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This Is Not A Symposium On How To Commit Fraud, But If It Were..., Harvey Gilmore 2009 Monroe College

This Is Not A Symposium On How To Commit Fraud, But If It Were..., Harvey Gilmore

Harvey Gilmore

We know the names: Bernard Madoff , Kenneth Lay , Jeffrey Skilling , Andrew Fastow , Dennis Kozlowski , Phillip R. Bennett , and Bernard Ebbers . These are but a few of the biggest corporate thieves in recent memory. Similarly, the names of certain corporations will also conjure up lasting images of massive corporate frauds: Enron , World-Com , Tyco , Adelphia , Refco , Global Crossing , and Sunbeam , again, to name just a few.


Context Is Everything: Sociality And Privacy In Online Social Network Sites, Ronald Leenes 2009 Tilburg University

Context Is Everything: Sociality And Privacy In Online Social Network Sites, Ronald Leenes

Ronald Leenes

Social Network Sites (SNSs) pose many privacy issues. Apart from the fact that privacy in an online social network site may sound like an oxymo- ron, significant privacy issues are caused by the way social structures are currently handled in SNSs. Conceptually different social groups are generally conflated into the singular notion of ‘friend’. This chapter argues that attention should be paid to the social dynamics of SNSs and the way people handle social contexts. It shows that SNS technology can be designed to support audience segregation, which should mitigate at least some of the privacy issues in Social Network ...


Civil Procedure In Classical Rome: Having An Audience With The Magistrate, Ernest Metzger 2009 University of Glasgow

Civil Procedure In Classical Rome: Having An Audience With The Magistrate, Ernest Metzger

Ernest Metzger

During the classical period of Roman law, civil lawsuits were divided into two proceedings: a brief proceeding before the magistrate, who decided certain preliminary matters, and a longer proceeding before a judge, who tried the case. The first proceeding is said to take place “in iure,” which roughly means “in the magistrate’s court.” Unfortunately the figure “in court” has been understood too strictly to refer to the whole of the first phase, and this has given rise to the misunderstanding that the whole of the first phase took place in the magistrate’s presence. The better view is that ...


Book Review: An Introduction To Islamic Law By Wael B. Hallaq, Jennifer Laws 2009 University of New Mexico

Book Review: An Introduction To Islamic Law By Wael B. Hallaq, Jennifer Laws

Jennifer Laws

This is a review of An introduction to Islamic law, by Wael B. Hallaq.


Discovering Canadian Law, Jennifer Allison 2009 Pepperdine University

Discovering Canadian Law, Jennifer Allison

Jennifer Allison

No abstract provided.


The Book Of Wisdom: How To Bring A Metaphorical Flourish Into The Realm Of Economic Reality By Adopting A Market Reconstruction Requirement In The Calculation Of A Reasonable Royalty, David C. Holly 2009 University of Mississippi Main Campus

The Book Of Wisdom: How To Bring A Metaphorical Flourish Into The Realm Of Economic Reality By Adopting A Market Reconstruction Requirement In The Calculation Of A Reasonable Royalty, David C. Holly

David C Holly

The “book of wisdom” concept has been the source of much obfuscation and confusion in determining a reasonable royalty damage award in patent infringement cases. Some of the confusion regarding the doctrine results from the apparent binomial nature of the book of wisdom's availability--which depends on the methodological approach used to calculate the royalty award. Federal Circuit precedent indicates that the doctrine is not available when courts engage in the “analytical” method of calculating a royalty award. In contrast, there is currently confusion in Federal Circuit jurisprudence with regard to the doctrine's availability when courts utilize the more ...


Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite 2009 Berkeley Law

Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite

Laurel E. Fletcher

Book review for The Guantanamo Effect: Exposing the Consequences of US Detention and Interrogation Practices by Laurel Fletcher and Eric Stover


No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu 2009 n/a

No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu

Edward Cantu

This paper addresses the “open secret” that federal appellate courts often strip their opinions of precedential value as a means to forgo fair, principled and/or thorough adjudication of issues raised in appeals. Is there a basis in contemporary constitutional doctrine for a presumption that appellants suffer constitutional injury when courts dispose of their appeals using non-precedential opinions? The author answers “yes.” The argument centers on case law establishing so-called “constitutional prophylactic rules,” which work to “overprotect” a given core right—that is, to create a presumption of constitutional injury without proof of it—when such is the only effective ...


Charles Sumner: History's Misunderstood Idealist, Chad G. Marzen 2009 Florida State University

Charles Sumner: History's Misunderstood Idealist, Chad G. Marzen

Chad G. Marzen

Few historical figures in the history of the United States have received such contrasting treatment by historians and scholars than Senator Charles Sumner. One view of Sumner mainly focuses on Sumner as a “Cardboard Yankee,” a figure who was arrogantly too tied to principle and was someone who seldom tried to understand others, was lacking in humor, was a pedant, lacked the judgment and self-control to be effective in settling disputes, and was unable to compromise.

A more recent “revised” interpretation of Sumner contends Sumner was driven into reform movements and politics for two reasons: first, that Sumner believed the ...


Antecedent Law: The Law Of People Making, Carter Dillard 2009 Emory University

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...


Regulation By Markets And Higher Education, Benedict Sheehy 2009 RMIT University

Regulation By Markets And Higher Education, Benedict Sheehy

Benedict Sheehy

Markets have a number of uses. One increasingly important use by politicians is as a means of regulating the supply and distribution of goods and services formerly supplied and distributed by governments on non-market bases. The use of markets as a regulator of higher education is not novel. However, the increased reliance on markets as a regulator of higher education is an on-going experiment with certain predictable failures. This article explores the uses of the market in the supply and distribution of higher education and weighs it against the stated policy objectives, with particular attention to the application proposed in ...


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen 2009 Australian National University

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...


Insulating The Constitution: Yong Vui Kong V. Public Prosecutor [2010] Sgca 20, Aravind Ganesh 2009 Université Catholique de Louvain

Insulating The Constitution: Yong Vui Kong V. Public Prosecutor [2010] Sgca 20, Aravind Ganesh

Aravind Ganesh

In May 2010, the Singapore Court of Appeal upheld the constitutionality of the mandatory death penalty in Yong Vui Kong v PP. This article does not deal with the propriety of mandatory death penalty laws, or of the death penalty broadly, but instead focuses on two novel pronouncements by the Court of Appeal. First, that customary international law not only has no legal validity in the domestic Singaporean legal sphere, but that it is also not to be treated as automatically incorporated into Singapore common law. Instead, a rule of customary international law can become part of Singapore law only ...


State Extraterritorial Powers Reconsidered, Mark D. Rosen 2009 Selected Works

State Extraterritorial Powers Reconsidered, Mark D. Rosen

Mark D. Rosen

No abstract provided.


Foreword: Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz 2009 University of New Mexico - Main Campus

Foreword: Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz

Christian G. Fritz

Most scholars of constitutional law and history equate American constitutionalism with the Federal constitution. This spotlight on the Federal constitution rests on a series of modern assumptions that elevate the status of the Federal constitution over the rich history of state constitutions, and inevitably neglect the central constitutional tenet of the American Revolution - the sovereignty of the people. Viewing American constitutionalism from the perspective of the constitutional legacy of the Revolution suggests a modified paradigm in which state constitutions play a critical role in our understanding the full meaning of American constitutionalism.

The idea of a collective sovereign introduced a ...


Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu 2009 University of Maryland School of Law

Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu

Maxwell O. Chibundu

No abstract provided.


Bridging The Divide? Theories For Integrating Competition Law And Consumer Protection, Max Huffman 2009 Indiana University School of Law -- Indianapolis

Bridging The Divide? Theories For Integrating Competition Law And Consumer Protection, Max Huffman

Max Huffman

No abstract provided.


Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing 2009 University of San Francisco

Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing

Bill Ong Hing

Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication ...


Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso 2009 University of San Francisco

Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso

Luke A. Boso

Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily ...


High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen 2009 Miller, Canfield, Paddock and Stone, PLC

High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen

Matthew P. Allen

No abstract provided.


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