pacific countries. Many undocumented Asian Americans are college ...


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