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2005

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Articles 18601 - 18610 of 18610

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The Right Of States To Repatriate Former Refugees, James C. Hathaway Jan 2005

The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …

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Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow Jan 2005

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Articles

The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

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Confrontation After Crawford, Richard D. Friedman Jan 2005

Confrontation After Crawford, Richard D. Friedman

Articles

The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …

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Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar Jan 2005

Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar

Articles

Before becoming governor of California, Earl Warren spent 22 years in law enforcement: five as a deputy district attorney (1920- 25); thirteen as head of the Alameda County district attorney's office (1925-38); and four as state attorney general (1939-42). My thesis is that Warren's many years in law enforcement significantly affected his work as Chief Justice of the United States.

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Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie Jan 2005

Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie

Book Chapters

This chapter provides an overview of federal and uniform statutes that impact the practice of child welfare law.

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Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck Jan 2005

Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck

Articles

Damage caps and other limitations on damages have become increasingly important in American tort law during the past thirty years. This trend shows no signs of abating; in fact, it has gained increasing momentum since President Bush took office in 2001. This chapter traces the evolution of damage caps and other limitations on damages and provides a summary of recent developments in this area.

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Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson Jan 2005

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson

Articles

Mr. Chairman, colleagues, and friends: It is a great honor for me to be able to address this group of experts and legislators, and many colleagues and friends, on a topic I care deeply about-the regulation of so-called public companies, both outside of China and, since the early 1990s, inside of China. First, and with many of the others invited to participate in this conference today and tomorrow, I thank the Office of Legislative Affairs ("OLA") of the State Council of the People's Republic of China ("PRC") as well as the China Securities Regulatory Commission ("CSRC") for convening this very …

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Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness Jan 2005

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

Articles

No abstract provided.

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Two Liberals On Religion: Constant And Tocqueville Compared, Helena Rosenblatt Jan 2005

Two Liberals On Religion: Constant And Tocqueville Compared, Helena Rosenblatt

Publications and Research

As founding fathers of modern liberalism, Benjamin Constant and Alexis de Tocqueville shared a common sensibility as well as a number of key concerns. Of central importance to both men was the need to protect individual rights and freedoms against what they saw as an encroaching social power. Having learned the lessons of the French Revolution, they knew that power, whether concentrated in the hands of one man, or executed in the name of the "people", was a dangerous thing. Thus they worked throughout their lives to establish and defend a representative system with constitutional guarantees that would protect fundamental …

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Masochism: A Queer Subjectivity?, Amber Musser Jan 2005

Masochism: A Queer Subjectivity?, Amber Musser

Publications and Research

Judith Butler's Gender Trouble elaborates what may be called a queer subjectivity. Characterized by non-essential, performative identity, her theory has been criticized because, according to its critics, it does not give the subject political agency. Liberal theorists, such as Seyla Benhabib, have been particularly concerned with the political effects of this form of subjectivity on already marginalized social groups while other theorists, such as Susan Stryker and Ed Cohen, have articulated concern that the theory does not sufficiently account for embodiment, affect, and identity. This essay brings Deleuze's theory of masochism in dialogue with Butler's theories of subjectivity in an …

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