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Articles 12451 - 12480 of 20102
Full-Text Articles in Entire DC Network
Islamic Law In The Jurisprudence Of The International Court Of Justice: An Analysis, Clark B. Lombardi
Islamic Law In The Jurisprudence Of The International Court Of Justice: An Analysis, Clark B. Lombardi
Articles
This Article asks whether ICJ opinions to date suggest that judicial consideration of Islamic legal norms has played, can play, or should play a role in the ICJ's resolution of international legal disputes or in establishing the legitimacy of the results that it has reached. It is structured as follows. Part II gives an initial overview of the ICJ to help us understand how and why judges on the ICJ have reached the answers they have. Part III describes how the ICJ's enabling statute permits the Court, at least in theory, to look at Islamic legal norms. As I will …
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Articles
No abstract provided.
Private Standards, Public Governance: A New Look At The Financial Accounting Standards Board, William Wilson Bratton
Private Standards, Public Governance: A New Look At The Financial Accounting Standards Board, William Wilson Bratton
Articles
The Financial Accounting Standards Board (the "FASB") presents a puzzle: How has this private standard setter managed simultaneously (1) to remain independent, (2) to achieve institutional stability and legitimacy, and (3) to operate in a politicized context in the teeth of opposition from its own constituents? This Article looks to governance design to account for this institutional success. The FASB's founders made a strategic choice to create a regulatory agency that sought independence rather than political responsiveness. The FASB also set out a coherent theory of accounting, the "Conceptual Framework," to contain and direct its decisions. The Conceptual Framework contributed …
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
Articles
No abstract provided.
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
Articles
No abstract provided.
American Moral Rights And Fixing The Dastar Gap, Justin Hughes
American Moral Rights And Fixing The Dastar Gap, Justin Hughes
Articles
When the United States acceded to the Berne Convention in 1988, Congress concluded that a compendium of causes of action under American law, including Lanham Act claims, provided the moral rights protections mandated by Berne Article 6bis. This claim of patchwork protection of moral rights has always been widely criticized, but became more dubious in the wake of the Supreme Court's 2003 decision in Dastar v. Twentieth Century Fox. In Dastar, the Court held that vis-a-vis works in the public domain there is no Lanham section 43(a) obligation to credit the original creator or copyright owner as the origin of …
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Articles
No abstract provided.
Innocence, Race, And The Death Penalty, Barry Scheck
Innocence, Race, And The Death Penalty, Barry Scheck
Articles
The article argues that the death penalty in the United States is deeply flawed due to systemic issues such as wrongful convictions, racial disparities, and procedural failures. It emphasizes the critical role of DNA exonerations in revealing these injustices and advocates for reforms to address the root causes of wrongful convictions, including inadequate legal representation and flawed forensic science. The article also highlights the moral and financial costs of capital punishment, urging its abolition.
Hegel And The Becoming Of Essence, David G. Carlson
The New Casuistry, Peter Goodrich
On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher Buccafusco
On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher Buccafusco
Articles
The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …
The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir
The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir
Articles
In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …
An Anthology Of Enterprise Policy In Ireland, William Gorman, Thomas Cooney
An Anthology Of Enterprise Policy In Ireland, William Gorman, Thomas Cooney
Articles
Ruane and Gorg (1996: 37) remarked that 'any careful comparison of the Irish economy with other economies in the European Union immediately focuses on two key features of Ireland's pattern of industrial development: the enormous significance of foreign direct investment (FDI) and the very high export ratios in the Irish manufacturing sector among foreign-owned companies. These two features have not developed by accident, but are directly related to the industrial strategy which Ireland has pursued over the past forty years, namely, of promoting export-led growth in Irish manufacturing through various incentives and of encouraging foreign companies to establish manufacturing plants …
The Return Of Seditious Libel, Ronald J. Krotoszynski Jr., Clint A. Carpenter
The Return Of Seditious Libel, Ronald J. Krotoszynski Jr., Clint A. Carpenter
Articles
No abstract provided.
Why Do We Ask The Same Questions - The Triple Helix Dilemma Revisited Symposium: Legal Information And The Development Of American Law: Further Thinking About The Thoughts Of Robert C. Berring, Richard Delgado, Jean Stefancic
Why Do We Ask The Same Questions - The Triple Helix Dilemma Revisited Symposium: Legal Information And The Development Of American Law: Further Thinking About The Thoughts Of Robert C. Berring, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Three Facts Of Deference, Paul Horwitz
Non-Proliferation Law And The United Nations System: Resolution 1540 And The Limits Of The Power Of The Security Council Current Legal Developments, Daniel H. Joyner
Non-Proliferation Law And The United Nations System: Resolution 1540 And The Limits Of The Power Of The Security Council Current Legal Developments, Daniel H. Joyner
Articles
No abstract provided.
"Less" Is "More"? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
"Less" Is "More"? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
Articles
Federal appellate judges have recently grappled with an interpretive puzzle that opens a new frontier in the long-running judicial and scholarly debate about statutory interpretation. The landmark but controversial Class Action Fairness Act of 2005 ("CAFA") authorizes immediate appeals from certain jurisdictional decisions by district courts, provided that litigants appeal "not less than 7 days after entry of the order." Although the goal of this provision was to set a seven-day deadline for CAFA appeals, the statutory text does precisely the opposite - it imposes a seven-day waiting period and sets no outer deadline. Federal appellate judges have disagreed sharply …
Reinventing Appellate Jurisdiction, Adam N. Steinman
Reinventing Appellate Jurisdiction, Adam N. Steinman
Articles
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …
Addendum To An Argument For Tax Reform Based On Judeo-Christian Ethics Addendum, Susan Pace Hamill
Addendum To An Argument For Tax Reform Based On Judeo-Christian Ethics Addendum, Susan Pace Hamill
Articles
No abstract provided.
Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, Mirit Eyal-Cohen
Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, Mirit Eyal-Cohen
Articles
Justice Roger J Traynor is best known for his judicial innovations in the fields of conflict of laws product liability and civil procedure However few would trace Traynors roots to the field of tax law In the late 1930s Traynor collaborated with Stanley S Surrey our nations foremost authorities on federal tax law and together they called for a substantial transformation of existing mechanisms for settling tax disputes At that crucial time in history high marginal tax rates intensified the friction between taxpayers and the government boosted litigation and multiplied the number of tax controversies Traynor and Surrey developed the …
The Lawyer Speaks Of Rivers For Rfk, Jr. Poem, Jean Stefancic
The Lawyer Speaks Of Rivers For Rfk, Jr. Poem, Jean Stefancic
Articles
No abstract provided.
Motivating Enforcement: Institutional Culture And The Clean Water Act Fourth Iucn Academy Of Environmental Law Worldwide Colloquium: Implementing Environmental Legislation: The Critical Role Of Enforcement And Compliance, William L. Andreen
Articles
No abstract provided.
Ennobling Direct Democracy, Sherman J. Clark
Ennobling Direct Democracy, Sherman J. Clark
Articles
In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …
On The Relation Between Form And Substance In Law, Philip E. Soper
On The Relation Between Form And Substance In Law, Philip E. Soper
Articles
In this paper the author deals with some theoretical aspects of Robert Summers’ last book (Summers 2006). In particular, he concentrates on the hazy relationship between form and substance in Summers’ theory. In order to analyze some major difficulties entailed in the thesis that form and substance are different and independent things, the author discusses three specific questions: (1) the difference between form and substance; (2) the possibility of a form meant to be value-neutral; (3) how to distinguish a form-centered approach from a formalistic approach when one has to interpret a statute. This last question is dealt with through …
The Mystery Of The Individual In Modern Law, Jospeh Vining
The Mystery Of The Individual In Modern Law, Jospeh Vining
Articles
To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …
Legal Commitments And Religious Commitments, Jospeh Vining
Legal Commitments And Religious Commitments, Jospeh Vining
Articles
In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.
Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard
Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard
Articles
During the Louisiana Constitutional Convention of 1867-1868, the young Edouard Tinchant proposed measures to protect the civil rights of women. He suggested that the State adopt legal measures to allow all women, regardless of race or color, to more easily bring complaints in the event of a breach of a marriage promise. He also proposed additional measures to prevent women from being forced into “concubinage” against their will. While that constitutional Convention was open to men of color and guaranteed a number of the rights for which Tinchant and his friends were fighting, the assembly did not adopt his propositions …