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Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel 2010 Brooklyn Law School

Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Comments: The Religious Land Use And Institutionalized Persons Act And Mega-Churches: Demonstrating The Limits Of Religious Land Use Exemptions In Federal Legislation, Heather M. Welch 2010 University of Baltimore School of Law

Comments: The Religious Land Use And Institutionalized Persons Act And Mega-Churches: Demonstrating The Limits Of Religious Land Use Exemptions In Federal Legislation, Heather M. Welch

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 39 Number 3 (Spring 2010) Front Matter, 2010 University of Baltimore Law

University Of Baltimore Law Review Volume 39 Number 3 (Spring 2010) Front Matter

University of Baltimore Law Review

No abstract provided.


Symposium Foreword: Applied Feminism And Marginalized Communities, Michele E. Gilman 2010 University of Baltimore School of Law

Symposium Foreword: Applied Feminism And Marginalized Communities, Michele E. Gilman

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 40 Number 1 (Fall 2010) Front Matter, 2010 University of Baltimore Law

University Of Baltimore Law Review Volume 40 Number 1 (Fall 2010) Front Matter

University of Baltimore Law Review

No abstract provided.


Digitization And Democracy: The Conflict Between The Amazon Kindle License Agreement And The Role Of Libraries In A Free Society, Gregory K. Laughlin 2010 Cumberland School of Law

Digitization And Democracy: The Conflict Between The Amazon Kindle License Agreement And The Role Of Libraries In A Free Society, Gregory K. Laughlin

University of Baltimore Law Review

No abstract provided.


Essay: Deciphering Risk: Sex Offender Statutes And Moral Panic In A Risk Society, Bela August Walker 2010 Fordham University School of Law

Essay: Deciphering Risk: Sex Offender Statutes And Moral Panic In A Risk Society, Bela August Walker

University of Baltimore Law Review

No abstract provided.


Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank 2010 Allard School of Law at the University of British Columbia

Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank

Faculty Publications

This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages ...


Charities And Terrorist Financing, David G. Duff 2010 Allard School of Law at the University of British Columbia

Charities And Terrorist Financing, David G. Duff

Faculty Publications

A decade after the bombing of Air India Flight 182 in June 1985, many Canadians were shocked to learn that the Babbar Khalsa Society – a militant organization dedicated to the establishment of an independent state in northern India, members of which are believed to have planned the Air India bombing – had been granted charitable status in Canada. Although the organization’s charitable status was revoked in 1996, reports also suggested that funds collected to support Sikh temples in Canada may have been diverted to support Sikh militancy in India. This article examines the relationship between charities and terrorist financing in ...


Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008), Douglas C. Harris 2010 Allard School of Law at the University of British Columbia

Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008), Douglas C. Harris

Faculty Publications

Systems for recording interests in land are not the subject of much public interest or concern in Canada. Occasionally a sympathetic victim of egregious fraud receives some media attention, but generally the land system operates quietly in the background. This has not always been so, and Greg Taylor's history of Torrens or title registration in Canada reveals a nineteenth century during which the merits and limitations of the common law, deeds registration, and title registration systems were vigorously and publicly debated. Eventually, title registration based on a model first developed in South Australia would prevail in the provinces and ...


In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood 2010 Allard School of Law at the University of British Columbia

In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood

Faculty Publications

The Working Group on Social Responsibility (WGSR) of the International Organization for Standardization (ISO) will meet in Copenhagen from May 17 to 21, 2010 for what is likely to be its last meeting to work on ISO 26000, an international guide on social responsibility. One of the central challenges for the WGSR is to define the scope of an organization’s responsibility for human rights abuses committed by third parties. ISO 26000, approved by a large majority in a recent "Draft International Standard" ballot, answers this question largely in terms of an organization’s degree of control or influence over ...


Tribute To Dean Robert E. Sullivan, J. Martin Burke 2010 University of Montana School of Law

Tribute To Dean Robert E. Sullivan, J. Martin Burke

Faculty Law Review Articles

This article is a tribute to Robert E. Sullivan, long-time dean of the University of Montana School of Law.


Floods, Famines, Or Feasts: Too Much, Too Little, Or Just Right, Sandra B. Zellmer 2010 Alexander Blewett III School of Law at the University of Montana

Floods, Famines, Or Feasts: Too Much, Too Little, Or Just Right, Sandra B. Zellmer

Faculty Law Review Articles

The United States has a passionate love-hate relationship with water. Americans love to live beside rivers and lakes and use them for drinking water, washing, fishing, generating power, navigating, and recreation. They also love to be able to use water from rivers, lakes, and the ground beneath their property to irrigate their crops. When it's too dry, they pray for rain. But when it's too wet, they beg for sunshine, because as much as they love living as close to the water as they can get, people hate having their homes, workplaces, and crops inundated by floodwater even ...


The Case Against Shareholder Empowerment, William W. Bratton, Michael L. Wachter 2010 University of Pennsylvania Carey Law School

The Case Against Shareholder Empowerment, William W. Bratton, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Comments: In Light Of Crawford V. Washington And The Difficult Nature Of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts Of Domestic Violence In Domestic Violence Prosecutions, Jay A. Abarbanel 2010 University of Baltimore Law

Comments: In Light Of Crawford V. Washington And The Difficult Nature Of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts Of Domestic Violence In Domestic Violence Prosecutions, Jay A. Abarbanel

University of Baltimore Law Review

No abstract provided.


Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini 2010 University of Baltimore School of Law

Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini

University of Baltimore Law Review

No abstract provided.


Madoff Ponzi Scheme Exposes "The Myth Of The Sophisticated Investor", Felicia Smith 2010 Financial Services Roundtable

Madoff Ponzi Scheme Exposes "The Myth Of The Sophisticated Investor", Felicia Smith

University of Baltimore Law Review

On June 29,2009, Bernard L. Madoff was sentenced to 150 years in a federal penitentiary for his role in a multinational Ponzi scheme of historic proportions — some $64.8 billion (which included estimated gains from apparently bogus investment returns). The criminal charges against Madoff included securities fraud, investment adviser fraud, international and domestic money laundering, and perjury.

Many of Madoff's investors were regarded as sophisticated investors. Since its adoption in 1933, the Securities Act affords an exemption from the registration requirements for issuers who offer securities to sophisticated investors because these investors have the resources and financial expertise ...


Taxpayer Standing From Flast To Hein, Carl H. Esbeck 2010 University of Missouri School of Law

Taxpayer Standing From Flast To Hein, Carl H. Esbeck

Faculty Publications

This essay plays off a critique by Professor Maya Manian of an article where I discussed the decision in Hein v. Freedom From Religion Foundation, Inc., 551 U.S. 587 (2007) (plurality opinion). While Professor Manian was concerned about how the result in Hein would lead to under enforcement of church-state separation, my article had utilized Hein, and more generally the law of taxpayer standing beginning with Flast v. Cohen (1968), to look beyond the question of aid to religion. Rather, I began by showing that the only cases in which the Court had announced a “generalized grievance” and thereby ...


Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler 2010 University of Missouri School of Law

Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler

Faculty Publications

The use of “card checks” as a method of union organizing has recently garnered considerable attention, much of it surrounding the proposed Employee Free Choice Act. The proposed legislation seeks to amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via card checks. Despite this recent interest in card checks, there is little empirical research on the topic due, in part, to the lack of available data. Although card-check organizing in the private sector is not rare, such organizing is voluntary, and does ...


Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten 2010 University of Missouri School of Law

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing ...


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