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India Recognizes Limited Liability Partnerships – Any Attraction For Us Investors?, Vikas Varma 2009 de Ramon Crush PC

India Recognizes Limited Liability Partnerships – Any Attraction For Us Investors?, Vikas Varma

Vikas Varma

The Indian form of LLP is broadly comparable to New York Registered Limited Liability Partnerships (“NY LLP”) and to some extent to New York Limited Liability Companies (“NY LLC”).


Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie 2009 Chapman University School of Law

Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie

Richard E. Redding

Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called ...


¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel 2009 Universidad Peruana de Ciencias Aplicadas

¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel

Enrique Pasquel

No abstract provided.


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger 2009 Mercer University School of Law

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger

Linda L. Berger

This Article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this Article, we map the contours of a third generation of legal writing scholarship—one that integrates the elements of our professional lives and engages more effectively with our professional communities. The core ...


Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins 2009 Glasgow Caledonian University

Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins

Mel Cousins

Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common - especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the Convention ...


Bioethics Backlash: Implications Of The Retreat From Autonomy For The Communication Of Scientific Health Information, Thaddeus M. Pope 2009 Widener University - Delaware Campus

Bioethics Backlash: Implications Of The Retreat From Autonomy For The Communication Of Scientific Health Information, Thaddeus M. Pope

Thaddeus Mason Pope

The doctrine of informed consent requires that the medical community communicate scientific health information to the consumer. Knowledge and understanding enable the consumer to make her own health-care decisions. And, in modern Western society, that is a highly desirable end. However, healthcare professionals cannot always inform or educate the consumer. They cannot always enable the consumer to make her own healthcare decisions. They cannot, because, sometimes, policymakers decide that the better course of action is to take control away both from consumers and from healthcare professionals and to instead vest it with government appointed scientific experts.

In this paper, I ...


Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin PhD, Lynn M. Paltrow JD 2009 Fordham University

Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin Phd, Lynn M. Paltrow Jd

Jeanne M Flavin

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to “protect the fetus” undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this ...


A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam MacLeod 2009 Faulkner University

A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam Macleod

Adam MacLeod

Despite enjoying bipartisan support in Congress and passing by an overwhelming majority, RLUIPA, and particularly the “substantial burden” provision of section 2(a), has generated signifi cant controversy since its passage nine years ago. Section 2(a) subjects to strict scrutiny any land use regulation that substantially burdens religious exercise. It is a prophylactic measure. It creates a new category of prohibited state action—substantially burdening religious land use without a compelling reason for doing so—in order to prevent discrimination against religious groups. Of course, before RLUIPA, the Free Exercise Clause of the First Amendment prohibited religious discrimination; though ...


¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo sverdugor@udd.cl 2009 Universidad del Desarrllo

¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.


Four Key Elements Of Successful Financial Regulatory Reform, Reza Dibadj 2009 University of San Francisco School of Law

Four Key Elements Of Successful Financial Regulatory Reform, Reza Dibadj

Reza Dibadj

The most recent crisis on Wall Street presents our nation with an extraordinary opportunity to begin a conversation about the economic and social policies that have led to the financial meltdown we have witnessed over the past few months. In keeping with the themes of the Hastings Business Law Journal’s Symposium, “Beyond the Bailout: Risk, Responsibility, and the Road Ahead,” this Article does not chronicle the crisis, but rather focuses on the lessons it might hold in getting “beyond the bailout.” To mitigate, or perhaps even avoid, future disasters I argue that policymakers should focus on remedying four pernicious ...


Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber 2009 University of Maryland Francis King Carey School of Law

Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber

Mark Graber

No abstract provided.


In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski 2009 Case Western Reserve University

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer 2009 Cleveland State University College of Law

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


When The Veil And The Vote Collide: Enhancing Muslim Women’S Rights Through Electoral Reform, Amber R. Maltbie 2009 Selected Works

When The Veil And The Vote Collide: Enhancing Muslim Women’S Rights Through Electoral Reform, Amber R. Maltbie

Amber R Maltbie

Voter identification laws serve a critical purpose in the consolidation of emerging democracies and post-conflict situations. By serving as a prophylactic curb against voter fraud when trust in the electoral process is low, voter identification laws strengthen the public’s perception of an election’s integrity and the legitimacy of the government elected. However, even when administered absent any discriminatory intent, these laws can have unintended consequences, especially for Muslim women who wear a veil that covers the face. For new democracies or post-conflict states with large or majority Muslim populations, voter turnout among women can be suppressed if the ...


The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly 2009 University of Nebraska

The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly

Richard E. Moberly

In five cases issued during the last five years, the Supreme Court interpreted statutory antiretaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the common understanding of the Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional antiretaliation protection narrowly; an act that fits with the Court’s pro-employer image but diverges from the antiretaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s ...


Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael de Oliveira Alves 2009 UFOP

Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake 2009 University of Michigan Law School

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Jillian Blake

No abstract provided.


Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst 2009 Arizona Summit Law School

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Stephen A Gerst

The Sixth Amendment right to an attorney is so fundamental that the United States Supreme Court has carefully developed requirements to ensure that an indigent defendant does not go to trial in any criminal case where there is a possibility of a deprivation of freedom without an attorney unless there is an affirmative waiver of the right to counsel on the record. However, the Supreme Court has not addressed what the record must show for finding that a defendant has lost his right to counsel as a result of the defendant's own misconduct toward the court or the defendant ...


Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson 2009 Bi-Level Technologies

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


A Tribute To Judy Morgan, Law Library Director, Darla W. Jackson 2009 Oklahoma City University School of Law

A Tribute To Judy Morgan, Law Library Director, Darla W. Jackson

Darla W. Jackson

No abstract provided.


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