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Struck By Lightning: Walker V. Georgia And Louisiana's Proportionality Review Of Death Sentences, Robert Smith, Bidish Sarma, G. Cohen 2009 University of North Carolina at Chapel Hill

Struck By Lightning: Walker V. Georgia And Louisiana's Proportionality Review Of Death Sentences, Robert Smith, Bidish Sarma, G. Cohen

Robert J Smith

The Louisiana Supreme Court conducts a comparative case proportionality review of each Louisiana death sentence to ensure that the punishment is not excessive considering both the crime and the criminal. The Court underscores that the federal constitution does not compel its practice. This article questions the Louisiana Supreme Court’s understanding of the Constitution and demonstrates that its proportionality review is constitutionally insufficient.


Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar 2009 University of Navarra

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.


“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow 2009 University of East Anglia

“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow

Christopher Wadlow

A television advertising campaign based on the assertion that counterfeit medicines bought over the internet have been found to contain rat poison is criticised as having no demonstrable basis in fact.


Trade, Energy, And Climate Change Policies Of Basic Nations: One Step Closer To An Economic Interest-Based International Law?, Deepa Badrinarayana 2009 Chapman University

Trade, Energy, And Climate Change Policies Of Basic Nations: One Step Closer To An Economic Interest-Based International Law?, Deepa Badrinarayana

Deepa Badrinarayana

No abstract provided.


La Protection Des Civils Dans Les Nouvelles Configurations Conflictuelles : Retour Au Droit Des Gens Ou Dépassement Du Droit International Humanitaire, Gregory Lewkowicz 2009 Université Libre de Bruxelles

La Protection Des Civils Dans Les Nouvelles Configurations Conflictuelles : Retour Au Droit Des Gens Ou Dépassement Du Droit International Humanitaire, Gregory Lewkowicz

Gregory Lewkowicz

In this paper, the development of alternative regulatory tools (codes of conduct, monitoring mechanisms, etc.) dealing with the protection of civilians during armed conflicts is scrutinized in the context of “new wars”. The paper analyses the connections between these alternative regulatory tools and classical international humanitarian law (IHL) instruments. The paper suggests that the profusion of alternative regulatory tools can help to disseminate classical IHL norms and to adapt them to contemporary warfare. The paper also envisages the possibility of a new “lex armorum” emerging from these new regulatory tools and challenging classical IHL.


A Call To Action: Turning The Golden State Into A Golden Opportunity For International Arbitration, David Caron, Leah Harhay 2009 The Dickson Poon School of Law, King's College London

A Call To Action: Turning The Golden State Into A Golden Opportunity For International Arbitration, David Caron, Leah Harhay

David D. Caron

This Article highlights the challenges facing California in its efforts to become a center of international arbitration, provides examples of legislation for the California Bar and California State Legislature to consider, and suggests various avenues by which to bring California more fully into the international legal community. In particular, California unintentionally does not allow foreign attorneys to represent their clients in international arbitration conducted in California. Amidst both renewed efforts to make California a more likely seat of international arbitration and a legislative opening to revise this aspect of the law, change in the latter makes the former both possible ...


Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John Gedid 2009 Widener Law

Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John Gedid

John L. Gedid

No abstract provided.


Implementing Public Health Regulations In Developing Countries: Lessons From The Oecd Countries, Max Levin 2009 Selected Works

Implementing Public Health Regulations In Developing Countries: Lessons From The Oecd Countries, Max Levin

Max Levin

No abstract provided.


Political Censorship And Indian Cinematographic Laws: A Functionalist Liberal Analysis, Arpan Banerjee 2009 Selected Works

Political Censorship And Indian Cinematographic Laws: A Functionalist Liberal Analysis, Arpan Banerjee

Arpan Banerjee

Discusses the censorship of political films in colonial and contemporary India. Examines the Cinematograph Act 1952.


Annex 1 – Pathfinder On International Investment Law And Alternative Dispute Resolution Web - Based Resources To United Nations Conference On Trade And Development Inves Tor - State Disputes: Prevention And Alternatives To Arbitration Ii, Caroline Osborne 2009 Washington and Lee University School of Law

Annex 1 – Pathfinder On International Investment Law And Alternative Dispute Resolution Web - Based Resources To United Nations Conference On Trade And Development Inves Tor - State Disputes: Prevention And Alternatives To Arbitration Ii, Caroline Osborne

Caroline L. Osborne

This pathfinder is intended to assist government officials, investors, practitioners, arbitrators, scholars, and other stakeholders in locating literature on the dialogue of international investment law and dispute resolution. This document covers online resources useful in promoting collaborative relationships among experts in international investment law and dispute resolution. Primary international investment law materials include multinational and bilateral investment and trade agreements, as well as domestic laws and regulations of foreign investments made in other countries. Traditional topics of interest under international investment law include tax, antitrust, securities, corporate, environmental, and labor laws. Arbitration is a dispute resolution process typically conducted in ...


Spineless Wonders: How Listing Marine Invertebrates And Their Larvae Challenges The Us Endangered Species Act, Ryan Kelly 2009 University of California, Berkeley

Spineless Wonders: How Listing Marine Invertebrates And Their Larvae Challenges The Us Endangered Species Act, Ryan Kelly

Ryan P Kelly

The National Marine Fisheries Service (NMFS) recently determined that 82 species of corals may warrant protection under the Endangered Species Act (ESA). This decision highlights a disconnect between the ESA and the biology of many species to which it applies. In particular, marine invertebrates – ocean-dwelling species without a backbone – are an uneasy fit for the Act’s terms, largely as a result of their complex life cycles that can involve swimming larval stages. These species and their larvae challenge the federal agencies to fulfill the protective mandate of the ESA while minimizing disruption to the wide range of economic and ...


Women And Private Military And Security Companies, Ana Filipa Vrdoljak 2009 University of Western Australia

Women And Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of ...


The Doctrine Of Proportionality, Mubashshir Sarshar 2009 National Law University, Delhi

The Doctrine Of Proportionality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Guilty Until Proven Guilty: Rule 61 Of The Icty, Aleksandra Stankovic 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, Elizabeth Thornburg 2009 Southern Methodist University

Law, Facts, And Power, Elizabeth Thornburg

Beth 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., Ehsan Rostamzadeh 2009 University Kebangssan Malaysia

Sexual Harassment Of Women At Workplace In Iran., Ehsan Rostamzadeh

Ehsan Rostamzadeh

No abstract provided.


Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert Glicksman 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, Michael Gray 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, Marios Papaloukas 2009 University of Peloponnese

The Sporting Exemption In European Case Law, Marios Papaloukas

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., Mary Ayad 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 ...


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