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The Railroads Must Have Ties: A Legal History Of Forest Conservation And The Oregon & California Railroad Land Grant, 1887-1916, Sean Kammer 2009 University of South Dakota School of Law

The Railroads Must Have Ties: A Legal History Of Forest Conservation And The Oregon & California Railroad Land Grant, 1887-1916, Sean Kammer

Sean Kammer

No abstract provided.


China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez 2009 Seattle University

China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez

Carmen G. Gonzalez

Los crecientes vínculos económicos y políticos entre China y América Latina han desatado controversias entre académicos, eruditos en la materia, y personas encargadas de elaborar políticas. Algunos académicos afirman que China es una potencia imperial emergente, comprometida en la lucha por obtener los recursos del mundo en desarrollo, y una amenaza competitiva para América Latina. Otros aplauden las estrategias de desarrollo chinas, pragmáticas y poco ortodoxas, y las describen como un modelo exitoso para los países en desarrollo. El presente artículo pone en duda las narratives predominantes sobre la cresciente influencia de China en América Latina, e interroga las implicaciones ...


From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani 2009 Government Law College, Mumbai

From Proclaiming To Realizing Human Rights -- An Indian Perspective, Rishabh Jogani

Rishabh Jogani

This article deals with human rights organisations and their organisational set up along with the indian perspective of the same.


Prepublication Version: Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Antiretaliation Provision, Matthew W. Green Jr. 2009 Cleveland State Community College

Prepublication Version: Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Antiretaliation Provision, Matthew W. Green Jr.

Matthew W. Green Jr.

This article examines where to draw the line for opposition to be actionable under the antiretaliation provision of Title VII of the Civil Rights Act of 1964. The article examines the issue by using Crawford v. Metropolitan Government of Nashville & Davidson County, 129 S.Ct. 846 (2009), as the backdrop to engage in a broader discussion on the topic. Scholars have not yet explored the extent to which Crawford allows courts, litigants and others to think in new ways about the opposition clause of Title VII and similarly worded antidiscrimination statutes. This article takes on that task. The article calls ...


Prepublication Version, The Promissory Character Of Adequate Assurances Of Performance, Michael J. Borden 2009 Cleveland-Marshall College of Law

Prepublication Version, The Promissory Character Of Adequate Assurances Of Performance, Michael J. Borden

Michael J. Borden

The contract doctrine of adequate assurances of performance has received relatively little scholarly attention. The small literature on the doctrine has largely praised, though occasionally criticized, it for its role in helping parties resolve conflicts arising as a result of prospective non-performance. Conceived this way, the doctrine occupies a place at the periphery of contract theory. But courts and commentators have completely overlooked another significant dimension of adequate assurances. In this Article, I re-characterize the doctrine as one that has significant implications for the central questions of contract law and theory: which promises should the law enforce, and how? The ...


Prepublication Version: Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio 2009 Cleveland State University

Prepublication Version: Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Milena Sterio

ABSTRACT Fighting Piracy in Somalia (and Elsewhere): Why More Is Needed Milena Sterio* The Somali pirates are dangerous. They are sea-terrorists, operating on a supra-national level: beyond the reach of any laws, in the name of no particular state, and against no specific nations. They enjoy complete impunity – most of the time, they are simply chased off, and if captured, they are often released. It would be unimaginable for the United States to capture an Al Qaeda operative, or a member of any other terrorist group, in order to then promptly release him or her, not wanting to bother with ...


Prepublication Version: A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio 2009 Cleveland State University

Prepublication Version: A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

Milena Sterio

International law has undergone profound changes over the last decades. It has transformed itself from a set of rules governing inter-state relations, where states were the only actors, to a complex web of laws, treaties, regulations, resolutions and codes of conduct that govern a variety of state and non-state actors, in their daily interactions. Scholars have thus written about globalization, and the changes brought about through its potent forces. In the process of globalization, states have lost some attributes of sovereignty, and their bundle of sovereign rights has been meshed in with regional and global rules, which often supersede states ...


The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer 2009 Cleveland State University College of Law

The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer

David Barnhizer

The aim of this brief essay is to explore several of the dominant forms of scholarship in the university and in law schools. This is done by examining what are described as five sometimes incompatible ideals, those of development and pursuit of original knowledge for its own sake, preservation, refinement and transmission of the best forms of knowledge, objective social critique, individual activism and collective activism. Tenure track positions in American universities and in law schools particularly are comfortable sinecures. In far too many instances these privileged and lifetime positions serve mainly the personal interests and agendas of the purported ...


Redesigning The American Law School, David Barnhizer 2009 Cleveland State University College of Law

Redesigning The American Law School, David Barnhizer

David Barnhizer

In other industries when there is a decline or severe curtailment of the demand for their product we see companies downsizing, layoffs and even bankruptcies. American law schools have to this point been able to operate largely without any required adaptation to the economic realities of demand for their product. The problem is created by the fact that law schools are part of a rigid and intractable business system in the same way that the large firms and solo practitioners are driven by their need for money. The economic downturn is not a simple cycle but a transformation. Law schools ...


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.


The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet 2009 Yale Law School

The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet 2009 Yale Law School

How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Investor-State Arbitration: Proportionality's New Frontier, Alec Stone Sweet 2009 Yale Law School

Investor-State Arbitration: Proportionality's New Frontier, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener 2009 Bonnett, Fairbourn, Friedman & Balint PC

Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener

Michael N. Widener

This article arises from the residential lending mess on the American middle class (however defined today), proposing a few innovative, forward-looking solutions for Americans whose credit has been ruined or whose largest (and frequently illiquid) economic asset cannot be sold or leased to offset their households’ obligations. The purpose of my essay is to invite conversations among civic leaders from the government, design, lending and residential development sectors, and academic opinion-makers, on how to stem the current foreclosure tide and restore confidence in owner-occupied housing markets, overcoming public anxieties about whether future economic downturns will bury those dwellers anew.


Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener 2009 Bonnett, Fairbourn, Friedman & Balint PC

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener

Michael N. Widener

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 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 Regulation Of Inchoate Technologies, Daniel J. Gervais 2009 Vanderbilt University

The Regulation Of Inchoate Technologies, Daniel J. Gervais

Daniel J Gervais

In the Essay, I explain why and how certain technologies defeat regulatory interventions. I then examine a number of major regulatory pitfalls and how they apply to the inchoate technologies, namely: the “law” of unintended consequences, the politicizing of regulatory interventions, costs, legacy regulation, asymmetric regulation and the role that the notion of efficiency is given in justifying regulatory impulses. I then consider whether the regulation of inchoate technologies should take account of, and may in fact be undesirable because, some technologies (or the use thereof) tend to self-regulate. Finally, I suggest lessons that can be drawn from this analysis ...


Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer 2009 University of Georgia School of Law

Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer

Timothy Meyer

Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs – which promote the stability of legal rules – have distributional implications. Before ...


Making Legal Aid More Affordable And Accessible, Gillian K. Hadfield 2009 University of Southern California Law

Making Legal Aid More Affordable And Accessible, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.


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