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

Law Commons

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

348971 Full-Text Articles 142851 Authors 114322391 Downloads 344 Institutions

All Articles in Law

Faceted Search

348971 full-text articles. Page 6125 of 6172.

Acerca De La Cláusula Democrática Y Del Dialogo Político En El Tlcuem., Salvador Ruiz Medrano 2009 Universidad de Guanajuato

Acerca De La Cláusula Democrática Y Del Dialogo Político En El Tlcuem., Salvador Ruiz Medrano

Salvador Francisco Ruiz Medrano

The present investigation focuses on detailed analysis of the "democratic clause" imposed on the Economic Partnership, Political Coordination and Cooperation between the United Mexican States and the European Community and its Member States, better known as FTA, which has The purpose of respect for democratic principles and fundamental human rights as enunciated in the Universal Declaration of Human Rights, which guides their internal and international policy and constitutes an essential element of the Treaty.


White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald Staudt 2009 Chicago-Kent College of Law

White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald Staudt

Ronald W Staudt

No abstract provided.


Labour Law In The Courts. The Role Of European Case Law On Fundamental Trade Union Rights In An Evolving Eu Industrial Relations System, Mia Rönnmar 2009 Lund University

Labour Law In The Courts. The Role Of European Case Law On Fundamental Trade Union Rights In An Evolving Eu Industrial Relations System, Mia Rönnmar

Mia Rönnmar

Essays based on papers presented at a conference held at the Copenhagen Business School on September 18, 2009.


The Civil Judicial Subsidy, Brendan Maher 2009 Oklahoma City University School of Law

The Civil Judicial Subsidy, Brendan Maher

Brendan Maher

No abstract provided.


Citation Patterns Of The German Federal Supreme Court And The Court Of Appeal Of England And Wales, Mathias Siems 2009 Selected Works

Citation Patterns Of The German Federal Supreme Court And The Court Of Appeal Of England And Wales, Mathias Siems

Mathias M. Siems

This paper presents citation statistics on decisions of the Court of Appeal of England and Wales (CA) and the German Federal Supreme Court (Bundesgerichtshof, BGH) for the last 55 years. This data is used in order to identify whether the citation patterns of the CA and the BGH reflect the conventional comparative perceptions about the English and German legal system. For instance, it is addressed how often the CA and the BGH cite the highest national and European courts and higher foreign courts from different legal families. The paper also examines the cross-citations between the highest courts of the United ...


Frame Up, John Dobbyn 2009 Villanova University School of Law

Frame Up, John Dobbyn

John Dobbyn

No abstract provided.


Islamic Finance And The Modern World; The Legal Principles Governing Islamic Finance In International Trade, Nima Mersadi Tabari 2009 King's College London

Islamic Finance And The Modern World; The Legal Principles Governing Islamic Finance In International Trade, Nima Mersadi Tabari

Nima Mersadi Tabari

Islamic law or Sharia'h purports to govern all aspects of the private and public life of the believers. Its all-embracing character is the constant narrative of Islam as a religion and a civilization. While Sharia'h does not address finance in its modern meaning, it does incorporate general principles governing the economic behaviour of the Islamic society and specific instruments regulating classic commercial transactions. Thus Islamic banks are unable to use conventional methods of financing and seek to provide Sharia'h-compliant alternatives to the services rendered by Western banks. They use a different paradigm of financing, namely asset based ...


The Death Penalty On Trial, Linus Koh 2009 Singapore Management University - Undergraduate

The Death Penalty On Trial, Linus Koh

Linus Koh

No abstract provided.


What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael 2009 Stockholm School of Economics

What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

If a patient must pay a bribe to obtain life-saving surgery, does the doctor’s solicitation of a bribe represent a violation of the victim’s human rights? This paper explores the ways in which anti-corruption practitioners can look to various provisions in human rights law in order to prevent or prosecute corruption-related offences. We use Kosovo as a case study because its constitution gives direct effect to the major international human rights conventions. We find -- using Kosovo as a case study -- that some types of corruption lead to separately prosecutable human rights offences. We also find that pre-existing violations ...


Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey 2009 Indiana University Maurer School of Law

Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey

Pamela Foohey

On Dec. 14, 2009, in Rederford v. US Airways Inc., a case of first impression, the U.S. Court of Appeals for the First Circuit ruled that the remedy of reinstatement for employment discrimination under title I of the Americans with Disabilities Act (ADA) against a company in bankruptcy is a dischargeable prepetition bankruptcy claim. Its decision reaffirmed the Bankruptcy Code’s broad policies of affording debtors a fresh start and ensuring that creditors are treated evenhandedly. In advancing these broad principles, the First Circuit faced the ADA’s conflicting and equally expansive policies – policies that it was forced to ...


International Legal Personalities And Its Criteria Of Recognition In International Law, Rajesh Deoli 2009 Selected Works

International Legal Personalities And Its Criteria Of Recognition In International Law, Rajesh Deoli

Rajesh Deoli

No abstract provided.


"Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, 483 U.S. 327 (1987): Addressing Tensions Between The Free Exercise And Establishment Clauses, Elizabeth Clark 2009 Brigham Young University - Utah

"Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, 483 U.S. 327 (1987): Addressing Tensions Between The Free Exercise And Establishment Clauses, Elizabeth Clark

Elizabeth A. Clark

No abstract provided.


Section 112 In Flux: Critical Strategic Issues For Preparing And Litigating Patents, Samuel Ernst 2009 Chapman University School of Law

Section 112 In Flux: Critical Strategic Issues For Preparing And Litigating Patents, Samuel Ernst

Samuel F Ernst

No abstract provided.


Human Trafficking In The Islamic Region., Ehsan Rostamzadeh 2009 University Kebangssan Malaysia

Human Trafficking In The Islamic Region., Ehsan Rostamzadeh

Ehsan Rostamzadeh

No abstract provided.


Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani 2009 Chicago-Kent College of Law

Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani

Vinay Harpalani

This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation—a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using ...


Prospectively Curing Inequitable Conduct Through Reissue: Reconsidering A "Well-Settled Principle", Daniel Klein 2009 Millennium Pharmaceuticals, Inc.: The Takeda Oncology Company

Prospectively Curing Inequitable Conduct Through Reissue: Reconsidering A "Well-Settled Principle", Daniel Klein

Daniel A Klein

CURRENTLY IN PRESS WITH THE SANTA CLARA COMPUTER & HIGH TECHNOLOGY LAW JOURNAL. PLEASE USE THE CHTLJ CITATION TO REFERENCE THIS ARTICLE WHEN IT BECOMES AVAILABLE. Inequitable conduct is an equitable doctrine that renders a patent unenforceable upon a finding that the patentee has breached the duty of candor and good faith owed to the U.S. Patent and Trademark Office during prosecution of a patent application. In Aventis Pharma S.A. v. Amphastar Pharmaceuticals, the Court of Appeals for the Federal Circuit held that Aventis’s asserted patent was unenforceable for inequitable conduct. However, prior to filing its infringement action ...


Extraterritoriality And Its Discontents: Limiting The Reach Of U.S. Law, John Knox 2009 Wake Forest University School of Law

Extraterritoriality And Its Discontents: Limiting The Reach Of U.S. Law, John Knox

John H Knox

How far do U.S. laws reach beyond U.S. borders? Many statutes do not specify their geographic scope, instead using general terms that have no inherent limit. In construing those laws, federal courts presume that legislation applies only within the territory of the United States. The apparent simplicity of the presumption against extraterritoriality masks difficult issues, which the Supreme Court has been unable to resolve. For example, the Court has issued contradictory decisions on whether U.S. territory includes U.S. bases in other countries, on how the presumption applies to foreign actions with domestic effects, and on what ...


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert Blitt 2009 University of Tennessee College of Law

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert Blitt

Robert C. Blitt

The emerging international human rights norm of “defamation of religion,” an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument ...


Reaching Settlement, Pamela Gershuny 2009 Southeast Missouri State University

Reaching Settlement, Pamela Gershuny

Pamela Gershuny

Disputes arise in business. Approximately 65,000 businesses, including 35-53% of small businesses managers, are involved in a lawsuit in federal court each year. Even when business managers are represented by experienced attorneys, successful managers cannot and should not entirely delegate the final decision to resolve a dispute through trial or through settlement to their attorneys. It is a managerial responsibility to communicate effectively with attorneys to settle disputes quickly and cheaply. Being prepared to settle early can avert a more expensive settlement later and/or a significant and costly loss at trial. As one executive said after a $7 ...


Professionalism, Mary Ann Robinson, Alison Kehner 2009 Villanova University School of Law

Professionalism, Mary Ann Robinson, Alison Kehner

Alison D. Kehner

A series of short filmed vignettes to be used to teach law students about concepts of professionalism. They are intended to be used to help our students realize that their careers as lawyers commence in law school, and that they must begin to adopt and emulate standards of professionalism in law school that they will carry with them when they become legal professionals. Choices made now not only impact their professional reputations, but also establish patterns that can serve them for the better or for the worse in practice.


Digital Commons powered by bepress