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Articles 3031 - 3060 of 5986
Full-Text Articles in Entire DC Network
Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley
Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley
Articles
No abstract provided.
Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos
Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos
Articles
No abstract provided.
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Articles
Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …
The Foolosophy Of Justice And The Enigma Of Law, Peter Goodrich
The Foolosophy Of Justice And The Enigma Of Law, Peter Goodrich
Articles
The article explores the symbolic meaning of legal images, particularly the figure of Justitia (Justice) and her blindfold, in 16th-century legal texts. It argues that these images, often overlooked, are enigmatic symbols rooted in legal and theological traditions, conveying meanings that have been forgotten over time. The blindfold, in particular, signifies the separation between divine and human law, emphasizing the limits of human understanding and the enigmatic nature of legal symbolism.
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Articles
No abstract provided.
For Love Or Money? Legal Treatment Of Golddiggers, Stewart E. Sterk
For Love Or Money? Legal Treatment Of Golddiggers, Stewart E. Sterk
Articles
No abstract provided.
Down-Sizing The Little Guy Myth In Legal Definitions, Mirit Eyal-Cohen
Down-Sizing The Little Guy Myth In Legal Definitions, Mirit Eyal-Cohen
Articles
What is a “small business” in the eyes of the law? There is not one standard definition. Current legal definitions of a firm's size are inconsistent and overinclusive. They vary from one area of the law to another and within various sections of the same law. They create a skewed picture and result in data distortion that reinforces favoritism toward small entities, as studies on the contribution of small businesses to the economy are greatly dependent on these studies' delineation of the term “small.” In this time of huge deficits and rise in economic inequality, a lot of money is …
Fairness For Transactional Events, Edward Amsden, Matthew Fluet
Fairness For Transactional Events, Edward Amsden, Matthew Fluet
Articles
Transactional events are a recent concurrency abstraction that combines first-class synchronous message-passing events with all-or-nothing transactions. Transactional events provide both a sequencing combinator, which permits the description of behaviors in which multiple potential synchronization actions (including communications between threads) either all occur in sequence or none of them occur, and a nondeterministic choice combinator, which permits the description of behaviors in which exactly one of a set of potential synchronization actions occurs. While prior work gave a semantics and an implementation for transactional events, it provided no guarantees about which of the many non-deterministic executions might be exhibited by a …
The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao
The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao
Articles
A common challenge faced by members of the Association of Portuguese Language Universities (AULP) and by other higher education institutions around the world is providing access to up-to-date and relevant academic literature. In an age where more research is being published than ever before, institutions need to move with the times and recognise that we should change our approach to tertiary education. This report considers how a university based in a Portuguese speaking country can use e-learning to overcome some of the barriers presented by language in higher education.
Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall
Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall
Articles
Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.
Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow
Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow
Articles
Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing onerous burdens on their injurers. Through the remedy of injunction, tort law enables victims to restrict their injurers' freedom of action, and through the remedies of damages and restitution, tort law enables victims to deprive their injurers of money and other things of value. Moreover, tort law distinctively grants victims themselves the power to impose these burdens, rather than reserving prosecutorial discretion to the state. These features of tort law invite the charge that tort law is essentially a form of institutionalized revenge. …
Antibiotic Resistance, Jessica D. Litman
Antibiotic Resistance, Jessica D. Litman
Articles
Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …
The Financial Crisis And The Path Of Reform, Michael S. Barr
The Financial Crisis And The Path Of Reform, Michael S. Barr
Articles
In the lead-up to the financial crisis, the U.S. financial sector was overleveraged, short-funded, risky, and opaque. "Shadow banking" permitted institutions to avoid comprehensive supervision and capital requirements. Innovation outpaced the ability or willingness of private- and public-sector guardians to rein in risks. An asset bubble fed the system, until the market imploded in the fall of 2008. When the crisis hit, our society found itself illequipped to deal with the failure of leading financial firms. In the wake of the crisis, the Obama Administration proposed a set of reforms that were eventually embodied, in large part, in the Dodd-Frank …
A Functional Approach To Targeting And Detention, Monica Hakimi
A Functional Approach To Targeting And Detention, Monica Hakimi
Articles
The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …
Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay
Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay
Articles
Parents with severe mental illness are at greater risk than others of becoming involved in the child protection system, and their cases are more likely than others to result in termination of parental rights. Among women with severe mental illness, 26-75% lose custody to one or more of their children, rates far higher than for women without mental illness. Lawyers who represent mentally ill parents in child protection matters face a number of challenges, including maintaining a productive attorney-client relationship, advocating for appropriate services and reasonable accommodations for their clients’ disabilities, and refuting assumptions about their clients’ parenting abilities that …
Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay
Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay
Articles
In the child welfare context, courts, attorneys, and child protection agencies often turn to psychologists to evaluate parenting capacity. As evaluators in child protection cases, psychologists may be asked to evaluate different parties for different purposes, acting as agents of the court, the child protection agency, or directly retained by the parents or the lawyer guardian ad litem. In this article we focus specifically on psychological evaluations addressing issues pertaining to parenting capacity (in contrast to, for example, assessments that focus solely on child psychological well-being or developmental status). These types of assessments may help to inform dispositional decisions, including …
The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav
The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav
Articles
The United States has the second highest statutory corporate tax rate in the Organization for Economic Co-Operation and Development (OECD) (after Japan).1 This has not always been the case. After the Tax Reform Act of 1986 lowered the U.S. rate from 46% to 34%,2 the United States had one of the lowest statutory corporate tax rates in the OECD.3 In the past twenty-five years, however, the U.S. rate has remained essentially unchanged (it was raised to 35% in 1993),4 while most other OECD countries reduced their statutory rate so that the OECD average statutory corporate tax rate is 25.1%.
Tying And Consumer Harm, Daniel A. Crane
Tying And Consumer Harm, Daniel A. Crane
Articles
Brantley raises important issues of law, economics, and policy about tying arrangements. Under current legal principles, Brantley was on solid ground in distinguishing between anticompetitive ties and those that might harm consumer interests without impairing competition. As a matter of economics, the court was also right to reject the claim that the cable programmers forced consumers to pay for programs the customers didn’t want. The hardest question is a policy one - whether antitrust law should ever condemn the exploitation of market power in ways that extract surplus from consumers but do not create or enlarge market power. I shall …
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Articles
Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …
When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr
When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr
Articles
This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck
What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck
Articles
Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal …
Religious Shunning And The Beam In The Lawyer's Eye, Edward R. Becker
Religious Shunning And The Beam In The Lawyer's Eye, Edward R. Becker
Articles
Some LRW professors design assignments so that students begin learning fundamental legal skills in the context of issues of particular interest to the professor-–what Sue Liemer calls “teaching the law you love.” Recent articles have explained how this might work when applied to such varying matters as multiculturalism or transactional practice. But exposing LRW students to diversity of religious belief does not appear to have found as much traction, at least in the literature. This essay describes one attempt to design a problem that grounds students in just such a larger firmament, while not distracting students (or the professor) from …
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg
Articles
In 1980, the Supreme Court gave a reassuring signal to the then-nascent biotechnology industry about the availability of patent protection for the fruits of its research when it upheld the patentability of a genetically modified living organism in Diamond v. Chakrabarty. Twenty-five years later, the Court seemed poised to reexamine the limits of patentable subject matter for advances in the life sciences when it granted certiorari in Laboratory Corporation v. Metabolite. But the Federal Circuit had not addressed the patentable subject matter issue in Laboratory Corporation, and the Court ultimately dismissed the certiorari p etition as improvidently granted. Five years …
Venture Capital In Ireland In Comparative Perspective, Frank Barry, Clare O'Mahony, Beata Sax
Venture Capital In Ireland In Comparative Perspective, Frank Barry, Clare O'Mahony, Beata Sax
Articles
This paper assembles the most comprehensive set of data available to offer a comparative perspective on venture capital in Ireland. The paper charts the emergence of the sector and the co-evolution of the demand and supply sides of the market. On the demand side, a flow of investment opportunities emerged – particularly from the indigenous software sector – for which venture capital represented an appropriate financing vehicle. Concurrently, on the supply side, publicly provided funding and other elements of public policy dramatically enhanced its availability. State support to the demand-side has been a multiple of state support to the supply …
Idiosyncratic Distances: Impact Of Mobile Technology Practices On Role Segmentation And Integration, Nicolas Battard, Vincent Mangematin
Idiosyncratic Distances: Impact Of Mobile Technology Practices On Role Segmentation And Integration, Nicolas Battard, Vincent Mangematin
Articles
Mobile technologies have brought convenience, flexibility and connectedness in our lives by enabling us to be reachable anywhere and anytime. All of our environments such as work and home converge through a single device and we can now receive private calls at work and professional calls during the weekend. Mobile technologies have transformed geographical distances and allow unplanned interruptions. While boundary theory suggests that individuals create, maintain and modify their boundaries in order to classify and simplify their environments, we focus here on how people use their devices and manage the boundaries that have been erased by mobile technologies. Based …
How Irish Political Parties Are Using Social Networking Sites To Reach Generation Z: An Insight Into A New Online Social Network In A Small Democracy, Kevin Lynch, John Hogan
How Irish Political Parties Are Using Social Networking Sites To Reach Generation Z: An Insight Into A New Online Social Network In A Small Democracy, Kevin Lynch, John Hogan
Articles
No abstract provided.
Wristop: Market Selection For Medical Technologies, Pasi Malinen, Thomas M. Cooney
Wristop: Market Selection For Medical Technologies, Pasi Malinen, Thomas M. Cooney
Articles
No abstract provided.
“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock
“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock
Articles
No abstract provided.