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Human Rights Across National Borders, Dores Jan 2009

Human Rights Across National Borders, Dores

Societies Without Borders

In Pakistan are visible thousands of children living alone in the streets, used by different kind of people for underground proposes. Then one finds them older entering Greece borders, bringing with them the underground exploitative activities as well as the solidarity support of local population living where migrant pass. Looking to the youngsters migrant flow from Afghanistan to Europe, is it possible to understand it when sociologist look at it as a problem of national stock and flow? Or does sociology need to adopt without borders methodologies?


The Court Of Appeals For The Fifth Circuit: A Review Of 2007-2008 Insurance Decisions, Willy E. Rice Jan 2009

The Court Of Appeals For The Fifth Circuit: A Review Of 2007-2008 Insurance Decisions, Willy E. Rice

Faculty Articles

The Fifth Circuit Court of Appeals decided a considerable number of insurance-related controversies between June 2007 and May 2008. Arguably, the most important, comprehensive decisions are discussed-nineteen insurance cases that originate in just five federal district courts. Generally, the Fifth Circuit decided familiar questions of law and fact. More specifically, the following types of procedural and substantive conflicts appear in the nineteen insurance decisions: (1) one case involving the constitutionality of a Texas insurance statute; (2) two federal preemption and removal controversies involving the Employee Retirement Income Security Act (“ERISA”); (3) two disagreements requiring the court of appeals to make …


Revisiting Human Rights In Latin America: Introduction, Christina Cerna Jan 2009

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.


Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson Jan 2009

Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson

Human Rights & Human Welfare

Throughout much of the developing world, children make up an alarming portion of the workforce. These children are robbed of their childhood in order to provide economic supplementation to their families. According to the International Labor Organization (ILO), 5.7 million children in Latin America participate in the regional workforce (2006). It is a common misconception that children, who do not participate in the formal workforce, are not child laborers. However, the ILO defines child labor as any work that is detrimental to a child’s well-being or interferes with a child’s education. Due to the many categories and classifications of child …


Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester Jan 2009

Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester

Human Rights & Human Welfare

In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.


Food Insecurity In Sub-Saharan Africa, Amy Rademacher Jan 2009

Food Insecurity In Sub-Saharan Africa, Amy Rademacher

Human Rights & Human Welfare

For almost half a century, Sub-Saharan Africa (SSA) has been struggling, in one form or another, with food insecurity. This ongoing condition has been caused by a number of factors including distribution obstacles, global climate change, a lack of successful local agriculture, and an inability or disinterest to act by local officials. The situation has been further complicated by an inefficient and disorganized international response to the crisis. Although most would agree that each of these factors carries at least some validity, there is far less international consensus on the best remedy to the crisis.


Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman Jan 2009

Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman

Faculty Publications

Many federal, state, local and private entities are investing significant resources in disaster readiness initiatives. Often disregarded, however, are the special needs of vulnerable populations during disasters. In the context of emergencies, vulnerable groups may include individuals with disabilities, pregnant women, children, the elderly, prisoners, members of ethnic minorities, people with language barriers, and the impoverished. The fate of the disadvantaged during disasters has received little attention in the legal literature, and this article begins to fill that gap. It examines ethical theories of distributive justice and existing federal and state civil rights and emergency response laws and argues that …


Privatizing Ethics In Corporate Reorganizations, A. Mechele Dickerson Jan 2009

Privatizing Ethics In Corporate Reorganizations, A. Mechele Dickerson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Land Tenure, Titling, And Gender In Bolivia, Susana Lastarria-Cornhiel Jan 2009

Land Tenure, Titling, And Gender In Bolivia, Susana Lastarria-Cornhiel

Saint Louis University Public Law Review

No abstract provided.


Diet Starts Monday: An Analysis Of Current U.S. Dietary Supplement Regulations Through An International Comparison, Greg Lindquist Jan 2009

Diet Starts Monday: An Analysis Of Current U.S. Dietary Supplement Regulations Through An International Comparison, Greg Lindquist

Saint Louis University Journal of Health Law & Policy

No abstract provided.


World News, Nick Alarif, Kate Halloran Jan 2009

World News, Nick Alarif, Kate Halloran

Sustainable Development Law & Policy

No abstract provided.


A New Approach To The Identification And Enforcement Of Open Quantity Contracts: Reforming The Law Of Exclusivity And Good Faith, Shelley Smith Jan 2009

A New Approach To The Identification And Enforcement Of Open Quantity Contracts: Reforming The Law Of Exclusivity And Good Faith, Shelley Smith

Valparaiso University Law Review

No abstract provided.


Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi Jan 2009

Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi

Faculty Publications

The right to participation is the “the right of rights” — the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties explicitly recognize the essential role of participation in realizing fundamental human rights. While the substance of the human right to health has been extensively developed, the right to participation as one of its components has remained largely unexplored. Should rights-based health advocacy focus on participation because there is a relationship between an individual’s or a community’s active involvement in health care decision-making and the …


Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne Jan 2009

Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne

Faculty Scholarship

In December 2006, the Food and Drug Administration (FDA) announced that it had reviewed all the available evidence and was poised to approve meat and milk from cloned animals and their progeny. Such products, said the FDA, are virtually identical to meat or milk from a non-clone. Further, the FDA announced it would almost certainly not require food from clones to be labeled as such. Part I of this article identifies three functions that labels perform, outlines the types of information usually required, and introduces the rule that voluntary label information cannot be misleading. Part II focuses on process information …


Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas Jan 2009

Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas

UIC Review of Intellectual Property Law

Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.


Daynight Llc V. Mobilight Inc And Ross Johnson V. Kk Machinery Pty Ltd, Paul La Marr, And Cory Rowe : Brief Of Appellee, Utah Court Of Appeals Jan 2009

Daynight Llc V. Mobilight Inc And Ross Johnson V. Kk Machinery Pty Ltd, Paul La Marr, And Cory Rowe : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of the Third District Court, Salt Lake County The Honorable Tyrone E. Medley


Inside Unlv, Diane Russell, Michelle Mouton, Cate Weeks, Stephanie Strow Jan 2009

Inside Unlv, Diane Russell, Michelle Mouton, Cate Weeks, Stephanie Strow

Inside UNLV

No abstract provided.


“Spring-Loading” Executive Stock Options: An Abuse In Need Of A Federal Remedy, Matthew E. Orso Jan 2009

“Spring-Loading” Executive Stock Options: An Abuse In Need Of A Federal Remedy, Matthew E. Orso

Saint Louis University Law Journal

No abstract provided.


End-Of-Life Care: Doctors’ Complaints And Legal Restraints, Robert Schwartz Jan 2009

End-Of-Life Care: Doctors’ Complaints And Legal Restraints, Robert Schwartz

Saint Louis University Law Journal

No abstract provided.


The Limits To Life: What The D.C. Circuit’S Decision In Abigail Alliance V. Von Eschenbach Means For Medical Futility Statutes, Alicia Seibel Jan 2009

The Limits To Life: What The D.C. Circuit’S Decision In Abigail Alliance V. Von Eschenbach Means For Medical Futility Statutes, Alicia Seibel

Saint Louis University Law Journal

No abstract provided.


From Concierge Medicine To Patient-Centered Medical Homes: International Lessons And The Search For A Better Way To Deliver Primary Health Care In The U.S, Gwendolyn R. Majette Jan 2009

From Concierge Medicine To Patient-Centered Medical Homes: International Lessons And The Search For A Better Way To Deliver Primary Health Care In The U.S, Gwendolyn R. Majette

Law Faculty Articles and Essays

This paper will proceed in eight parts. Part II explores why primary care is a critical component of a country's health care delivery system. Part III describes patient and physician dissatisfaction with the current state of primary care delivery in the United States. Parts IV and V describe physician-designed solutions and Congress' responses to them. Part VI describes the role of primary care in the delivery of health services in the international context by focusing on the World Health Organization's Health for All policy and the policies supporting primary care in the United Kingdom, the Netherlands, and Belgium. Part VII …


Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray Jan 2009

Policentrism, Political Moblization, And The Promise Of Socioeconomic Rights, Brian E. Ray

Law Faculty Articles and Essays

There is an active and heated debate over whether socioeconomic rights should be included in modern constitutions because of their supposed "positive" character and the difficult separation-of-powers and institutional-competence concerns such rights raise. The controversy over the nature of socioeconomic rights and whether constitutions should include them is connected to the issue of how to enforce these rights when they are included. The South African Constitutional Court is the leading example of a court dealing with these enforcement issues, and its early decisions have been hailed by many, including Mark Tushnet and Cass Sunstein, as developing a uniquely effective approach …


Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison Jan 2009

Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison

UF Law Faculty Publications

This article explains why outcome-oriented goals like efficiency, happiness, or well-being are ultimately of limited use as goals for law. Part II places happiness research in the context of past efforts to assess efficiency standards. Part III outlines the schism between efficiency and happiness and examines whether they can be reconciled. Part IV discusses the problems of relying on direct measures of happiness. The concept of decisional equity is described and examined in Part V.


Conflict Of Laws, Stephanie K. Marshall, Wm. Frank Carroll, James P. George Jan 2009

Conflict Of Laws, Stephanie K. Marshall, Wm. Frank Carroll, James P. George

SMU Law Review

No abstract provided.


Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein Jan 2009

Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein

Law Faculty Scholarship

The asbestos crisis has spawned the development of extraordinary new remedies. One of the most dramatic and controversial is known as a "non-debtor release," a bankruptcy order extinguishing claims against a party who has not itself filed for bankruptcy. Also known as a "third-party release," this form of relief first found acceptance in early asbestos insolvencies. Since that time, Congress has passed a statute—§ 524(g) of the Bankruptcy Code—that expressly authorizes non-debtor releases in asbestos reorganizations. Powerful remedies are subject to abuse, and third-party releases are no exception. In this article, I argue that bankruptcy courts and litigants have overlooked …


Federal Rule Of Civil Procedure 37(E): Spoiling The Spoliation Doctrine, Nicole D. Wright Jan 2009

Federal Rule Of Civil Procedure 37(E): Spoiling The Spoliation Doctrine, Nicole D. Wright

Hofstra Law Review

No abstract provided.


The Social-Obligation Norm In American Property Law, Gregory S. Alexander Jan 2009

The Social-Obligation Norm In American Property Law, Gregory S. Alexander

Cornell Law Review

No abstract provided.


Delinquent Of Distracted - Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel Jan 2009

Delinquent Of Distracted - Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel

Minnesota Journal of Law & Inequality

No abstract provided.


The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Michigan, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Michigan, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Michigan’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder Jan 2009

No Cracks In The Wall: The Standing Barrier And The Need For Restructuring Animal Protection Laws, Kristen Stuber Snyder

Cleveland State Law Review

American society's perception of animals has come a long way since the country was founded over 200 years ago. However, the court system has been slow to evolve along with these views, and the standing requirement maintains a barrier for those wishing to enforce protection through litigation. While protective legislation currently exists, it does not provide the necessary means of enforcement to accomplish its objectives. Thus, the enactment of new legislation is necessary to ensure animals in this country exist under decent and humane conditions.