A Failure Of Capitalism (Book Review), 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, 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
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, 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", 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?, 2009 de Ramon Crush PC
India Recognizes Limited Liability Partnerships – Any Attraction For Us Investors?, 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, 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, 2009 Embry Riddle Aeronautical University - Daytona Beach
Airport Wildlife Hazard Control, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
Saving Up For Bankruptcy, 2009 Columbia University
Saving Up For Bankruptcy, Ronald J. Mann, Katherine M. Porter
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
No abstract provided.
Конституционно-Правовая Концепция Луиса Брандайза, 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, 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), 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, 2009 University of Michigan Law School
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
No abstract provided.
Climate Change Consensus: Emerging International Law, 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
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, 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, 2009 Seattle University
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
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, 2009 University of South Dakota School of Law
Integrating Iras With Snts, Thomas E. Simmons
Thomas E. Simmons
Pooled Trusts: An Introduction And Personal History, 2009 University of South Dakota School of Law