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Articles 1 - 18 of 18

Full-Text Articles in Law

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii Jun 2011

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four years of …


"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler Jun 2011

"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …


Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt Jun 2011

Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt

Legislation and Policy Brief

Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …


Credit Default Swaps And Clearing, Nazanin Baseri Jan 2011

Credit Default Swaps And Clearing, Nazanin Baseri

Legislation and Policy Brief

In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

Arbitration Brief

No abstract provided.


2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz Jan 2011

2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz

Arbitration Brief

No abstract provided.


Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales Jan 2011

Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales

Arbitration Brief

No abstract provided.


Careers In International Commercial Arbitration, Safina Lakhani Jan 2011

Careers In International Commercial Arbitration, Safina Lakhani

Arbitration Brief

No abstract provided.


The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas Jan 2011

The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas

Arbitration Brief

No abstract provided.


Implementation Of The New York Convention In China, Xiaohong Xia Jan 2011

Implementation Of The New York Convention In China, Xiaohong Xia

Arbitration Brief

No abstract provided.


Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez Jan 2011

Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez

Arbitration Brief

No abstract provided.


An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David Jan 2011

An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David

Arbitration Brief

No abstract provided.


Amendments To The Mexican Arbitration Statute, Francisco González De Cossío Jan 2011

Amendments To The Mexican Arbitration Statute, Francisco González De Cossío

Arbitration Brief

No abstract provided.


Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk Jan 2011

Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk

Arbitration Brief

No abstract provided.


Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel Jan 2011

Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel

Arbitration Brief

No abstract provided.


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

Arbitration Brief

No abstract provided.


Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer Jan 2011

Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer

Arbitration Brief

No abstract provided.


Securitization And Suburbia, Heather Hughes Jan 2011

Securitization And Suburbia, Heather Hughes

Articles in Law Reviews & Other Academic Journals

This Article explores the relationship between one typical form of real estate development finance-the securitized mezzanine loanand one controversial phenomenon-suburban sprawl. It asks foundational questions about the connection between financial transactions and real-world applications of the capital they raise. In this work, sprawl serves as an example of an environmental consequence of applications of capital raised with a common form of transaction. This Article considers the extent to which commercial finance laws release forceful incentives driven by capital markets upon land use decisions, potentially undermining the collective, morally informed determination such decisions require. It rejects the aesthetic aversion to looking …