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Case Management And Online Public Access Systems Of The Courts – An Urgent Call Of Legislative Action, Joseph Zernik 2009 Human Rights Alert (NGO)

Case Management And Online Public Access Systems Of The Courts – An Urgent Call Of Legislative Action, Joseph Zernik

Joseph Zernik

Digital voting machines were previously shown to be vulnerable to malfunction and malfeasance. Papers, recently published in computer science journal, likewise, outlined the invalidity of digital case management and online public access systems that govern the courts, jails, and prisons in the United States, and documented large-scale abuse of such systems. Invalid case management and online public access systems were claimed as key to deterioration of integrity of the justice system, which was previously opined in official, expert, and media reports. Such systems enabled the holding of prisoners under pretense of lawfulness, the conduct of pretense court proceedings, and the ...


"Los Bienes Jurídicos Colectivos En El Derecho Penal. Consideraciones Sobre El Fundamento Y Validez De La Protección Penal De Los Intereses Macrosociales", Elky Villegas Paiva 2009 Selected Works

"Los Bienes Jurídicos Colectivos En El Derecho Penal. Consideraciones Sobre El Fundamento Y Validez De La Protección Penal De Los Intereses Macrosociales", Elky Villegas Paiva

Elky A. Villegas Paiva

El trabajo aborda la cuestionada intervención del Derecho penal en la protección de los bienes jurídicos colectivos. Se parte de destacar el condicionamiento que ejerce la sociedad del riesgo en la configuración del moderno Derecho penal. Posteriormente se realiza una breve descripción sobre el origen de los bienes macrosociales en el campo penal, para luego analizar los presupuestos de merecimiento y necesidad de pena, condiciones que deben superar aquellos intereses –individuales o colectivos- para que su tutela penal sea legítima. Finalmente se examinan las técnicas de tipificación frecuentemente empleadas para la protección penal de estos intereses colectivos, pues es aquí ...


Access To Knowledge In Brazil: New Research On Intellectual Property, Innovation And Development, Lea Shaver 2009 Indiana University - Robert H. McKinney School of Law

Access To Knowledge In Brazil: New Research On Intellectual Property, Innovation And Development, Lea Shaver

Lea Shaver

Access to knowledge is a demand for democratic participation, for global inclusion and for economic justice. It is a reaction to the excessively restrictive international IP regime put in place over the last two decades, which seeks to reassert the public interest in a more balanced information policy. With sponsorship from the Ford Foundation, the Information Society Project has embarked on a new series of access to knowledge research, in partnership with colleagues in Brazil, China, Egypt, Ethiopia, India, Russia and South Africa.

The first book in this series, Access to Knowledge in Brazil, focuses on current issues in intellectual ...


Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter 2009 Fordham University School of Law

Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter

Martin Gelter

This Article examines the consequences of regulatory arbitrage in European corporate law on the position of employees. Two innovations of secondary EU law, namely the possibility to create a European Company (“SE”) out of existing firms and the Directive on Cross-Border Mergers, have made regulatory arbitrage with respect to employee involvement in existing firms possible. While these instruments require the merging firms to negotiate with employees about their representation rights as a precondition to the merger, a closer analysis of the law and recent experience show that the protection accorded to existing employee participation systems is incomplete. There can be ...


The Price Effects Of Event Risk Protection: The Results From A Natural Experiment, Karl Okamoto, David Pedersen, Natalie Pedersen 2009 Drexel University

The Price Effects Of Event Risk Protection: The Results From A Natural Experiment, Karl Okamoto, David Pedersen, Natalie Pedersen

Natalie Pedersen

Prior studies have generally agreed that bond prices reflect both the event risk faced by the holders of a particular issuer’s debt securities and the degree of protection from event risk contained within the terms of the bond. Therefore, it has been found that bonds without event risk protection command a premium over comparable bonds with “change in control puts” or similar protective covenants. Although prior studies have reached this common conclusion, each has struggled with a common problem. The decision to include protective covenants is endogenous. Bonds facing the highest event risk are likely to be those for ...


O Critério Da Capacidade Econômica Na Tributação, Julio Pinheiro Faro 2009 Faculdade de Direito de Vitória

O Critério Da Capacidade Econômica Na Tributação, Julio Pinheiro Faro

Julio Pinheiro Faro

This article discuss the economic capacity criterion's established by paragraph 1 Article 145 of the Brazilian Constitution, regarding above all, the distributive justice taxation with the minimum existential requirement of the taxpayer.


Toward A General Theory Of Standards Of Proof, Fredrick Vars 2009 University of Alabama - Tuscaloosa

Toward A General Theory Of Standards Of Proof, Fredrick Vars

Fredrick E Vars

Which standard of proof is best for a particular type of case? This deceptively simple question has been much discussed, but the current state of understanding is unsatisfactory. Statisticians posed a general answer; philosophers and others launched an assault on that answer; practically oriented scholars draw on both strains unsystematically; and courts generally offer little or no reasoning for their decisions. The goal of this article is to outline a systematic and complete justification for selecting one probabilistic standard of proof over another. By training a microscope on one small corner of the law---incapacity will contests---this article demonstrates the relevance ...


The Values Of An Old Crank: A Response To Professor Taylor's Critique Of The Case Method, Brigham Fordham 2009 Arizona Summit Law School

The Values Of An Old Crank: A Response To Professor Taylor's Critique Of The Case Method, Brigham Fordham

Brigham A Fordham

No abstract provided.


Judicial Restraint And The Enforcement Of Environmental Rights In The Philippines, Dante Gatmaytan 2009 University of the Philippines, College of Law

Judicial Restraint And The Enforcement Of Environmental Rights In The Philippines, Dante Gatmaytan

Dante B. Gatmaytan

No abstract provided.


Measuring Financial Access Around The World, Jake Kendall, Nataliya Mylenko, Alejandro Ponce 2009 World Justice Project

Measuring Financial Access Around The World, Jake Kendall, Nataliya Mylenko, Alejandro Ponce

Alejandro Ponce

No abstract provided.


The Legal Framework For Cross-Border Insolvency In Brazil, Paulo Campana Filho 2009 Universidade de Sao Paulo

The Legal Framework For Cross-Border Insolvency In Brazil, Paulo Campana Filho

Paulo Fernando Campana Filho

The article outlines Brazilian cross-border insolvency system. After briefly explaining the development of cross-border insolvency theory (particularly the academic models of universalism and territoriality and their derivates) and the landscape of insolvency law in Brazil (especially after the extensive 2005 reform), the article explores the rules adopted by the country on the matter (and which were enacted over the years), as well as court decisions and opinions of scholars, and concludes that the legal framework is rather inadequate and that, in the absence of clear rules, the country adopts territoriality. The article also summarizes two of the biggest insolvency cases ...


Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna Hemingway 2009 Widener University Commonwealth Law School

Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna Hemingway

Anna P. Hemingway

This article explains how practitioners’ briefs filed in cases law students are currently studying can be used in the classroom to enhance legal education. It provides pedagogical reasons, such as increased student interest and richer appreciation of the legal process, for why these documents should become part of the law school curriculum. It discusses the goals Roy Stuckey proposed for legal education in Best Practices for Lawyers and argues that by uniting theory with practice, the use of practitioners’ briefs would help law schools attain those goals. The article provides different ways that practitioners’ briefs can be used in the ...


The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, Tom Curtin 2009 Brooklyn Law School

The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, Tom Curtin

Tom Curtin

This Note explores the potential hazards and effects of the username feature on the proprietary interests of trademark owners, and argues that social media sites need to implement code based solutions to adequately address trademark infringement on their websites. Cited in Callmann's Unfair Competition, Trademarks, & Monopolies (2011).


The Keystone Of The Second Amendment: Quakers, The Pennsylvania Constitution, And The Questionable Scholarship Of Nathan Kozuskanich, David Kopel, Clayton Cramer 2009 Independence Institute

The Keystone Of The Second Amendment: Quakers, The Pennsylvania Constitution, And The Questionable Scholarship Of Nathan Kozuskanich, David Kopel, Clayton Cramer

David B Kopel

Historian Nathan Kozuskanich claims that the Second Amendment-like the arms provision of the 1776 Pennsylvania Constitution-is only a guarantee of a right of individuals to participate in the militia, in defense of the polity. Kozuskanich’s claim about the Second Amendment is based on two articles he wrote about the original public meaning of the right to arms in Pennsylvania, including the 1776 and 1790 Pennsylvania constitutional arms guarantees.

Part I of this Article provides a straightforward legal history of the right to arms provisions in the 1776 Pennsylvania Constitution and of the 1790 Pennsylvania Constitution. We examine Kozuskanich’s ...


The Relief Available To The Prevailing Party In Patent Litigation, Samuel Ernst 2009 Chapman University School of Law

The Relief Available To The Prevailing Party In Patent Litigation, Samuel Ernst

Samuel F Ernst

No abstract provided.


Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy Knauer

Nancy J. Knauer

This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section discusses ...


Practical Guide To Estate Planning, Ray Madoff, Cornelia Tenney, Martin Hall, Lisa Mingolla 2009 Boston College Law School

Practical Guide To Estate Planning, Ray Madoff, Cornelia Tenney, Martin Hall, Lisa Mingolla

Ray D. Madoff

No abstract provided.


Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz 2009 Chicago-Kent College of Law

Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz

David L. Schwartz

No abstract provided.


The Case Of The Black-Gloved Rapist: Defining The Public Defender's Role In The California Courts, 1913-1948, Sara Mayeux 2009 Stanford University

The Case Of The Black-Gloved Rapist: Defining The Public Defender's Role In The California Courts, 1913-1948, Sara Mayeux

Sara Mayeux

No abstract provided.


Book Review: Self-Enforcing Trade By Chad Bown, Dr. Diane Desierto 2009 Peking University School of Transnational Law

Book Review: Self-Enforcing Trade By Chad Bown, Dr. Diane Desierto

Dr. Diane A Desierto

No abstract provided.


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