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Participatory Democracy In Eu And Australia International Investment Law Policy Processes, James Day 2017 The University of Notre Dame Australia

Participatory Democracy In Eu And Australia International Investment Law Policy Processes, James Day

The University of Notre Dame Australia Law Review

This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies ...


Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan 2017 The University of Notre Dame Australia

Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan

The University of Notre Dame Australia Law Review

This paper examines marriage in multicultural and multi-faith Australia. It considers the history of, and reasons for, State recognition of marriage in Australia between one man and one woman entered into voluntarily for life. It argues that the tradition in Australia since European settlement has been for the State to only recognize this traditional form of marriage as marriage. The paper considers the meaning of equality and discrimination and argues that for those concepts to have meaning in the context of marriage it is first necessary to have a clear understanding of why the State does and should continue to ...


Statutory Review Of The Construction Contracts Act 2004 (Wa), Phillip Evans 2017 University of Notre Dame, Australia

Statutory Review Of The Construction Contracts Act 2004 (Wa), Phillip Evans

The University of Notre Dame Australia Law Review

The Construction Contracts Act 2004 provides for security of payment in the construction industry through the use of rapid adjudication processes to determine payment disputes. It further prohibits or modifies certain “unfair” provisions in construction contracts and implies provisions in construction contracts about certain matters if there are no written provisions about these matters in the contract. In 2015 the Minster for Commerce commissioned a review of the Act to determine whether iy is meeting the needs of industry and whether amendment was required. This paper provides a background to the construction industry in Western Australia and the essential provisions ...


Rn N° 1106-2014-Huancavelica La Falta De Pericia Contable En El Delito De Peculado Deviene En Nulo El Proceso.Pdf, Javier Wilfredo Vega Cisneros 2017 Universidad Nacional Mayor de San Marcos

Rn N° 1106-2014-Huancavelica La Falta De Pericia Contable En El Delito De Peculado Deviene En Nulo El Proceso.Pdf, Javier Wilfredo Vega Cisneros

Javier Wilfredo Vega Cisneros

El peculado, al ser un delito especial, solo puede ser cometido a través de dos formas: i) mediante actos de apropiación; y, ii) mediante actos de utilización. Si la conducta es mediante actos de apropiación, entonces deberá en juicio probarse: Primero, la calidad del sujeto activo; segundo, el deber especial que tenía frente a los bienes entregados a su cuidado, custodia, administración o protección; y, Tercero, el bien sustraído o utilizado. A este último requisito podemos llegar mediante la prueba pericial, la cual nos permitirá determinar cuánto ha sido el momento apropiado o sustraído de la entidad pública a cargo ...


Tequepis, Diseños 88, Glo 365, Santa Barbara County, And Associated Historical Documents, 2017 California State University, Monterey Bay

Tequepis, Diseños 88, Glo 365, Santa Barbara County, And Associated Historical Documents

Santa Barbara County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix containing the Table of Land Claims in the Reports of Land Cases by Ogden ...


The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood 2017 Barry University School of Law

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.


Sentencing Reform: The Power Of Reasons, R. Michael Cassidy, Robert L. Ullmann 2017 Boston College Law School

Sentencing Reform: The Power Of Reasons, R. Michael Cassidy, Robert L. Ullmann

R. Michael Cassidy

No abstract provided.


Adultery: Trust And Children, Margaret F. Brinig 2017 Notre Dame Law School

Adultery: Trust And Children, Margaret F. Brinig

Margaret F Brinig

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First ...


Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo 2017 University of Dayton

Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo

Charles J. Russo

As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article ...


Reutter’S The Law Of Public Education, Charles J. Russo 2017 University of Dayton

Reutter’S The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.


Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo 2017 University of Dayton

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Charles J. Russo

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously ...


The Law Of Public Education, Charles J. Russo 2017 University of Dayton

The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.


Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo 2017 University of Dayton

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Charles J. Russo

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense of Marriage ...


Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo 2017 University of Northern Iowa

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal with ...


Handbook Of Comparative Higher Education Law, Charles J. Russo 2017 University of Dayton

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for ...


Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo 2017 University of Dayton

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Charles J. Russo

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant ...


Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter 2017 University of Dayton

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world. The first book of its kind, this volume consists of ...


'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo 2017 University of Dayton

'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Charles J. Russo

The United States Congress passed the Equal Access Act (EAA)1 and forwarded it to President Ronald W. Reagan, who signed it into law on August 11, 1984.2 The EAA was enacted in response to Widmar v. Vincent, 3 a 1980 Supreme Court case from higher education where the Justices ushered in a renaissance of sorts in religious liberty. In Widmar, treating religious expression as a subset of free speech,4 the Court ruled that officials at a state university in Missouri could not deny a Christian group access to institutional facilities so long as the university permitted other ...


Sec Reporting Requirements For Publicly Traded Companies Should Not Be Expanded Despite Advancements In Information Technology, Lindsey Kell 2017 Duke Law

Sec Reporting Requirements For Publicly Traded Companies Should Not Be Expanded Despite Advancements In Information Technology, Lindsey Kell

Duke Law & Technology Review

Advancements in information technology allow information to be collected and analyzed quickly within a corporation. As a result, technology also allows the quicker release of information to the Securities Exchange Commission (SEC)—much quicker than the Form 10-K and Form 10-Q releases that are currently required for publicly traded companies. Although publicly traded companies must also disclose certain significant events in Form 8-K, the reporting requirements for publicly traded companies are not nearly as expansive as they could be considering the easy access these companies have to their business information. Even with this in mind, the SEC is well into ...


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


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