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Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery 2009 Osgoode Hall Law School, York University

Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery

Brian Slattery

No abstract provided.


Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei 2009 Lund University

Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei

Emanuela A. Matei

The case concerns top-slices rebates, as abusive practices under 102(2)(b) and 102(2)(c)TFEU. The judgment is in line with the previous case-law, reinforcing that a dominant undertaking has a special responsibility not to eliminate the residual competition. Solvay’s arguments that support the pleas on the absence of a dominant position and of an abuse and concern the structure of its production costs are rejected by the Court. As to the procedural part, the absence of repeated infringements is established by the Court in its finding that collusion and abuse of dominance are not similar types ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton 2009 Syracuse University

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

A. Joseph Warburton

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


El Contexto Dogmático De La Par Condicio Creditorum En El Derecho Romano, Patricio Lazo 2009 Universidad de Antofagasta

El Contexto Dogmático De La Par Condicio Creditorum En El Derecho Romano, Patricio Lazo

Patricio Lazo

De acuerdo con la tesis defendida por el autor, desde un punto de vista dogmático, la aparición de la par condicio creditorum esta- ría ligada a un contexto complejo, cuyas variables serían la consolidación de la responsabilidad limitada como regla general, la liberación de algunas exigencias de constitución de los peculios, la relevancia del conocimiento del dueño de los negocios del esclavo y la existencia de un privilegio de pago (ius deductionis) conectado al desconocimiento de dichos negocios. En este sentido, dada la importancia que en el mundo romano tiene la interpretación jurisprudencial, resulta interesante observar cómo esta desarrolla con ...


Children Of A Lesser God: Lawyers, Economics, And The Systemic Corruption Of The Legal Profession, David Barnhizer 2009 Cleveland State University College of Law

Children Of A Lesser God: Lawyers, Economics, And The Systemic Corruption Of The Legal Profession, David Barnhizer

David Barnhizer

The Oxford Dictionary defines Mammon as the “god of wealth, regarded as evil or immoral.” It concludes that those who worship Mammon were “greedy people who value money too highly.” Webster similarly defines Mammon as: “1) the false god of riches and avarice [and as] 2) riches regarded as an object of worship and greedy pursuit.” In this view the exclusive focus on wealth acquisition is seen as an evil, one that is more or less personified in the identity of Mammon. In the race between the gods Justice, Loyalty and Mammon, Avarice has pulled considerably ahead among lawyers and ...


Cross-Straits Economic Cooperation Framework Agreement (Ecfa), Pasha L. Hsieh 2009 Singapore Management University

Cross-Straits Economic Cooperation Framework Agreement (Ecfa), Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


Who Killed Oscar Grant?: A Legal-Eulogy Of The Cultural Logic Of Black Hyper-Policing In The Post-Civil Rights Era, Donald F. Tibbs 2009 Drexel University Earle Mack School of Law

Who Killed Oscar Grant?: A Legal-Eulogy Of The Cultural Logic Of Black Hyper-Policing In The Post-Civil Rights Era, Donald F. Tibbs

Donald F. Tibbs

To explain the cultural logic associated with the appalling shooting death of African American Oscar Grant, on January 1, 2009, we must break free of the ‘crime and punishment’ paradigm in order to reckon with extra-punitive function of American policing. Similar to Grant, recent upsurges in black death and macro-violence related to policing results from the crisis of the legal system as device for caste control and the correlative need for a substitute apparatus for the management of dispossessed and dishonored groups. This article removes policing, and the shooting of Oscar Grant, from the intellectual phenominalization of uncommon occurrences with ...


Some Reflections On Modern Free Exercise Doctrine: A Review Essay, David Day 2009 University of South Dakota School of Law

Some Reflections On Modern Free Exercise Doctrine: A Review Essay, David Day

David Day

No abstract provided.


A Student-Centered Approach To Teaching Excellence: 10 Ways To Identify Opportunities For Improvement Through The Observation Of Students In The Classroom, Ann Woodley 2009 Arizona Summit Law School

A Student-Centered Approach To Teaching Excellence: 10 Ways To Identify Opportunities For Improvement Through The Observation Of Students In The Classroom, Ann Woodley

Ann Woodley

No abstract provided.


Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison 2009 University of Central Florida

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


Rights Done Right: A Critique Of Libertarian Originalism, Andrew C. Spiropoulos 2009 Oklahoma City University School of Law

Rights Done Right: A Critique Of Libertarian Originalism, Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.


Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller 2009 Southern Cross University

Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller

Anne Schillmoller

Robin Creyke and John McMillan suggest that ‘the broad purpose of administrative law is to safeguard the rights and interests of people and corporations in their dealings with government agencies.’ Just as important, however, is the role played by administrative law in engendering sound decision-making and decision making processes. In this sense, administrative law is not just about placing controls on government action, nor safeguarding the rights of individuals in their dealings with the State, but it also provides the means by which good and accountable government administration is facilitated. The oversight of administrative action by courts and tribunals, together ...


Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey 2009 Indiana University Maurer School of Law

Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey

Pamela Foohey

On Dec. 14, 2009, in Rederford v. US Airways Inc., a case of first impression, the U.S. Court of Appeals for the First Circuit ruled that the remedy of reinstatement for employment discrimination under title I of the Americans with Disabilities Act (ADA) against a company in bankruptcy is a dischargeable prepetition bankruptcy claim. Its decision reaffirmed the Bankruptcy Code’s broad policies of affording debtors a fresh start and ensuring that creditors are treated evenhandedly. In advancing these broad principles, the First Circuit faced the ADA’s conflicting and equally expansive policies – policies that it was forced to ...


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert C. Blitt 2009 University of Tennessee College of Law

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert C. Blitt

Robert C. Blitt

The emerging international human rights norm of “defamation of religion,” an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument ...


At The Crossroads: A New And Unfortunate Paradigm Of Tribal Sovereignty (Part I Of South Dakota Law Review Trilogy), Frank Pommersheim 2009 University of South Dakota School of Law

At The Crossroads: A New And Unfortunate Paradigm Of Tribal Sovereignty (Part I Of South Dakota Law Review Trilogy), Frank Pommersheim

Frank Pommersheim

No abstract provided.


Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt 2009 University of California, Davis

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Lisa R Pruitt

This is the first in a series of articles that maps legal conceptions of (in)equality onto the socio-geographical concept of spatial inequality, with a view to generating legal remedies for those living in places marked by socioeconomic disadvantage. Written for a symposium on “rural law,” this article considers in particular whether the funding and delivery of government services at the county level in the state of Montana violate the state’s constitution because of the grossly disparate abilities among Montana counties to finance and provide such services. Pruitt’s analysis focuses on children as a particularly vulnerable and immobile ...


Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber 2009 Northeastern University

Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber

Hillary B. Farber

Currently in the United States forty-five states and the federal system do not recognize an evidentiary parent-child privilege. The United States Supreme Court has never granted certiorari in a case involving recognition of a parent-child privilege. For many, it is a revelation to learn that the government can compel testimony about communications and observations between parents and their children. A rights-based argument in favor of a parent-child privilege has not been articulated before in legal scholarship. This paper singles out one specific context, the prosecution of juveniles, and argues that such a privilege is essential in order to ensure children ...


Cross-Straits Economic Cooperation Framework Agreement (Ecfa), Pasha L. Hsieh 2009 Singapore Management University

Cross-Straits Economic Cooperation Framework Agreement (Ecfa), Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


Charting And Outlining, Timothy Blevins 2009 retired

Charting And Outlining, Timothy Blevins

Timothy D Blevins

No abstract provided.


Finding Common Ground In The Soil Of Culture, Phyllis E. Bernard 2009 Oklahoma City University School of Law

Finding Common Ground In The Soil Of Culture, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.


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