Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

486,418 Full-Text Articles 186,501 Authors 178,014,929 Downloads 418 Institutions

All Articles in Law

Faceted Search

486,418 full-text articles. Page 8410 of 8418.

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.


Great Escapes: Resistance Is Not Futile, Judith A. Reisman PhD 2009 Liberty University School of Law

Great Escapes: Resistance Is Not Futile, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.


Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart 2009 Columbia University

Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws ...


Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich 2009 Elon University School of Law

Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich

Michael L Rich

Without informants, policing would grind to a halt. The majority of drug and organized crime prosecutions hinge on the assistance of confidential informants, and white collar prosecutions and anti-terrorism investigations increasingly depend on them. Yet society by and large hates informants. The epithets used to describe them – “snitch,” “rat,” and “weasel,” among others – suggest the reason: the informant, by assisting the police, is guilty of betrayal. And betrayal is, in the words of George Fletcher, “one of the basic sins of our civilization.” But identifying disloyalty as the reason for society’s disdain raises more questions than it answers. Are ...


Arbitration: The "New Litigation", Thomas J. Stipanowich 2009 Pepperdine University

Arbitration: The "New Litigation", Thomas J. Stipanowich

Thomas J. Stipanowich

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider criticism. Once advocates promoted arbitration as a means of avoiding the contention, cost and expense of court trial; economy, efficiency and the opportunity to fashion true alternatives to litigation are still associated with conventional perceptions of arbitration. Yet today business arbitration ...


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”).


Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira 2009 Universidad Diego Portales

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified ...


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.


Saving Up For Bankruptcy, Ronald J. Mann, Katherine M. Porter 2009 Columbia University

Saving Up For Bankruptcy, Ronald J. Mann, Katherine M. Porter

Ronald Mann

This paper probes the puzzle of why only a few of those for whom bankruptcy would be economically valuable ever choose to file. We use empirical evidence about the patterns of bankruptcy filings to understand what drives the point in time at which the filings occur, and to generate policy recommendations about how the bankruptcy and debt-collection system sorts those that need relief from those that do not. The paper combines three kinds of data. First, quantitative data collected from judicial filing records that show the weekly, monthly, and annual patterns of bankruptcy filings. Second, 40 interviews with industry professionals ...


Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry 2009 World Maritime University

Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Конституционно-Правовая Концепция Луиса Брандайза, Leonid G. Berlyavskiy 2009 Rostov State Economic University RINH

Конституционно-Правовая Концепция Луиса Брандайза, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

The article is devoted to the research of the constitutional legal concept by Louis Brandeis - the outstanding American man of law, Associate Justice of the United States Supreme Court. He is considered as one of four greatest judges in XX century. L. Brandeis was possible to become successful in asserting the workers social and labor rights that directly have not been fixed in the United States Constitution. The “Brandeis Brief” became the essential contribution to USA procedural law. Brandeis was a supporter of the “Living Constitution” conception that is based on the idea of social changes, evolutions of the legal ...


Jurisdicción Constitucional Y Judicial Review: La Experiencia De Los Estados Unidos, Robert S. Barker, Victor Bazan 2009 Duquesne University School of Law

Jurisdicción Constitucional Y Judicial Review: La Experiencia De Los Estados Unidos, Robert S. Barker, Victor Bazan

Robert S. Barker

No abstract provided.


When Is Tax Enforcement Publicized? (With Daniel Z. Levin), Joshua D. Blank 2009 NYU School of Law

When Is Tax Enforcement Publicized? (With Daniel Z. Levin), Joshua D. Blank

Joshua D. Blank

Every spring, the federal government appears to deliver an abundance of announcements that describe criminal convictions and civil injunctions involving taxpayers who have been accused of committing tax fraud. Commentators have occasionally suggested that the government announces a large number of tax enforcement actions in close proximity to a critical date in the tax compliance landscape: April 15, “Tax Day.” Despite their provocative implications, these claims are speculative at best, as they lack any empirical support. This Article fills the empirical void by seeking to answer a straightforward question: when does the government publicize tax enforcement? To conduct our study ...


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake 2009 University of Michigan Law School

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Jillian Blake

No abstract provided.


Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson 2009 Selected Works

Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson

Prof. Elizabeth Burleson

This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.


Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel 2009 1789

Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel

Grace M. Giesel

Individuals who are related to an entity such as a corporation sometimes claim that when they communicated with the entity lawyer, they honestly and reasonably believed that the lawyer represented them. Thus, they claim that the attorney-client privilege applies and protects their statements from disclosure even when the entity has waived its privilege with regard to the communications. Many courts have given privilege claims by entity individuals harsh treatment. These courts, in the interest of protecting the entity, have required individuals to make proofs beyond that required by the traditional definition of the attorney-client privilege. In addition, these courts have ...


Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo 2009 University of Nevada - Reno

Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo

Richard A. Leo

Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated ...


El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado 2009 Seattle University

El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado

Colin Crawford

The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were ...


Integrating Iras With Snts, Thomas E. Simmons 2009 University of South Dakota School of Law

Integrating Iras With Snts, Thomas E. Simmons

Thomas E. Simmons

What happens when a client's IRA (or qualified retirement plan) names a third party supplemental needs trust (SNT) as a beneficiary? From a tax perspective, the result might not be pretty. The difficulty in integrating an SNT with an IRA lies in the "see through trust" rules which must be observed in order to qualify for beneficial income tax treatment.


Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons 2009 University of South Dakota School of Law

Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons

Thomas E. Simmons

A "pooled trust" -- or a (d)(4)(c) trust -- is unique in several ways: (a) A pooled trust is not restricted to individuals under age 65 (although this is under challenge in certain states); (b) A pooled trust can be established by the individual himself/herself; and (c) The at-death "payback" requirement to satisfy the Medicaid lien at a beneficiary's death is stated differently than the payback requirement of a (d)(4)(A) (or "payback") trust. Trusts in other states other my own state of South Dakota have been established to qualify for the special pooled trust benefits. In ...


Digital Commons powered by bepress