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Israel And The International Criminal Court: The United Nations Fact-Finding Mission On The Gaza Conflict And Its Role In The Arab-Israeli Conflict, Adam A. Hussein Mr. 2010 University of La Verne College of Law

Israel And The International Criminal Court: The United Nations Fact-Finding Mission On The Gaza Conflict And Its Role In The Arab-Israeli Conflict, Adam A. Hussein Mr.

Adam A Hussein Mr.

On September 15, 2009 the United Nations Human Rights Council (UNHRC) released the Report of the United Nations Fact Finding Mission on the Gaza Conflict (UN Report). The UN Report garnered great interest in the international community, as it introduced the question of whether Israel and Palestine could be brought before the International Criminal Court for their acts in the aggression that began in late 2008. This paper discusses the UN Report’s findings, construction, and flaws. The paper then uses the UN Report to assess what role the UNHRC and ICC can play in the Middle East Conflict. After ...


Confucian Influence On The Criminal Laws Of Korea And Japan, Woo-Jung Jon 2010 University of Oxford

Confucian Influence On The Criminal Laws Of Korea And Japan, Woo-Jung Jon

Woo-Jung Jon

In Korean Criminal Law there are thirteen provisions influenced by Confucian filial piety, imposing heavier punishment on crimes committed against lineal ascendants. The Japanese Criminal Law also had such provisions, but abolished them. This article examines the present and the past of the Confucian influence on the Criminal Laws of Korea and Japan. Chapter II investigates the historical background of the development of Confucianism in Korea and Japan, and the conflicts between traditional Confucianism and newly transplanted Western legal systems. Chapter III analyzes the provisions of the Criminal Laws of Japan and Korea related with aggravated punishment on the crime ...


The Property Problem: A Survey Of Federal Options For Facilitating Acquisition Of Carbon Sequestration Repositories, Thomas Brugato 2010 Harvard Law School

The Property Problem: A Survey Of Federal Options For Facilitating Acquisition Of Carbon Sequestration Repositories, Thomas Brugato

Thomas Brugato

This paper surveys federal options for facilitating carbon capture and sequestration (CCS). A variety of legal impediments must be addressed before CCS will become commercially viable. This paper examines one of those impediments: the need of sequestration entities to acquire large amounts of suitable subsurface property (pore space) for use as a repository. Currently, uncertainty over the ownership of the pore space as well as high transaction costs for acquiring property rights from numerous landowners present substantial obstacles for sequestration entities. The presence of other conflicting uses of pore space further complicates the acquisition of the necessary property rights. As ...


Ending The Power To Say No: The Case For Extending Compulsory Licensing To Cover Digital Music Reproduction And Distribution Rights, Patrick A. McKay 2010 Regent University

Ending The Power To Say No: The Case For Extending Compulsory Licensing To Cover Digital Music Reproduction And Distribution Rights, Patrick A. Mckay

Patrick A McKay

This paper argues that the recording industry has abused its power to deny uses of copyrighted music and has failed to satisfy the constitutional purpose of copyright of providing for the public benefit. As a result, this power should be removed and replaced with a compulsory license system similar to the Section 115 Reform Act of 2006 (SIRA), which would create a blanket collective license covering digital reproduction and distribution rights for musical works. Additionally, in order to remove the cloud of uncertainty which surrounds music used in user-generated videos, Congress should consider extending the compulsory license regime to cover ...


Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart 2010 Columbia University

Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart

Sarah Montana Hart

This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.


A Constructive Proposal To Solve The ‘Dokdo’ Controversy Between Korea And Japan, Byung-Woon Lyou 2010 Indiana University - Bloomington

A Constructive Proposal To Solve The ‘Dokdo’ Controversy Between Korea And Japan, Byung-Woon Lyou

Byung-Woon Lyou

No abstract provided.


Survey: Women And California Law, Carol A. King 2010 Golden Gate University School of Law

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Marina Point, Ltd. V. Wolfson: A Victory For Children In Rental Housing - Implications For Further Expansion Of The Unruh Civil Rights Act, Gale Farlow 2010 Golden Gate University School of Law

Marina Point, Ltd. V. Wolfson: A Victory For Children In Rental Housing - Implications For Further Expansion Of The Unruh Civil Rights Act, Gale Farlow

Golden Gate University Law Review

In Wolfson, the court held that landlords cannot arbitrarily discriminate against children and families with children. This Note will discuss this aspect of the Wolfson decision and its significance and implications. Wolfson resolved the issue of discrimination in rental housing against families with children, which will be of particular benefit to women who have been hardest hit by such discrimination and by the shortage of rental housing. But, Wolfson also may have extended the coverage of the Unruh Civil Rights Act to include classes other than children. This Note will also discuss this equally important aspect of the Wolfson decision.


Sex And Race In Federal Court: A Courtroom Survey, Barbara S. Bryant 2010 Golden Gate University School of Law

Sex And Race In Federal Court: A Courtroom Survey, Barbara S. Bryant

Golden Gate University Law Review

Over one hundred years ago, the composition of the American legal profession changed in a small but significant way. The year 1869 saw both the first Black graduate of any United States law school and the first woman admitted to any American bar association. However, until recently, the participation of women and minorities in the American legal profession has been of insignificant proportion. Before 1970, less than 3% of American lawyers were women; about 1% were Black. While this lack of participation is undoubtedly the result of a number of factors, three areas stand out for their particular influence in ...


Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson 2010 Golden Gate University School of Law

Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson

Golden Gate University Law Review

Sexual harassment of female inmates by male guards permeates American prisons because the imbalance of power between the guard and the prisoner allows and encourages it to exist. Sexual harassment in prison is not a series of isolated incidents; rather, it is so much a part of the power structure that it is almost invisible. There are few reported cases of sexual harassment of women prisoners. Until recently sexual harassment, even outside the prison, went unnoticed. Also, if a prisoner reports sexual abuse, the prison administration will generally blame the prisoner, or deny the accusation, but only occasionally fire the ...


Tort Remedies For Incestuous Abuse, Margaret J. Allen 2010 Golden Gate University School of Law

Tort Remedies For Incestuous Abuse, Margaret J. Allen

Golden Gate University Law Review

This Comment explores the problem of incestuous abuse between father and daughter, traditional tort theories available to the incest victim/survivor, defenses fathers might raise, and the availability of punitive damages to the incest victim/survivor.


Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick 2010 Golden Gate University School of Law

Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick

Golden Gate University Law Review

Intrauterine devices (IUDs)! have been linked to a wide variety of injuries to women, ranging from severe cramping, to spontaneous abortion, to sterility, to death. This Comment will focus on the problem of proving that scarring of the fallopian tubes, resulting in sterility or partial sterility, is causally linked to use of the IUD, and therefore, a provable element in a plaintiff's cause of action against a manufacturer for such injuries.


Unnecessary Hysterectomy: The Lack Of Informed Consent, Patricia Quintilian 2010 Golden Gate University School of Law

Unnecessary Hysterectomy: The Lack Of Informed Consent, Patricia Quintilian

Golden Gate University Law Review

Women, as well as men, are socialized to believe that the ethics and expertise of the medical community ensure competent behavior on the part of physicians. This belief, however, is misguided; the evidence indicates that women's health care is grossly inadequate and in dire need of effective external control and regulation. The power necessary for such regulation may be found in the judiciary. Several courses are available to the legal practitioner when faced with claims of medical misconduct. But because profit motivation dominates the health field, the reality of malpractice suits and their accompanying awards may act as an ...


The Miller-Wohl Controversy: Equal Treatment, Positive Action And The Meaning Of Women's Equality, Linda J. Krieger, Patricia N. Cooney 2010 Golden Gate University School of Law

The Miller-Wohl Controversy: Equal Treatment, Positive Action And The Meaning Of Women's Equality, Linda J. Krieger, Patricia N. Cooney

Golden Gate University Law Review

This Article has been constructed in three sections. Part I will examine the legal issues raised by the Miller-Wohl case by contrasting the equal treatment approach of the Pregnancy Discrimination Amendment with the positive action or reasonable accommodation approach of the MMLA. Such an examination leads to two conclusions. The first is that the PDA's equal treatment approach is by itself inadequate to assure equal employment opportunity for women who, because of their role as child bearers, confront employment obstacles not faced by men. The second is that laws such as the MMLA, which recognize and take affirmative steps ...


General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook 2010 Golden Gate University School of Law

General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook

Golden Gate University Law Review

Currently, under the Federal Rules of Civil Procedure, courts are not required to include findings of fact and conclusions of law in orders granting or denying class certification. Because of the complex nature of the law and facts involved in class suits, this note will also suggest a requirement, possibly through amendment of the Federal Rules of Civil Procedure, that such orders make explicit, through written findings and conclusions, the factors taken into account in the court's decision. Such a requirement would aid the courts in properly applying Rule 23 to Title VII. Moreover, written findings of fact and ...


New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth III 2010 Golden Gate University School of Law

New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii

Golden Gate University Law Review

This note seeks both to define the particular forms of expression involving juveniles which, according to the Court, do not warrant constitutional protection, and to question the Court's rationale in setting precedent which narrows the scope of the first amendment.


Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz 2010 Golden Gate University School of Law

Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz

Golden Gate University Law Review

Existing computer contracting procedures often lead to improperly drafted agreements in light of existing contractual remedies. Computer systems may prove unreliable if suppliers develop them based upon improperly drafted agreements. Because courts are reluctant to go beyond the remedies specified in a freely entered contract, the dissatisfied customers often do not have adequate recourse under their agreements. In order to avoid such a result, the parties to each business arrangement need to clearly understand their rights and duties arising from the transaction, and those rights and duties must be incorporated into the written agreement. This comment will attempt to demonstrate ...


Toward A New Ethical Standard Regulating The Private Practice Of Former Government Lawyers, Barbara G. Mance 2010 Golden Gate University School of Law

Toward A New Ethical Standard Regulating The Private Practice Of Former Government Lawyers, Barbara G. Mance

Golden Gate University Law Review

This comment advocates the elimination of the "appearance of impropriety" as a legal and ethical standard governing the disqualification of former government lawyers and urges the ABA to adopt Rule LIP of the proposed Model Rules of Professional Conduct. Model Rule 1.11, Successive Government and Private Employment, provides a comprehensible, precise ethical rule regulating the post-government practice of lawyers in conformity with federal statute and regulation.


Thoroughbred Horse Racing And Breeding As A Tax Sheltered Investment: Recent Tax Law Developments, Joel B. Turner 2010 Golden Gate University School of Law

Thoroughbred Horse Racing And Breeding As A Tax Sheltered Investment: Recent Tax Law Developments, Joel B. Turner

Golden Gate University Law Review

This comment will first discuss principal tax shelter methods in general terms and then address the effects of recent tax legislation on tax-sheltered investments. Finally, the application of the current rules to hypothetical thoroughbred tax-sheltered investments will be undertaken to illustrate some of the options available to investors.


San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen 2010 Golden Gate University School of Law

San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen

Golden Gate University Law Review

What follows in this article is a discussion of: (1) the problems that have resulted in ten of San Francisco's neighborhood commercial streets due to economic revitalization that has been rapid and disorganized; (2) the City of San Francisco's attempt to deal with these problems by means of the Neighborhood Commercial Special Use District ordinance currently in effect; (3) how the provisions of the ordinance work; (4) the legal issues involved; and, (5) the planning and sociological principles the ordinance seeks to advance.


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