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Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing 2009 University of San Francisco

Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing

Bill Ong Hing

Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication ...


Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso 2009 University of San Francisco

Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso

Luke A. Boso

Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily ...


High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen 2009 Miller, Canfield, Paddock and Stone, PLC

High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen

Matthew P. Allen

No abstract provided.


Property And Transitional Justice, Bernadette Atuahene 2009 Chicago-Kent College of Law

Property And Transitional Justice, Bernadette Atuahene

Bernadette Atuahene

Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional ...


All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody 2009 Chicago-Kent College of Law

All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody

Evelyn Brody

Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of “payments in lieu of taxes” has not yet become a systematic compromise solution, PILOTs are attracting growing interest from local taxing jurisdictions. This Article highlights three issues— who decides the parameters of exemption, legislatures or courts; what are the specific factors and vulnerable subsectors; and how exemption is granted or withheld in practice—and concludes with several PILOT case studies. The Appendix sets forth a fifty-one-jurisdiction review of ...


Medical Ethics And Law, Ranganath Vadapalli VG. 2009 Faculty of Law, ICFAI Foundation for Higher Education (IFHE)

Medical Ethics And Law, Ranganath Vadapalli Vg.

Dr. V.G.Ranganath

Law and Medical Ethics are disciplines with frequent areas of overlap, yet each discipline has unique parameters and a distinct focus. Medical ethics may be defined as follows : Medical ethics is a discipline/methodology for considering the implications of medical technology/treatment and what ought to be.


El Protocolo Familiar, Daniel Echaiz Moreno 2009 Echaiz Abogados

El Protocolo Familiar, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


The Montana Supreme Court's Not-So-Subtle Assault On Arbitration, Anna Conley 2009 Selected Works

The Montana Supreme Court's Not-So-Subtle Assault On Arbitration, Anna Conley

Anna Conley

No abstract provided.


An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson 2009 Harvard Law School

An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson

Gregory M Dickinson

Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.

This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...


Guioco Piano: The Acquiree's Dilemma, Karl T. Muth, Hans Trees 2009 London School of Economics and Political Science

Guioco Piano: The Acquiree's Dilemma, Karl T. Muth, Hans Trees

Karl T Muth

This article discusses strategic decisions made by the acquiree in an M&A scenario and also includes a case study on Zond Energy and Enron.


Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson 2009 University of Texas at El Paso

Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson

Adam Arenson

The Dred Scott Case centered on the Scott family—Dred and Harriet, and their daughters Eliza and Lizzie—but in the recorded history, after March 6, 1857 the Scotts suddenly fade, as if their lives ended that day in the courthouse. They did not. Elsewhere I have examined how the Dred Scott decision catalyzed the transformation of St. Louis politics, turning Missouri toward gradual emancipation just as the South’s proslavery advocates were declaring victory. And I have described how the Scotts’ lives were recovered to memory through the actions spearheaded by their descendents. Here I chronicle how the legacies ...


Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur 2009 Christ University School of Law

Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur

Dharmendra Chatur

Should the additional protection granted to Wines and Spirits under TRIPS be guaranteed to all other Geographical Indications?


Business Tax In Nigeria: The Controversy Of Multiple Taxation, Humphrey Onyeukwu 2009 Centre for Energy, Petroleum, Mineral Law and Policy University of Dundee

Business Tax In Nigeria: The Controversy Of Multiple Taxation, Humphrey Onyeukwu

Humphrey Onyeukwu

Doing business in Nigeria is ranked 125th in the world out of 183 economics by the latest ranking of the World Bank. A major parameter for this assessment is using the incidences of regulatory controls and taxation of business activity to determine the ease of doing business in Nigeria. The controversy of multiple taxations has become one of the constraints of businesses in Nigeria due to overlaps of the various tiers of government taxing rights on business entities.

Nigeria practices fiscal federalism in which the fiscal responsibility of government is based on a three-tiered tax structure divided between the federal ...


Reinventing Lisbon: The Case For A Protocol To The Lisbon Agreement (Geographical Indications), Daniel J. Gervais 2009 Vanderbilt University

Reinventing Lisbon: The Case For A Protocol To The Lisbon Agreement (Geographical Indications), Daniel J. Gervais

Daniel J Gervais

The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on wines and spirits (GIs) foreseen in the TRIPS Agreement is found. Failure of the Doha Round would entail serious intended and unintended consequences for the world trading system. Europe’s insistence on a Doha deal on GIs in now accompanied by demands from several developing countries for an extension of GI protection to products other than wines and spirits. Those demanders consider the current emphasis on alcoholic beverages ...


'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble 2009 DePaul University

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

Sara L Kimble

No abstract provided.


Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo 2009 Charleston School of Law

Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo

Constance A. Anastopoulo

No abstract provided.


Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, carlos luiz strapazzon 2009 Western University of Santa Catarina State (UNOESC); University Positivo School of Law

Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Brazilian Courts, in order to guarantee social rights, should take into account the scarcity of resources and the principle of equality so as not favoring anyone with features that are intended for everyone. Given this limitation, how the Judicial Power might act with respect to the realization of social rights? It has down increased attention how, in Brazil, the Judicial Power, especially the Supreme Court and the Superior Court, have interfered in Executive discretion so as to protect social rights, as health rights or educational rights. This article aims to explain how it occurs in Brazil and verify, on the ...


Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson 2009 American University Washington College of Law

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Camille Nelson

No abstract provided.


Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph Brubaker, Charles J. Tabb 2009 University of Illinois College of Law

Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph Brubaker, Charles J. Tabb

Ralph Brubaker

The Chrysler and General Motors bankruptcy reorganizations represent the culmination of a sea-change in corporate restructuring practice that has occurred largely over the course of just the past decade. A bankruptcy reorganization has traditionally been effectuated though a chapter 11 plan of reorganization, with elaborate requirements for disclosure, creditor voting, and allocation of stakes in the reorganized debtor entity’s new capital structure among creditors and owners. Such an internal boot-strap reorganization, though, is on the decline, and many reorganizations are now accomplished through a relatively expeditious going-concern sale of the debtor’s business and assets to a third-party purchaser ...


Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass 2009 Northeastern University

Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass

Aziza Ahmed

Criminalisation laws have a specific and nuanced impact on women living with HIV. An understanding of the consequences of such laws will help positive women and other advocates to combat negative uses of such laws, and to frame and advocate for effective alternatives for HIV prevention. This article helps tease out some of the ways that criminalisation can negatively impact the lives of positive women in particular: the explicit sex discrimination in the laws, the gender bias in courtrooms, the impact on marginalised women, and the increase in stigma and discrimination through criminalisation laws.


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