By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, 2009 The Dickson Poon School of Law, King's College London
By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay
David D. Caron
California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys who are not members of the State Bar of California to act as counsel in international arbitrations here. Both allow out-of-state attorneys to participate in these arbitrations, but provide no similar provisions for out-of-country attorneys. However, even out-of-state attorneys are not safe. In 2011, when §1282.4 sunsets, out-of-state attorneys will also be barred from appearing as counsel in California-based international arbitrations.
The Oceans In The Nuclear Age, 2009 The Dickson Poon School of Law, King's College London
The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber
David D. Caron
There are few moments which may be said to fundamentally alter the course of human events. The advent of the nuclear age in 1945 is clearly one of them. The nuclear age has many dimensions, the implications of which, seven decades later, are still unfolding. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into its history. This book considers how the nuclear age has affected the oceans and the legal regime of the oceans. The Law of the Sea of Institute undertook the Oceans in the Nuclear Age Project ...
The Development Of Gender Within The Particular Social Group Definition Under The United Nations Refugee Convention And United States Immigration Law: Case Studies Of Female Asylum Seekers From Cameroon, Eritrea, Iraq And Somalia, 2009 Selected Works
The Development Of Gender Within The Particular Social Group Definition Under The United Nations Refugee Convention And United States Immigration Law: Case Studies Of Female Asylum Seekers From Cameroon, Eritrea, Iraq And Somalia, T S. Twibell
Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, 2009 Indiana University Maurer School of Law
Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, Pamela Foohey
Judicial estoppel may apply where an individual debtor fails to disclose a pending employment discrimination lawsuit on his or her bankruptcy schedules, effectively asserting a position before the bankruptcy court that the litigation does not exist. In these instances, courts are faced with judicial estoppel’s directive to protect the integrity of the judicial system from perversion and mockery and the Bankruptcy Code’s fundamental principle of the necessity of full disclosure by the debtor, and the Code’s countervailing directive to carry out the orderly and equitable repayment of a debtor’s creditors.
Because both federal and state courts ...
The Public-Private Dichotomy In Morality And Law, 2009 Widener University Law School
The Public-Private Dichotomy In Morality And Law, Larry D. Barnett
Larry D Barnett
The article advances the thesis that the doctrines and concepts of law are attributable to the properties of society and to the forces molding these properties. The thesis, after being illustrated with the federal Investment Advisers Act, is assessed quantitatively using data from the General Social Survey. The Survey interviews a national sample of adults in U.S. households, and in 1991, it ascertained whether interviewees classified morality as a private matter or as a public issue. The social values of interviewees on the public-private nature of morality were the dependent variable in a study that assumed (i) an activity ...
Disclosures About Disclosure, 2009 University of Notre Dame
Disclosures About Disclosure, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
An often overlooked aspect of the Supreme Court’s recent decision in Citizens United v. FEC is the sharply contrasting factual accounts regarding disclosure of independent election-related spending. For eight of the Justices, such disclosure is constitutionally defensible because it enables voters to make informed decisions. For Justice Thomas, however, such disclosure is constitutionally suspect because of its potential to result in retaliation and related chilling of First Amendment speech in the form of financial contributions. The continuing importance of these contrasting narratives can be found not only in the pending Supreme Court case of Doe v. Reed, in which ...
Taxation Of Workers In Sweden, 2009 Lund University
Taxation Of Workers In Sweden, Maria Hilling
The Swedish national report for the EATLP Conference in Cambridge
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, 2009 Northeastern University School of Law
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens
Margaret B Drew
The article discusses the due process denials inherent in the Massachusetts scheme designed to defeat the victim's choice of forum for hearing on a civil protection order petition. The scheme would divert many protection orders to family court even though the statute in question permits filing and hearing of the petitions in district, superior and famiy courts. The diversion would be available whenever there is a related case filed in family court at the time that the petition for protection is filed. More alarmingly, the petition could be diverted to family court if a subsequent action was filed in ...
Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, 2009 University of Akron School of Law
Impartiality: Balancing Personal And Professional Integrity In Judicial Decision-Making, Sarah M. R. Cravens
Sarah M. R. Cravens
No abstract provided.
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, 2009 University of Pennsylvania Law School
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
Aileen M McGill
After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted ...
Subconstitutionalism, 2009 University of Chicago
Subconstitutionalism, Tom Ginsburg, Eric A. Posner
No abstract provided.
Solving “The Burklow Problem”: Federal Question Jurisdiction Of Tucker Act And Labor-Management Relations Act Cases After Textron Lycoming V. Uaw, Jennifer E. Spreng, Roberto J. Escobar
Jennifer E Spreng
No abstract provided.
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, 2009 Stanford University
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu
No abstract provided.
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, 2009 University of South Dakota School of Law
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton
Thomas J. Horton
No abstract provided.
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, 2009 New York Law School
Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm
In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving ...
Labour Law, 2009 Lund University
Labour Law, Ann Numhauser-Henning
No abstract provided.
Balancing The Rights Of The Public With The Jurors' Right To Privacy During The Jury Selection Process, 2009 Arizona Summit Law School
Balancing The Rights Of The Public With The Jurors' Right To Privacy During The Jury Selection Process, Stephen A. Gerst
Stephen A Gerst
It is rare for a trial judge hearing a criminal case to receive a motion to intervene filed by third parties not named in the proceedings. In the jury selection process of cases involving high profile defendants, however, the public - including the press - has a heightened interest in the proceedings. At the same time, the trial judge may have a heightened interest in the protection of juror privacy. This article discusses the issue of when and under what circumstances a trial court may close proceedings to the public during the jury selection process and seal the written responses to juror ...
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, 2009 Temple University School of Law
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Nancy J. Knauer
The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views ...
The Inconvenience Of A “Constitution [That] Follows The Flag ... But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, 2009 University of Florida Levin College of Law
The Inconvenience Of A “Constitution [That] Follows The Flag ... But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet
Pedro A. Malavet
Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Additionally, the four dissenting justices agreed with the five in the majority that the plurality opinion of Justice Edward Douglass White in Downes —as affirmed by a unanimous court in 1922 in Balzac v. People of Porto Rico— is still the dominant interpretation ...
The Effect Of Representational Gender On Policy Preferences In U.S. Municipalities, 2009 Florida Atlantic University
The Effect Of Representational Gender On Policy Preferences In U.S. Municipalities, Mirya R. Holman
Mirya R Holman
The research presented here explores the effect of gender and gender consciousness on the policy preference of local elected officials. Remedying a gap in the scholarship on women in local office, I examine the attitudes of mayors and council members on a variety of urban policy issues. First positing a gender gap theory of representative attitudes, I find almost no differences in policy preferences between men and women serving in local office. As an alternative, I posit and test a gender consciousness theory of policy preferences. Using open-ended survey data, I find that possessing a gender consciousness has a significant ...