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Property Rights & The Demands Of Transformation, Bernadette Atuahene 2009 Chicago-Kent College of Law

Property Rights & The Demands Of Transformation, Bernadette Atuahene

Bernadette Atuahene

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical ...


The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin 2009 Chicago-Kent College of Law

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

Martin H. Malin

No abstract provided.


The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown 2009 Chicago-Kent College of Law

The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown

Bartram Brown

The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United ...


The Citation Of Blogs In Judicial Opinions, Lee F. Peoples 2009 Oklahoma City University

The Citation Of Blogs In Judicial Opinions, Lee F. Peoples

Lee Peoples

No abstract provided.


The Lawyer's Guide To Using And Citing Wikipedia, Lee F. Peoples 2009 Oklahoma City University

The Lawyer's Guide To Using And Citing Wikipedia, Lee F. Peoples

Lee Peoples

No abstract provided.


The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro 2009 Chicago-Kent College of Law

The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro

Carolyn Shapiro

No abstract provided.


Marriage And Parenthood As Status And Rights: The Growing, Problematic And Possibly Constitutional Trend To Disaggregate Family Status From Family Rights, Katharine K. Baker 2009 Selected Works

Marriage And Parenthood As Status And Rights: The Growing, Problematic And Possibly Constitutional Trend To Disaggregate Family Status From Family Rights, Katharine K. Baker

Katharine K. Baker

In upholding Proposition 8 one year after finding that same sex couples had a constitutional right to marry, the California Supreme Court followed a growing trend in family law to sever family rights from family status. The Court found that same sex couples were constitutionally entitled to the legal incidents of marriage, but not marriage itself. In the last 30 years, courts and legislatures have increasingly recognized a variety of different family forms by granting people in them the legal incidents of family relationship (Civil Unions and Domestic Partnerships for couples, Visitation and De Facto Parenthood for caretakers) without granting ...


The Stories Of Marriage, Katharine K. Baker 2009 Selected Works

The Stories Of Marriage, Katharine K. Baker

Katharine K. Baker

The gay and lesbian community's response to California's Proposition 8 was strong and quick. Within days of the 2008 election, opponents of the measure had targeted its proponents, in particular the Mormon Church, as subjects for scorn. Singling out the Mormon Church on this issue was particularly ironic because to the extent that members of the Mormon Church were responsible for the success of Proposition 8, they simply did to the gay community what courts of the United States consistently did to their forebears: defined away their right to marry. In striking down individuals' rights to enter into ...


Oral Dissenting On The Supreme Court, Carolyn Shapiro, Christopher W. Schmidt 2009 Chicago-Kent College of Law

Oral Dissenting On The Supreme Court, Carolyn Shapiro, Christopher W. Schmidt

Carolyn Shapiro

No abstract provided.


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

Felice J Batlan

This article provides a case study and an in-depth analysis of the WWPU. It then discusses how by the turn of the century, when the Society became the dominant provider of legal aid in New York City, women’s roles as legal providers and recipients of legal aid was even further expanded. By doing so, I demonstrate that gender was foundational to the development of legal aid and that women played crucial roles as lawyers, benefactors, and clients. Although this article focuses on New York, legal aid organizations in cities such as Chicago and Philadelphia also first arose to provide ...


Breaking Bucks In Money Market Funds, William Birdthistle 2009 University of Chicago Law School

Breaking Bucks In Money Market Funds, William Birdthistle

William Birdthistle

This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis increases rather than decreases the likelihood of future failures in money market funds and the broader capital markets. In newly promulgated regulations addressing the "breaking of the buck" in the $3 trillion money market - a debacle at the fulcrum of the 2008 financial meltdown - the SEC endorses practices that obfuscate rather than illuminate the capital markets, including fixed pricing for money market funds, potentially riskier portfolio requirements, and the continued use of discredited ratings agencies. These policies, premised implicitly upon doubt ...


What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello 2009 Widener Law

What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello

Juliet M Moringiello

This is an article about how disputes over virtual world items, such as virtual money, Second Life islands, and even sex beds, can inform property law generally. Rights in these virtual world items, like rights in software and many other intangible assets, are transferred by standard-form agreements that are often designated as licenses. For many readers, virtual worlds need no definition; it has been hard to read a major newspaper in the past several years without encountering an article about virtual worlds. In the past several years, Second Life and other virtual worlds were featured in numerous articles in major ...


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

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

John L. Gedid

No abstract provided.


Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo 2009 Florida State University College of Law

Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo

Michael R Dimino

The Widener Law Journal has assembled a dynamic and diverse group of preeminent legal scholars to evaluate and discuss the many engaging, perplexing, and unanswered legal and ethical questions presented by Internet expression. These scholars have focused on two primary topics: (1) issues of constitutional law and criminal procedure that arise with Internet expression, including whether the Internet has increased concerns about invasions of other persons' rights and what regulations are necessary to protect privacy rights; (2) the intersection of Internet expression and property law, including issues of ownership, protectable interests,
and fair use in the realm of intellectual property ...


“El Reglamento N° 261/2004 Sobre Asistencia Y Compensación De Los Pasajeros Aéreos: El Tjce Clarifica ('Ma Non Troppo') Los Conceptos De Retraso Y Cancelación De Un Vuelo”, Luis González Vaqué 2009 Asociación Iberoamericana para el Dereho Alimentario

“El Reglamento N° 261/2004 Sobre Asistencia Y Compensación De Los Pasajeros Aéreos: El Tjce Clarifica ('Ma Non Troppo') Los Conceptos De Retraso Y Cancelación De Un Vuelo”, Luis González Vaqué

Luis González Vaqué

No abstract provided.


“El Derecho De La Ue Relativo A Los Organismos Modificados Genéticamente: La Comisión Europea Cambia De Estrategia Para Permitir, Restringir O Prohibir Su Cultivo”, Luis González Vaqué 2009 Asociación Iberoamericana para el Dereho Alimentario

“El Derecho De La Ue Relativo A Los Organismos Modificados Genéticamente: La Comisión Europea Cambia De Estrategia Para Permitir, Restringir O Prohibir Su Cultivo”, Luis González Vaqué

Luis González Vaqué

No abstract provided.


Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne 2009 Chicago-Kent College of Law

Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne

Daniel T. Coyne

No abstract provided.


Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan 2009 Drexel University School of Law; University of California, Berkeley, School of Law

Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan

Anil Kalhan

This essay explores the experiences with emergency and emergency-like powers in postcolonial Pakistan and India to illustrate the ways in which constitutional and extraconstitutional states of exception can converge in their application. The experiences in Pakistan with what I term its "extraconstitution" - illustrated most recently by the state of "emergency" declared by Pervez Musharraf in 2007 - demonstrate, perhaps unsurprisingly, that extraconstitutional assertions of emergency powers can provide a ready template for authoritarian rulers to usurp power, violate fundamental rights, and transform the constitutional landscape in the guise of addressing a crisis. At the same time, the authoritarianism in such moments ...


Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz 2009 Universidad Panamericana, Guadalajara

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz

Edgardo Muñoz

Modern practice shows that the most efficient remedies for breach of contract are still those that avoid the unnecessary transfer of assets among the parties. Thus, for example, the right to withhold performance protects one party from incurring unnecessary loss caused by performing his own obligation without receiving the counter-performance from the other party, likewise, the right to avoid the contract, even before the time of performance, if it becomes apparent that one of the parties will not duly fulfil his obligations, prevents expenses in an unnecessary continuation of a contract. As these remedies evidently oppose the core pacta sun ...


The Legal Construction Of Racial Discrimination In Mexico - Celebrating 200 Years Of Independence?, Edgardo Munoz 2009 Panamericana University

The Legal Construction Of Racial Discrimination In Mexico - Celebrating 200 Years Of Independence?, Edgardo Munoz

Edgardo Muñoz

In this note, I examine the legal construction of racial discrimination in Mexico, the approaches to legal theory which help us understand it, and the role of the UN Committee on the Elimination of Racial Discrimination. Until the end of the 20th century, the situation in Mexico was characterized by a denial or a trivialization of racial discrimination in legal institutions and society. In recent years, the Mexican government has taken actions to deconstruct the principles upon which racial discrimination was legally based. The case of Mexico directly assists in understanding post colonial racial discrimination in Latin America


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