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Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan 2009 Drexel University School of Law; University of California, Berkeley, School of Law

Constitution And "Extraconstitution": Emergency Powers In Postcolonial Pakistan And India, Anil Kalhan

Anil Kalhan

This essay explores the experiences with emergency and emergency-like powers in postcolonial Pakistan and India to illustrate the ways in which constitutional and extraconstitutional states of exception can converge in their application. The experiences in Pakistan with what I term its "extraconstitution" - illustrated most recently by the state of "emergency" declared by Pervez Musharraf in 2007 - demonstrate, perhaps unsurprisingly, that extraconstitutional assertions of emergency powers can provide a ready template for authoritarian rulers to usurp power, violate fundamental rights, and transform the constitutional landscape in the guise of addressing a crisis. At the same time, the authoritarianism in such moments ...


Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah 2009 University of Maryland School of Social Work

Lawyers And The Power Of Community: The Story Of South Ardmore, Corey S. Shdaimah

Corey S Shdaimah

Community organizing and lawyering have often been seen as incompatible. Lawyers are said to take over, many legal remedies are not amenable to and even dampen lay participation, and legal efforts can siphon money and other scarce resources. However, community organizations choose to seek out legal assistance for the benefits it provides despite their awareness of the dangers of working with lawyers and engaging the law. Much of the more recent literature shows that lawyers working with community organizations are also sensitive to these potential risks and benefits. This article presents the author’s efforts to organize her South Ardmore ...


The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter 2009 Widener Law

The Affordable Care Act: What Does Healthcare Reform Say About Us?, Andrew J. Fichter

Andrew J Fichter

No abstract provided.


My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery 2009 Thomas M Cooley Law School

My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery

Brendan T Beery

This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.


Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa 2009 University of California - Irvine

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The application of copyright law to music has long been fraught with complexities and continuing problems. Problems in the application of copyright to blues music have come to pass, in part, as a result of the peculiar ways in which copyright has been applied to nonvisual technologies of musical creation and reproduction. In the nineteenth century, music creation and reproduction reflected a live performance tradition, within a commercial context in which sheet music was the dominant form of fixed musical reproduction. Although copyright has been an inexact fit for music generally, in a world in which sheet music was the ...


Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilities For Public Companies, Matthew P. Allen, Eric Jamison, Mark J. Bennett 2009 Miller, Canfield, Paddock and Stone, PLC

Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilities For Public Companies, Matthew P. Allen, Eric Jamison, Mark J. Bennett

Matthew P. Allen

No abstract provided.


Breaking Bucks: Sec Regulation By Obfuscation, William A. Birdthistle 2009 Chicago-Kent College of Law

Breaking Bucks: Sec Regulation By Obfuscation, William A. Birdthistle

William Birdthistle

This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis profoundly contradicts widely accepted theoretical and regulatory approaches to financial oversight. More alarmingly, the SEC’s newest rules increase rather than decrease the likelihood of future failures in money market funds and the broader capital markets. Scholars – of both neoclassical and behavioral economic theory – have long insisted that transparency and disclosure play essential roles in ensuring efficient capital markets and sound financial regulation. Professors Gilson and Kraakman notably argued that the efficient capital market hypothesis, and its reliance on a market ...


Prawo Naturalne I Nie-Naturalne, Jakob Cornides 2009 Selected Works

Prawo Naturalne I Nie-Naturalne, Jakob Cornides

Jakob Cornides

Polish translation of: Natural and Un-Natural Law Translator: Maciej Brachowicz


Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite 2009 Berkeley Law

Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite

Eric Stover

Book review for The Guantanamo Effect: Exposing the Consequences of US Detention and Interrogation Practices by Laurel Fletcher and Eric Stover


The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo 2009 University of California, Berkeley

The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo

Alexa Koenig

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal- procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations ...


Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster 2009 University of Newcastle, NSW, Australia

Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster

Neil J Foster

Explores civil liability arising from the Buncefield refinery explosion.


Reconsidering Federalism And The Farm, Margaret Sova McCabe 2009 University of Arkansas, Fayetteville

Reconsidering Federalism And The Farm, Margaret Sova Mccabe

Margaret Sova McCabe

The American food system has pressing problems that affect us all. Our food system's structure contributes to public health problems including obesity, food safety, and environmental degradation. This relationship between the food system and pubic health necessitates understanding the federal government's role in the food system. Federalism contributes to alienating people from food production and consumption. This essay argues that to address public health problems successfully, we must question the federal government's pervasive role in the food system and institute greater state and local roles. The essay reviews the rise of federalism in agriculture. It then examines ...


Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova McCabe 2009 University of Arkansas, Fayetteville

Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova Mccabe

Margaret Sova McCabe

In 2009, gluten-free foods were not only "hot" in the marketplace, several countries, including the United States, continued efforts to define gluten-free and appropriate labeling parameters. The regulatory process illuminates how difficult regulations based on safe scientific thresholds can be for regulators, manufacturers and consumers. This article analyzes the gluten-free regulatory landscape, challenges to defining a safe gluten threshold, and how consumers might need more label information beyond the term "gluten-free." The article includes an overview of international gluten-free regulations, the Food and Drug Administration (FDA) rulemaking process, and issues for consumers.


El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, Carlos Molina Sandoval 2009 University of Córdoba, Argentina

El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, Carlos Molina Sandoval

Carlos Molina Sandoval

El régimen competitivo no prohíbe la formación de poderes económicos (de hecho, la misma ley permite gozar de posición dominante -arts. 4 y 5, LDC-), sino que busca controlar mediante una notificación la estructuración del poder económico en el mercado, sancionando sólo aquellos que puedan afectar el interés económico general (art. 7, LDC). Este ensayo analiza el control de concentraciones económicas en el régimen argentino.


Retribución De Los Directores En Las Sociedades Comerciales, Carlos Molina Sandoval 2009 University of Córdoba, Argentina

Retribución De Los Directores En Las Sociedades Comerciales, Carlos Molina Sandoval

Carlos Molina Sandoval

El presente artículo analiza el art. 261, LSC, que regula la remuneración del directorio en la sociedad anónima.


The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley 2009 University of Wyoming

The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley

Timothy G. Kearley

Drawing primarily upon the most authoritative foreign-language sources, this article provides an English-language survey of how compilations of Justinian's Novels (novellae constitutions) were created and passed along over nearly two thousand years.


Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink 2009 Elon University School of Law

Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink

Eric M Fink

Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school ...


"That Man Is You!" The Juristic Person And Faithful Love, Scott T. FitzGibbon 2009 Boston College Law School

"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof. 2009 Pepperdine University

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing ...


The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof. 2009 Pepperdine University

The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.

Maureen A Weston

In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility ...


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