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Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma 2009 National Law School of India University

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

The book is essentially a guide to the use of Protection of Women from Domestic Violence Act (PWDVA), 2005. Intended for the use of district lawyers, as well as other concerned members of the civil society, the book is in a question and answer format, containing an analysis of the provisions and impact of the law, as well as extracts of landmark judgments of the High Courts and the Supreme Court of India. It has been printed in both English and Hindi.


Kandhamal: The Law Must Change Its Course, Saumya Uma 2009 National Law School of India University

Kandhamal: The Law Must Change Its Course, Saumya Uma

Dr. Saumya Uma

The tragedy of Kandhamal, a district of Orissa in eastern India, is that the attack on the Christian community was familiar and the subsequent failure of the legal system to accord justice to the victim-survivors predictable. This book critically examines the patterns of impunity as they unfold in Kandhamal. There is today a vibrant debate seeking legal reform to ensure accountability for mass crimes by extending culpability to those who sponsor and profit from the carnage. Rooted in the firm belief that without justice there can be no peace, this book seeks to contribute to the effort to forge new ...


Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio M. Grossman 2009 American University Washington College of Law

Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.


Mcdonald V. City Of Chicago, 130 S.Ct. 3020 (2010), Justice Breyer Dissenting Opinion At Page 911.Pdf, William G. Merkel 2009 University of South Carolina School of Law

Mcdonald V. City Of Chicago, 130 S.Ct. 3020 (2010), Justice Breyer Dissenting Opinion At Page 911.Pdf, William G. Merkel

William G. Merkel

Merkel, The District of Columbia v. Heller and Antonin Scalia's Perverse Sense of Originalism, 13 Lewis & Clark L.Rev. 349 (2009), cited in Justice Breyer's dissenting opinion, beginning on page 3120, at page 3121.


Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson 2009 University of California Hastings College of Law

Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson

Scott Dodson

No abstract provided.


O'Connell V. Chapman Univ., No. 10-810, Scott Dodson 2009 University of California Hastings College of Law

O'Connell V. Chapman Univ., No. 10-810, Scott Dodson

Scott Dodson

No abstract provided.


Justice Souter And The Civil Rules, Scott Dodson 2009 University of California Hastings College of Law

Justice Souter And The Civil Rules, Scott Dodson

Scott Dodson

Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. This short essay therefore analyzes a unique set of opinions—those that he authored on ...


New Pleading, New Discovery, Scott Dodson 2009 University of California Hastings College of Law

New Pleading, New Discovery, Scott Dodson

Scott Dodson

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual sufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is ...


Comparative Convergences In Pleading Standards, Scott Dodson 2009 William & Mary Law School

Comparative Convergences In Pleading Standards, Scott Dodson

Scott Dodson

Comparative civil procedure has had little influence in American jurisprudence and commentary, in part because of American procedure’s deep and widespread exceptionalism. But this may be changing, at least in certain areas. The American notice pleading standard, for example, which has long been considered exceptional, shows signs of trending toward the fact pleading models of foreign countries. Congressional experimentation with heightened pleading in statutes such as the Private Securities Litigation Reform Act and the Supreme Court’s recent pronouncement in Bell Atlantic v. Twombly suggest that American pleading jurisprudence is moving away from its traditionally exceptionalist corner and towards ...


Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber 2009 University of Maryland Francis King Carey School of Law

Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber

Mark Graber

No abstract provided.


Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning 2009 Lund University

Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc J. Blitz 2009 Oklahoma City University

Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc J. Blitz

Marc J. Blitz

No abstract provided.


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 ...


Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson 2009 College of William and Mary

Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson

Jared A. Wilkerson

When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially ...


Raising The Bar: Us Legal Education In An International Setting, Claudio M. Grossman 2009 American University Washington College of Law

Raising The Bar: Us Legal Education In An International Setting, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.


Legal Education Reform, Claudio M. Grossman 2009 American University Washington College of Law

Legal Education Reform, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.


Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate 2009 Whittier Law School

Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate

Manoj S. Mate

This article examines two critical "moments" in the expansion of judicial power in India: the assertion of the basic structure doctrine and the development of the PIL regime in the post-Emergency Indian Court. The Indian Supreme Court asserted two key functional roles in these moments: (1) the role of a constitutional guardian in asserting its role in preserving the basic structure of the Constitution, and (2) as a champion of the rule of law and responsible governance in developing PIL. Though both moments were significant in the empowerment of the Indian Supreme Court, I argue that development of PIL was ...


The Massillon Artful Living Project: Some Positive Results Are Evident, Oscar T. McKnight, John Sikula, Gary Zoldesy 2009 Ashland University

The Massillon Artful Living Project: Some Positive Results Are Evident, Oscar T. Mcknight, John Sikula, Gary Zoldesy

Oscar T McKnight Ph.D.

The Massillon Artful Living Project (ALP) was created to immerse developing minds in the fine arts and to enhance the creativity, social skills, and academic achievement of preschool children. The data analyses to date support program expansion. Also, feedback by teachers, parents, administrators and community arts providers are positive.


Das Virtudes Cívicas Clássicas Às Virtudes Pós-Modernas - Dos Tempos E Dos Modos, Paulo Ferreira da Cunha 2009 Universidade do Porto

Das Virtudes Cívicas Clássicas Às Virtudes Pós-Modernas - Dos Tempos E Dos Modos, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Ao mesmo tempo que importa recuperar, na nossa memória e na educação, os grandes exemplos dos virtuosos heróis e sábios da Antiguidade Clássica, que a deseducação tem olvidado, não se pode esquecer que o mundo pós-moderno em que vivemos requer de nós aptidões, virtualidades, posicionamentos diferentes. Não para caminharmos no sentido de todos os demais, mas para respondermos com valor aos reptos do presente. Este artigo procura conciliar, pois, o legado clássico das virtudes cívicas, com algumas propostas inspiradas em autores recentes (como Italo Calvino e Alain Finkielkraut) para o séc. XXI


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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