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

Law Commons

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

497,498 Full-Text Articles 193,825 Authors 178,014,929 Downloads 423 Institutions

All Articles in Law

Faceted Search

497,498 full-text articles. Page 8560 of 8579.

By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay 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, David D. Caron, Harry N. Scheiber 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, T S. Twibell 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

Ty Twibell

This article’s main proposition is that women who seek asylum in the United States based on gender do not have sufficient protection. It first discusses the evolution of gender in asylum law and the growing Northern and Southern dichotomy. This includes a discussion of the specific legal protections of refugees and asylees within the UN Refugee Convention and the relatively recent introduction of gender-based asylum in general. The core of this article is the detailed case discussion of female asylum seekers, particularly from Somalia, but also from Cameroon, Eritrea and Iraq. These female asylum seekers’ claims were augmented by ...


Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, Pamela Foohey 2009 Indiana University Maurer School of Law

Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, Pamela Foohey

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, Larry D. Barnett 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, Lloyd Hitoshi Mayer 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, Maria Hilling 2009 Lund University

Taxation Of Workers In Sweden, Maria Hilling

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, Margaret B. Drew, Marilu E. Gresens 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, Sarah M. R. Cravens 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, Aileen M. McGill 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, Tom Ginsburg, Eric A. Posner 2009 University of Chicago

Subconstitutionalism, Tom Ginsburg, Eric A. Posner

Tom Ginsburg

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 2009 Arizona Summit Law School

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, Jiarui Liu 2009 Stanford University

The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu

Jiarui Liu

No abstract provided.


Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton 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, James Grimmelmann, Paul Ohm 2009 New York Law School

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

James Grimmelmann

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, Ann Numhauser-Henning 2009 Lund University

Labour Law, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Balancing The Rights Of The Public With The Jurors' Right To Privacy During The Jury Selection Process, Stephen A. Gerst 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, Nancy J. Knauer 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, Pedro A. Malavet 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, Mirya R. Holman 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 ...


Digital Commons powered by bepress