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384,216 full-text articles. Page 6517 of 6756.

The Crisis: Libertas And Veritas, Eric Engle 2010 Nova Southeastern University

The Crisis: Libertas And Veritas, Eric Engle

ILSA Journal of International & Comparative Law

The world today finds itself in a recession. The global recession was caused by unsustainable borrowing provoked by the self destructive and incoherent "war on terror" in concert with irresponsible bank lending-bad debt.


The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao 2010 Nova Southeastern University

The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao

ILSA Journal of International & Comparative Law

Recent events have intensified the debates over "freedom of contract" and governmental intervention in China: the Shanxi coal mining reform and the forced mergers, the corkage fee dispute in Guizhou, the offers posted on the Internet selling human milk, contractual surrogacy arrangement, contractually designed money laundering scam in western China under the name of western China development, just to name a few


The Treaty-Making Process: A Guide For Outsiders, Detlev F. Vagts 2010 Nova Southeastern University

The Treaty-Making Process: A Guide For Outsiders, Detlev F. Vagts

ILSA Journal of International & Comparative Law

This article guides the reader step by step through the process by which treaties are created.


Why The Free Speech Protection Act Of 2009 Serves As A Necessary Judicial Restraint Against Foreign Libel Judgments, Gabriela A. Urbina 2010 Nova Southeastern University

Why The Free Speech Protection Act Of 2009 Serves As A Necessary Judicial Restraint Against Foreign Libel Judgments, Gabriela A. Urbina

ILSA Journal of International & Comparative Law

Throughout the world the phrase "freedom of expression" has many different meanings.


Quit Messing Around: Department Of Defense Anti-Prostitution Policies Do Not Eliminate U.S.-Made Trafficking Demand, Christopher M. Brown 2010 Nova Southeastern University

Quit Messing Around: Department Of Defense Anti-Prostitution Policies Do Not Eliminate U.S.-Made Trafficking Demand, Christopher M. Brown

ILSA Journal of International & Comparative Law

Thirty feet outside the main gate of Camp Casey, a group of soldiers wair for the cross-walk light to flash permission to walk.


A Human Rights Framework For Corporate Accountability, Jeanne M. Woods 2010 Nova Southeastern University

A Human Rights Framework For Corporate Accountability, Jeanne M. Woods

ILSA Journal of International & Comparative Law

The ongoing controversy over corporate liability for human rights violations' seems counterintuitive today, in an era characterized by the unprecedented expansion of both rights instruments and global commercial intercourse.


Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons 2010 Nova Southeastern University

Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons

ILSA Journal of International & Comparative Law

Joint criminal enterprise (JCE)-a judicially interpreted doctrine'- has become a "hallmark" mode of liability at the international Tribunals.


No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton 2010 University of Miami School of Law

No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton

Articles

No abstract provided.


Nova Law Review 35, 1, Nova Law Review 2010 Nova Southeastern University

Nova Law Review 35, 1, Nova Law Review

Nova Law Review

No abstract provided.


Closing The Door: Mental Illness, The Criminal Justice System, And The Need For A Uniform Mental Health Policy, Shane Levesque 2010 Nova Southeastern University

Closing The Door: Mental Illness, The Criminal Justice System, And The Need For A Uniform Mental Health Policy, Shane Levesque

Nova Law Review

No abstract provided.


Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara 2010 Nova Southeastern University - Shepard Broad College of Law

Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Introduction: Remembering Stephanie Feldman Aleong, 34 Nova Law Review 565 (2010).


Shepard Broad Law Center Mission And Vision, Nova Southeastern University 2010 Nova Southeastern University

Shepard Broad Law Center Mission And Vision, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez 2010 Nova Southeastern University - Shepard Broad College of Law

La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez

Faculty Scholarship

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the patient and his or her family. Under current Medicare regulations and other health care payers’ policies, patients must abandon the hope of curative treatment before opting for hospice services. As a result, many terminally ill patients access the services late, sometimes a few hours before death. Scholars have proposed that ...


No More Rockin' In The Free World: Removing The Radio Broadcast Exemption, 9 J. Marshall Rev. Intell. Prop. L. 935 (2010), Brandon H. Nemec 2010 John Marshall Law School

No More Rockin' In The Free World: Removing The Radio Broadcast Exemption, 9 J. Marshall Rev. Intell. Prop. L. 935 (2010), Brandon H. Nemec

The John Marshall Review of Intellectual Property Law

In an era of boundless technological advancement, the music industry faces its most turbulent economic landscape to date. The sustainability of the industry relies on the emergence of an innovative strategy to adapt music’s business model and continue to incentivize the creation and performance of brilliant music. A modernized industry model necessitates a reorganization of the copyright protections ultimately designed to motivate exceptional musicians. The following comment proposes a shift in one of music’s traditional revenue streams, and examines the controversial public performance exemption provided to broadcast radio. While debate has circulated around the public performance exemption for ...


The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law, Wentong Zheng 2010 University of Florida Levin College of Law

The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law, Wentong Zheng

UF Law Faculty Publications

Markets have long been used as benchmarks for economic value in various areas of law. However, a crucial question has received less than adequate attention: what type of market should be used in the market benchmark? More specifically, given all the imperfections one typically finds in day-to-day markets, how perfect does a market have to be in order to qualify as a benchmark for economic value? This Article discusses this question using countervailing duty law as a case study. Countervailing duty law allows the United States to impose countervailing duties on imported merchandise to offset subsidies conferred by foreign governments ...


Designing Antitrust Agencies For More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides, D. Daniel Sokol 2010 University of Florida Levin College of Law

Designing Antitrust Agencies For More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides, D. Daniel Sokol

UF Law Faculty Publications

Antitrust policy should be concerned with the quality and effectiveness of the antitrust system. Some efforts at agency effectiveness include self-study of antitrust agencies to determine the factors that lead to improving agency quality. Such studies, however, often focus only on enforcement decisions and other agency initiatives such as competition advocacy. They do not reflect at least one other part of the equation: what do non-government users of the antitrust system think about the quality of antitrust agencies? This Symposium Essay advocates the use of a ratings guide by antitrust practitioners for antitrust agencies to add to the tools in ...


The Discursive Failure In Comparative Tax Law, Omri Y. Marian 2010 University of Florida Levin College of Law

The Discursive Failure In Comparative Tax Law, Omri Y. Marian

UF Law Faculty Publications

Tax comparatists tend to bemoan the grim status of their chosen field. Complaints are aimed both at the scarcity of decent comparative legal tax scholarship, and at the lack of a theoretical foundation for the study of comparative tax law. The purpose of this Article is to portray a more sanguine, yet critical, view of this field. Sanguine, since a sympathetic reading of contemporary comparative tax scholarship demonstrates that there is more than enough such scholarship to generate a lively debate on comparative tax works and their methodologies. Critical, since all of these works fail to produce even the faintest ...


The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick 2010 University of Florida Levin College of Law

The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick

UF Law Faculty Publications

Rule 10b-5, a powerful weapon against any publicly-listed company whose share price drops on adverse news, is particularly skewed against pharmaceutical and other bio-technology companies (bio-pharmas). It is not a coincidence that there is a disproportionate number of class actions filed against bio-pharmas. The volume and complexity of data underlying most bio-pharma cases create enormous outcome uncertainties, settlement pressures, and potentially huge contingent liabilities over substantial periods of time. The vulnerability and risks that bio-pharmas face in Rule 10b-5 class actions are unique among all publicly-traded industries, yet many cases proceed along traditional grounds without courts employing either their statutory ...


Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki 2010 University of Florida Levin College of Law

Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki

UF Law Faculty Publications

The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.

Part I of ...


Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens 2010 University of Florida Levin College of law

Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens

UF Law Faculty Publications

Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering ...


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