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Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano 2009 Junior researcher/Fellow assistant of the University of Murcia

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.


The Alien Tort Statute: An Overview Of The Current Issues, David D. Caron, Richard M. Buxbaum 2009 The Dickson Poon School of Law, King's College London

The Alien Tort Statute: An Overview Of The Current Issues, David D. Caron, Richard M. Buxbaum

David D. Caron

This introductory essay seeks to capture the range of questions that exist concerning the ATS and place the contributions of this symposium in the context of that overview.The contributions consist of eight student articles written in an advanced international law writing seminar focused on the ATS in the fall of 2009 . These comments are intended to provide clear statements of the current situation in the various judicial circuits of the United States inasmuch as there is often a majority and minority view on the various ATS issues addressed. Where the author passes into his or her own analysis as ...


First Principles For An Effective Federal Housing Policy, David J. Reiss 2009 Brooklyn Law School

First Principles For An Effective Federal Housing Policy, David J. Reiss

David J Reiss

Federal housing policy is heavily funded and made up of a morass of programs. This article provides a taxonomy of goals for housing policy. The article first asks what the aim of housing policy is. In other words, what can a well-designed and executed housing policy achieve? The answer to this question is not at all clear-cut. Some argue that the aim of housing policy is to allow all Americans to live in safe, well-maintained and affordable housing. Others argue for a more modest aim – achieving an income transfer to low- and moderate-income families that mandates that the income transferred ...


Affirmative Action & The Obligations Of American Citizenship, Robert Justin Lipkin 2009 Widener University School of Law

Affirmative Action & The Obligations Of American Citizenship, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To A Parent-Child Testimonial Exemption, Hillary B. Farber 2009 Northeastern University

To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To A Parent-Child Testimonial Exemption, Hillary B. Farber

Hillary B. Farber

Among many legal systems there are certain relationships that are deemed to possess such societal worth that despite the evidentiary value a witness may possess, he is immune from being compelled to testify against the other party in the relationship. In the United States, courts have recognized an evidentiary privilege for spouses, lawyers and their clients, psychotherapists and their patients. Surprisingly, the United States has not adopted a federal common law or statutory parent-child privilege. Among the civil law countries in Europe and Asia, a majority of countries prohibit parents and children from testifying against one another. Australia is the ...


Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson 2009 Harvard Law School

Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson

Gregory M Dickinson

In Wyeth v. Levine the Supreme Court once again failed to reconcile the interpretive presumption against preemption with the sometimes competing Chevron doctrine of deference to agencies' reasonable statutory interpretations. Rather than resolve the issue of which principle should govern where the two principles point toward opposite results, the Court continued its recent practice of applying both principles halfheartedly, carving exceptions, and giving neither its proper weight.

This analysis situates Wyeth within the larger framework of the Court's recent preemption decisions in an effort to explain the Court's hesitancy to resolve the conflict. The analysis concludes that the ...


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 ...


An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton 2009 Albany Law School

An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton

Timothy D. Lytton

This article proposes a novel approach to school food reform that promotes healthy dietary habits. Daily aggregate nutrition standardization (DANS) assigns each student an individualized standard to monitor the nutritional quality of all food provided to that student in school at any time of the day, including meals and snacks, whether from the cafeteria, vending machines, bake sales, or in class. DANS would enable schools to track all foods purchased by or served to a student each day and to compare the nutritional content of those foods to a nutrition standard appropriate for that student. Cafeteria registers and vending machines ...


How You Gonna’ Keep Her Down On The Farm, Lisa R. Pruitt 2009 University of California, Davis

How You Gonna’ Keep Her Down On The Farm, Lisa R. Pruitt

Lisa R Pruitt

This is a contribution to a collection of autobiographical essays, “One-L Revisited,” in which authors reflect on their experiences as first-year law students. The author of this essay recounts her experiences at the University of Arkansas School of Law (1986-87). She frames her recollections primarily in relation to her rural, working-class background and her later-acquired feminist politics.


Diversification Across Time, Ian Ayres, Barry Nalebuff 2009 Yale Law School

Diversification Across Time, Ian Ayres, Barry Nalebuff

Ian Ayres

By employing leverage to gain more exposure to stocks when young, individuals can achieve better diversification across time. Using stock data going back to 1871, we show that early leverage combined with reduced equity exposure when older can reduce lifetime portfolio risk. For example, an initially-leveraged portfolio can produce the same mean accumulation as a constant 75% stock allocation with a 21% smaller standard deviation. Since the mean accumulation is the same, the reduction in volatility does not depend on the equity premium. A leveraged lifecycle strategy can also allow investors to come closer to their utility-maximizing allocation. If risk ...


Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez 2009 St. Thomas University School of Law

Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez

Armando G. Hernandez

Each topic in this 2-volume encyclopedia is discussed as it relates to the education of African Americans. The entries provide a comprehensive overview of educational institutions at every level, from preschool through graduate and professional training, with special attention to historically and predominantly Black colleges and universities. The encyclopedia follows the struggle of African Americans to achieve equality in education—beginning among an enslaved population and evolving into the present—as the efforts of many remarkable individuals furthered this cause through court decisions and legislation.


A Failure Of Capitalism (Book Review), Brian G. Gilmore 2009 Michigan State University College of Law

A Failure Of Capitalism (Book Review), Brian G. Gilmore

Brian G Gilmore

A Failure of Capitalism is a review (essay) of Judge Richard Posner's book, "A Failure of Capitalism: the Crisis of 08 and the Descent into Depression." The essay discusses the book and the issues set forth by Posner but also focuses upon the lack of consumer perspective contained in Posner's discussions.


Murder Most Foul: The Death Penalty And The Disadvantaged, Abdaal M. Akhtar 2009 NALSAR University of Law, Hyderabad

Murder Most Foul: The Death Penalty And The Disadvantaged, Abdaal M. Akhtar

Abdaal M Akhtar

The paper explores how the death penalty is intrinsically unfair in the way it is administered, as it provides ample scope for judges and juries to enforce their own biases and prejudices, racial or otherwise.


Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers 2009 Drexel University School of Law

Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Amy L Landers

Patent law is intended to promote the creativity of scientists and engi-neers. The system recognizes that the work of the individual is the engine that ultimately increases the state of scientific knowledge. As economist Paul Romer recognized, “Technological advance comes from things that people do.” Furthering creativity represents the constitutional, theoretical and doc-trinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and pro-poses how patent law can formulate a legal conception of creativity.

To undertake this ...


Unbranding, Confusion & Deception, Aaron K. Perzanowski 2009 Case Western Reserve University

Unbranding, Confusion & Deception, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue its use of a brand that has developed negative associations among consumers in favor of a new brand, often in hopes of escaping the consequences of inferior products or illegal activity. Companies like AIG, Blackwater, Philip Morris, and WorldComm have all employed this strategy in recent years. Unbranding represents a striking departure from branding orthodoxy, which stresses the maintenance of brand equity through the gradual evolution of a brand. After examining the factors that prompt firms to take the radical step of eliminating an established ...


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”).


Erisa & Uncertainty, Brendan Maher, Peter Stris 2009 Oklahoma City University School of Law

Erisa & Uncertainty, Brendan Maher, Peter Stris

Brendan Maher

No abstract provided.


Airport Wildlife Hazard Control, Paul F. Eschenfelder 2009 Embry Riddle Aeronautical University - Daytona Beach

Airport Wildlife Hazard Control, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Instituições, Trabalho E Pessoas, Paulo Ferreira da Cunha 2009 Universidade do Porto

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.


Direito, Utopia E Insularidade, Paulo Ferreira da Cunha 2009 Universidade do Porto

Direito, Utopia E Insularidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não é por acaso que tantas utopias literárias se localizam ficcionalmente em ilhas. Não é por acaso que as utopias são uma espécie de descrição constitucional sem as amarras dos artigos de um código de direito político. Não é por acaso que as ilhas, parecendo uma prisão, rodeada de mar por todos os lados, são afinal sonhos de onde se pode sair, voando. Não só em sonhos oníricos, mas em sonhos que se podem tornar realidade. Este artigo desenvolve as ligações entre os aspectos literários, políticos e jurídicos das utopias na sua dimensão insular.


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