The Doctrine Of Proportionality, 2009 National Law University, Delhi
The Doctrine Of Proportionality, Mubashshir Sarshar
No abstract provided.
Guilty Until Proven Guilty: Rule 61 Of The Icty, 2009 Cleveland State University
Guilty Until Proven Guilty: Rule 61 Of The Icty, Aleksandra Stankovic
Aleksandra B Stankovic
The following article critiques the pre-trial procedure of the International Criminal Tribunal for the Former Yugoslavia, (ICTY) a topic of great significance at the moment, as the trial of Radovan Karadzic, one of the ICTY’s most well-known fugitives, has recently commenced in the Hague. This article argues that the ICTY’s Rule 61 procedure, which an absent Karadzic was subject to over ten years ago, severely degrades the defendant’s right to a fair trial in two ways. First, it effectively functions as a trial in absentia, contravening the ICTY statute and depriving the defendant of the right to ...
Law, Facts, And Power, 2009 Southern Methodist University
Law, Facts, And Power, Elizabeth Thornburg
The Supreme Court’s opinion in Ashcroft v. Iqbal is wrong in many ways. This essay is about only one of them: the Court’s single-handed return to a pleading system that requires lawyers and judges to distinguish between pleading facts and pleading law. This move not only resuscitates a distinction purposely abandoned by the generation that drafted the Federal Rules of Civil Procedure, but also serves as an example of the very difficulties created by the distinction. The chinks in the law-fact divide are evident in Iqbal itself—both in the already notorious pleading section of the opinion, and ...
Sexual Harassment Of Women At Workplace In Iran., 2009 University Kebangssan Malaysia
Sexual Harassment Of Women At Workplace In Iran., Ehsan Rostamzadeh
No abstract provided.
Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, 2009 George Washington University Law School
Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert Glicksman
Robert L. Glicksman
The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.
This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch ...
Applying Nuisance Law To Internet Obscenity, 2009 Notre Dame Law School
Applying Nuisance Law To Internet Obscenity, Michael Gray
Michael J. Gray
The current use of criminal law to prosecute Internet obscenity is ineffective and at the same time unfair. While prosecution of obscenity over the internet is extremely rare, when a prosecution does occur the punishment is extremely harsh. This paper advocates the use of nuisance law injunctions as a better alternative to responding to Internet obscenity. Nuisance law provides the advantage of allowing for wider enforcement of obscenity law on the Internet, while at the same time reducing the penalty for violating the subjective Miller test for obscenity. This paper also explores recent applications of nuisance law to the Internet ...
The Sporting Exemption In European Case Law, 2009 University of Peloponnese
The Sporting Exemption In European Case Law, Marios Papaloukas
In the early nineties, when the “Bosman” case arose, sports authorities were faced with a great challenge. The widely accepted autonomy and self-regulation of the sports sector was at stake. If sports were to be treated as just another economic activity without exceptions and if its specific characteristics were not recognised, the whole athletic establishment would be endangered. Since then there were many efforts both from member states and from sports entities in order to establish the so called “sporting exemption” on a political level as well as before the European Court of Justice (henceforth ECJ). The “Olympique Lyonnais” case ...
Towards A Truly Harmonised International Commercial And Investment Arbitration Law Enforcing Mena-Foreign Investor Arbitrations Via A Single Regulatory Framework: A New Map For A New Landscape., 2009 Macquarie University
Towards A Truly Harmonised International Commercial And Investment Arbitration Law Enforcing Mena-Foreign Investor Arbitrations Via A Single Regulatory Framework: A New Map For A New Landscape., Mary Ayad
Dr Mary B Ayad PhD
The current regulatory framework governing International Commercial and investment Arbitration Law, hereinafter ‘ICA’ Law is problematic. A new harmonised ICA Law addressing current laws and trends in ICA Law and IIA Law applicable to both European investors and MENA governments regarding oil concession and foreign investment contract disputes is required to form the foundation of a single regulatory framework. A harmonised ICA/IIA Law will ensure courts rule in favour of arbitral award enforcement. Reasons for the ever importance of Arbitral Award enforcement will be given. This new law, based on general principles of law found at civil, common and ...
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, 2009 Chicago-Kent College of Law
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice Batlan
Felice J Batlan
The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path ...
The Court's New Litmus Test, 2009 St. Paul Academy and Summit School
The Court's New Litmus Test, Aaron Shuler
Aaron J Shuler
No abstract provided.
Access To Knowledge In Egypt: New Research On Intellectual Property, Innovation And Development, 2009 American University in Cairo
Access To Knowledge In Egypt: New Research On Intellectual Property, Innovation And Development, Lea Shaver, Nagla Rizk
The conventional wisdom in Egypt examines the issue of intellectual property solely as a question of policing and enforcement. The high levels of protection indicated by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights are unquestioningly assumed to be desirable. Policy debates—and all too often academic ones as well—focus only on the questions of how to more efficiently tighten IP protection and crack down on “piracy.” Yet a more critical examination is urgently needed, whereby IP law, policy, and practice are viewed from a development perspective, rather than from an enforcement perspective.
This volume takes ...
Norwood Beveridge, A Professor For All Seasons, 2009 Oklahoma City University School of Law
Norwood Beveridge, A Professor For All Seasons, Daniel Morgan
Daniel J. Morgan
No abstract provided.
Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, 2009 Southern Illinois University School of Law
Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, Cindy Buys
Cindy G. Buys
Frederich Nottebohm was the subject of a famous 1956 International Court of Justice (ICJ) decision that still has resonance today. The story of how Mr. Nottebohm, a wealthy German-born businessman living in Guatemala, came to be the subject of a case before the world court exposes a little known program run by the United States during World War II in which the United States pressured Latin American countries like Guatemala to identify persons of German nationality or ancestry and turn them over to the United States for internment for the duration of the war. Many of these persons were assumed ...
Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, 2009 University of San Francisco
Comparative Deterrence From Private Enforcement And Criminal Enforcement Of The U.S. Antitrust Laws, Joshua Davis
Joshua P. Davis
The debate over the value of private antitrust enforcement long has been heavy with self-serving assertions by powerful economic interests, but light on factual evidence. To help fill this void we have been conducting research for several years on a variety of empirical topics. This article develops and then explores the implications of a startling finding. Even those who do not deride private enforcement usually believe its only function is to compensate victims of antitrust violations by modest amounts. Significant deterrence is commonly thought to be the effect only of government enforcement, especially criminal enforcement. Our article's conclusion that ...
Choice, Progressive Values, And Corporate Law: A Reply To Greenfield, 2009 George Mason University School of Law
Choice, Progressive Values, And Corporate Law: A Reply To Greenfield, Harry Hutchison
Harry G. Hutchison
In his recent book chapter, CORPORATE LAW AND THE RHETORIC OF CHOICE, Professor Kent Greenfield rejects contractarian justifications for existing corporate governance arrangements. Greenfield advances this critique on two grounds. First, relying on behavioralist scholars, he accepts the demise of the rational actor model and, accordingly, opposes the contemporary use of choice as a construct that legitimates current corporate governance approaches. Second, Greenfield refracts his analysis through the prism of Progressive thought and values.
Greenfield’s approach is disturbing for two reasons. First, he fails to notice that behavioralist scholars often rely on experimental data, while law and economics scholars ...
Ethos Of Independence Across Regions In The United States: The Production-Adoption Model Of Cultural Change., S Kitayama, L Conway, P Pietromonaco, H Park, V Plaut
Contemporary U.S. culture has a highly individualistic ethos. Nevertheless, exactly how this ethos was historically fostered remains unanalyzed. A new model of dynamic cultural change maintains that sparsely populated, novel environments that impose major threats to survival, such as the Western frontier in the United States during the 18th and 19th centuries, breed strong values of independence, which in turn guide the production of new practices that encourage self-promotion and focused, competitive work. Faced with few significant threats to survival, residents in traditional areas are likely to seek social prestige by adopting existing practices of other, higher status groups ...
Labour Trafficking: Key Concepts And Issues, 2009 Centre for International and Public Law, Australian National University
Labour Trafficking: Key Concepts And Issues, Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.
Ghosts In The Postmodern Family, 2009 Washington University in St Louis
Ghosts In The Postmodern Family, Annette Appell
As legal theory and doctrine respond to the range and complexity of biological and social connections that increasingly compose families, they evoke a bionormative nuclear family framework for lesbian and gay families, stepfamilies and families created with outsourced reproductive materials or labor. This Article questions this approach because it disregards the complex foundational roles of biological relationships in American jurisprudence and fails to appreciate the unique aspects of kinship in these postmodern families. Instead, this Article anchors the postmodern family law movement in the physical, social and economic conditions that affect the most disaffected among us: those who are socially ...
Promoting Innovation Through The Rational Enforcement Of Intellectual Property Rights: A Proposal, 2009 John Marshall Law School - Chicago
Promoting Innovation Through The Rational Enforcement Of Intellectual Property Rights: A Proposal, Doris Long
Doris Estelle Long
No abstract provided.
Foreward (Centennial Issue Of The Oklahoma Law Review), 2009 University of Oklahoma College of Law
Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats
Andrew M. Coats
No abstract provided.