Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

368826 Full-Text Articles 147409 Authors 139003866 Downloads 359 Institutions

All Articles in Law

Faceted Search

368826 full-text articles. Page 6516 of 6563.

La Actio Tributoria En El Contexto Del Emprendimiento Romano, Patricio Lazo 2009 Universidad de Antofagasta

La Actio Tributoria En El Contexto Del Emprendimiento Romano, Patricio Lazo

Patricio Lazo

No abstract provided.


Model Omnibus Privacy Statute, Sam Han 2009 Burton Law FirmS

Model Omnibus Privacy Statute, Sam Han

Sam Han

One of today’s major concerns is how easily digital information can be copied and disseminated. Thus, when one’s private information becomes publicly available in digital format, that information can be readily duplicated and distributed across the globe within seconds. If the disseminated information includes credit card numbers or Social Security numbers, then there is a heightened exposure to identity theft and a host of other privacy-related crimes.

Given the existence of such a digital landmine, laws have been promulgated for various sectors (e.g., financial, healthcare, government, etc.) to protect personally-identifiable information. However, due to differing needs of ...


"Should I Stay Or Should I Go?"- Covenants Not To Compete In A Down Economy, Kathleen (Kate) O'Neill 2009 University of Washington School of Law

"Should I Stay Or Should I Go?"- Covenants Not To Compete In A Down Economy, Kathleen (Kate) O'Neill

Kathleen M. O'Neill

Suppose an employee assents to a covenant not to compete in exchange for a job. The formation of this “contract” is unexceptionable and one would suppose that ordinarily the employee ought to be bound by her promise. But suppose that, between the formation of the covenant and a dispute over enforcement of the covenant, the employer’s business deteriorates and the employer begins to squeeze the employee to work harder or take a cut in benefits. Should the squeeze be irrelevant if the employee eventually decides to quit and tries to take a job within her field that’s barred ...


Cancelación De "No Cheques" Por Un "No Portador Legítimo", Martin Paolantonio 2009 Universidad de Buenos Aires (UBA)

Cancelación De "No Cheques" Por Un "No Portador Legítimo", Martin Paolantonio

Martin Paolantonio

Comentario sobre un fallo de la Cámara Comercial que autoriza la cancelación de formularios de cheques no integrados, legitimando al banco girado


Proporcionalidade E Teoria Dos Jogos: Esboço De Um Método Comum, Thiago Cardoso Araujo 2009 Faculdade de Direito da Universidade do Estado do Rio de Janeiro

Proporcionalidade E Teoria Dos Jogos: Esboço De Um Método Comum, Thiago Cardoso Araujo

Thiago Cardoso Araujo

No abstract provided.


El Seminario Palafoxiano De La Puebla De Los Ángeles. Su Mundo Jurídico En Los Albores Del Siglo Xix, Alejandro Escobedo Rojas 2009 Universidad Panamericana Sede Mexico

El Seminario Palafoxiano De La Puebla De Los Ángeles. Su Mundo Jurídico En Los Albores Del Siglo Xix, Alejandro Escobedo Rojas

Alejandro G Escobedo Rojas

No abstract provided.


Comparative Income Taxation: A Structural Analysis, Hugh Ault, Brian Arnold 2009 Boston College Law School

Comparative Income Taxation: A Structural Analysis, Hugh Ault, Brian Arnold

Hugh J. Ault

The purpose of this book is to compare different solutions adopted by nine industrialized countries to common problems of income tax design. As in other legal domains, comparative study of income taxation can provide fresh perspectives from which to examine a particular national system. Increasing economic globalization also makes understanding foreign tax systems relevant to a growing set of transnational business transactions. Comparative study is, however, notoriously difficult. Full understanding of a foreign tax system may require mastery not only of a foreign language, but also of foreign business and legal cultures. It would be the work of a lifetime ...


Diversity Science: Why And How Difference Makes A Difference., V Plaut 2009 Berkeley Law

Diversity Science: Why And How Difference Makes A Difference., V Plaut

Victoria Plaut

This article proposes that addressing the complex ethnic and racial issues of the 21st century will require a diversity science. A diversity science will consider how people create, interpret, and maintain group differences among individuals, as well as the psychological and societal consequences of these distinctions. A diversity science will recognize that these significant social distinctions (in the case of this article, race and ethnicity) are not simply natural, neutral, or abstract. Instead they are created and recreated in the process of everyday social interactions that are grounded in historically derived ideas and beliefs about difference and in a set ...


Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad 2009 Macquarie University

Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad

Dr Mary B Ayad PhD

European Union member States, particularly those in the Mediterranean, must contend with refugee and asylum claims that impact female refugees and asylum seekers. In order to give justice to human rights protection, the author argues that claims by women and female children refugees must be viewed through the lens of gender. Although this is a debated issue, arguments on the side of gender are not only stronger, but are more in line with human rights protection. The current situation in the Mediterranean region necessitates looking at refugee claims with a critical eye to ‘culture’, ‘religion’ and ‘political opinion’, as well ...


Beyond Multilingualism. On Different Approaches To The Handling Of Diverging Language Versions Of A Community Law, Theodor Schilling 2009 Humboldt-Universitat zu Berlin - Humboldt University Berlin

Beyond Multilingualism. On Different Approaches To The Handling Of Diverging Language Versions Of A Community Law, Theodor Schilling

Theodor JR Schilling

This article deals with a problem created by the EU’s multilingualism, the fallibility of translators and the ruses of politicians: for different reasons, it is quite common that equally authentic language versions of a Community law have different meanings if taken on their own. While the ECJ’s uniform interpretation approach to this problem, which must be seen as required under the non-discrimination principle, has permitted equitable results in those cases decided by the ECJ, it would not be adequate for the simplest type of case, ie that a citizen has every reason to trust her own language version ...


The Anglo-American Perspective On Freezing Injunctions, masayuki tamaruya 2009 Rikkyo University

The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya

Masayuki Tamaruya

Freezing injunctions are pre-trial orders to restrain a defendant from dealing with his assets so as to forestall his attempt to frustrate the potential money judgment against him. Freezing injunctions have been adopted in most common law jurisdictions as an effective civil remedy to combat attempts by recalcitrant debtors or fraudsters to frustrate potential money judgments by use of ever faster methods of fund transfer. However, in Grupo Mexicano de Desarrollo SA v Alliance Bond Fund Inc, the US Supreme Court by a 5:4 judgment declared that the US District Court does not have the equitable jurisdiction to grant ...


The Topography And Geography Of U.S. Health Care Regulation, Thaddeus Pope 2009 Widener University - Delaware Campus

The Topography And Geography Of U.S. Health Care Regulation, Thaddeus Pope

Thaddeus Mason Pope

This is a book review of Health Care Regulation in America: Complexity, Confrontation, and Compromise by Robert I. Field (Oxford University Press, 2007).

On the front cover of Field’s new book, Health Care Regulation in America: Complexity, Confrontation, and Compromise, is a picture of a giant three-dimensional labyrinth. Rarely is cover art so perfectly appropriate. A maze is surely the image that best symbolizes the core objective of Field’s book: to provide readers a map and guidebook to the many interacting and overlapping private institutions and government agencies that regulate health care in America.

Like all primers, the ...


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul Robinson, Michael Cahill, Daniel Bartels 2009 Brooklyn Law School

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul Robinson, Michael Cahill, Daniel Bartels

Michael T. Cahill

Blackmail, a wonderfully curious offense, is the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich literature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any ...


Signs Of Mothering And The Built Environment, Renee Cramer, Sarah Marusek 2009 Drake University

Signs Of Mothering And The Built Environment, Renee Cramer, Sarah Marusek

Sarah Marusek

No abstract provided.


A Note On The Nonclass Aggregation Trilogy, Elizabeth Burch 2009 University of Georgia School of Law

A Note On The Nonclass Aggregation Trilogy, Elizabeth Burch

Elizabeth Chamblee Burch

Litigating Together: Social, Moral, and Legal Obligations I have posted a draft of the last in a trilogy of articles on nonclass aggregation (on SSRN) and thought I would provide a brief retrospective for the interested reader. The first article in the trilogy is Procedural Justice in Nonclass Aggregation, which explains in-depth the problems and risks presented by nonclass aggregation. It observes that systemic legitimacy and compliance with judicial decisions hinges on ensuring procedural justice, but that our current system for handling large-scale litigation fails to provide a number of key procedural-justice components including the preference for adversarial litigation, participation ...


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan

Felice J Batlan

No abstract provided.


Pedagogical Strategies For Teaching Moral Minimalism, Richard McGowan, Matthew McGowan, Garret McGowan 2009 Butler University

Pedagogical Strategies For Teaching Moral Minimalism, Richard Mcgowan, Matthew Mcgowan, Garret Mcgowan

Richard McGowan

College of BusinessIn 1986, Stephen Satris’s article, Student Relativism, meant to offer analysis of, and suggest some methods for dealing with, a quite particular and peculiar problem in teaching philosophy…I speak of the problem of student relativism. (Satris, 1986, p. 193) The problem has not gone away. However, psychological research suggests that the problem of relativism, a problem especially critical for teaching business ethics (or any other class in applied philosophy) is not insolvable. This paper, extending earlier work by R. McGowan, provides a brief account of research by Lawrence Kohlberg and William Perry on the structure of ...


Artigo Científico: Concepção, Temas, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz 2009 University of São Paulo, Law School

Artigo Científico: Concepção, Temas, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.


Individualism Submerged: Climate Change And The Perils Of An Engineered Environment, Juliet Stumpf, Daniel Chepaitis, Andrea Panagakis 2009 Lewis & Clark Law School

Individualism Submerged: Climate Change And The Perils Of An Engineered Environment, Juliet Stumpf, Daniel Chepaitis, Andrea Panagakis

Juliet P Stumpf

Current approaches to addressing the negative impacts of climate change rely on collective capabilities. Welfare economics and contractualism, the two conventional perspectives that dominate the debate, support the pursuit of adaptive strategies such as large-scale geoengineering projects to reduce solar radiation or ameliorate sea-water inundation. In place of returning greenhouse gas emissions to natural levels, these approaches put the global climate system and compensation for losses resulting from climate change under the control of some group of fellow humans. In other words, they privilege mechanisms that increase each individual=s dependence on a collective decisionmaker and decrease the individual=s ...


Sustaining Transparency?: Journalists, Government Officials, And The Minnesota Data Practices Act, Zac Farber, Hannah Johnson, Patrick Schmidt, Robert Woo 2009 Macalester College

Sustaining Transparency?: Journalists, Government Officials, And The Minnesota Data Practices Act, Zac Farber, Hannah Johnson, Patrick Schmidt, Robert Woo

Patrick Schmidt

No abstract provided.


Digital Commons powered by bepress