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Extraordinary Justice, David Gray 2009 University of Maryland School of Law

Extraordinary Justice, David Gray

David C. Gray

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just a special case of “Ordinary Justice.” Paying special attention to debates about reparations, this article argues that transitional justice is extraordinary, reflecting the source and nature of atrocities perpetrated under an abusive regime, and focused on the challenges and goals that define transitions to democracy. In particular, this Article argues that transitional justice is not profane, preservative, and retrospective, but, rather, Janus-faced, liminal, and transformative. The literature on reparations in transitions is divided between critics who regard reparations as quasi-tort ...


Foreign Under-Investment In Us Securities And The Role Of Relational Capital, Bryane Michael 2009 Columbia University

Foreign Under-Investment In Us Securities And The Role Of Relational Capital, Bryane Michael

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

Over 70 academic papers attempt to explain why foreigners invest in US securities. All ignore the vital role of the US broker-dealer. Macroeconomic factors like a trade balance or corporate governance may guide foreign investors toward certain markets. But US broker-dealers provide information to foreign investors and execute the actual trades. We hypothesize that particular foreign investors under-invest in US securities because of a lack of relational capital with US broker-dealers. We find that broker-dealer marketing intensity in foreign markets partly explains foreigners’ decisions to invest in US securities. We also estimate “pent-up” demand for US securities in developing countries ...


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart 2009 University of Colorado at Boulder

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart

Melissa R Hart

No abstract provided.


Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, Pamela Gershuny 2009 Southeast Missouri State University

Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, Pamela Gershuny

Pamela Gershuny

This article offers a compromise position in the longstanding and often heated debate between proponents of the Management Driven Model for teaching undergraduate Legal Environment of Business courses and those scholars supporting the Litigation Driven Model. The goal in both camps is to stimulate a desire to learn. This is especially challenging for business law professors, however, as undergraduate business students usually enroll because it is required, not because they have a deep and profound interest in learning the law. This study was designed to gain a greater understanding of the learning outcomes associated with the mock trial as an ...


Conflict Of Laws, Perry Dane 2009 Rutgers School of Law -- Camden

Conflict Of Laws, Perry Dane

Perry Dane

This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates ...


The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline, Ulf Linderfalk 2009 Lund University

The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline, Ulf Linderfalk

Ulf Linderfalk

A few years ago, the legality of Operation Enduring Freedom (OEF) was a topic much discussed in the international legal literature. This article approaches the problem from a new angle. Rather than investigating the relevant issue of legal substance – whether or not OEF was ever consistent with international law – the article focuses attention on the general scholarly performance in dealing with this issue. Scrutinizing the literature published immediately following upon the events of 11 September 2001, the author suggests that overall, the scholarly debate on the legality of OEF did not live up to the standards normally applied in serious ...


Teaching Advocacy Skills In The Context Of Moot Court Competitions (With Professor Joanne Hodge), Ardath Hamann 2009 John Marshall Law School

Teaching Advocacy Skills In The Context Of Moot Court Competitions (With Professor Joanne Hodge), Ardath Hamann

Ardath A. Hamann

No abstract provided.


Impact Of Bioethics On Patentability Of Inventions’, Vishwas Devaiah 2009 OP Jindal Global University

Impact Of Bioethics On Patentability Of Inventions’, Vishwas Devaiah

Vishwas H Devaiah

This paper examines the impact of bioethics on patent claims. The increase in research activities involving human biological materials, and the rush to commercialise inventions derived from such biological materials, can at times result in unethical conduct of research. Questions arise as to whether patent law should concern itself with tainted research that has resulted in an invention or whether it should grant patent rights solely on the basis of the technical improvements resulting from such research. This paper highlights the significance of ethical practice in biomedical research, an issue that may influence the decision to grant patents on inventions ...


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 ...


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