Law Commons^™

The Israeli Welfare State, Jon Foster

Jon Foster

An analysis of the modern welfare state that exists within Israel. Identifying where the Israeli model falls in relation to the European and American model; differences, similarities, and unique aspects of the Israeli system in comparative perspective.

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

Labor Unions And Climate Change, Jon Foster

Jon Foster

The challenge of climate change and the need for a shift to more ecologically sustainable methods of production and innovation can dramatically redefine the strategy and objectives of the labor movement as a whole. Furthermore, within the specific sectors of: Agriculture, Construction, Utilities, and Automobiles, the reality of a changing environment, and social views, has already begun redefining what the future of these industries will mean in relation to labor unions.

Tradizioni Di Giustizia E Stato Di Diritto Vol. I Religioni, Giurisdizione, Pluralismo, Giancarlo Anello

giancarlo anello

Cultural diversity requires new forms of legal equality and traditions of justice are the main keys of understanding the demands of recognition that rise from the cultural communities in Europe. In the opening section, the book deals with the issue of epistemic links between law, religion and cultures. The following two parts develop a rigorous analysis of the religious traditions of justice by an interdisciplinary approach to comparative law and anthropology, reconstructing the matrix of meaning, the distinctive processes and the legal projections, in historical contexts characterized by the encounter (or the clash) of religious communities within their own cultural …

“Health Laws Of Every Description”: John Marshall’S Ruling On A Federal Health Care Law, David B. Kopel, Robert G. Natelson

David B Kopel

If John Marshall, the greatest of Chief Justices, were to hear a challenge to the constitutionality of the Patient Protection and Affordable Care Act of 2010, how would he rule? Would the nationalist justice who, according to the New Deal Supreme Court, “described the Federal commerce power with a breadth never yet exceeded,” agree that federal control of health care was within that power?

In the fictional opinion below, Marshall rules on the constitutionality of a bill similar to the Patient Protection and Affordable Care Act.

We constructed this opinion chiefly from direct quotation and paraphrases of Marshall’s own words, …

“The World Must Know What Happened, And Never Forget,” Dwight David Eisenhower, Control Of Masturbation, Missiles, Weapons, And The Holocaust-How Control Of Difference In One Region Can Affect The Whole World, James T. Struck

James T Struck

The world must know what happened here and never forget was Eisenhower's gift to us on seeing the Nazi death camps. Such a policy of telling the world about something can be wonderful to let us understand the world better and horrible in bringing more parties into an action without need. Still, National Socialists stated that they imitated US disability and prison experimentation in Illinois. Telling the whole world about the Holocaust includes telling the whole world about US disability discrimination. Control of masturbation led to sterilization policies throughout the US and expanded into control of difference within National Socialist …

Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Demetri Olcott

Dr. Marianina Olcott and Erin Guldiken

The current study concerns concepts of intellectual property in the Roman tradition first century BCE through forth century CE. It complements a previous study published in the Journal of the Copyright Society of the USA (Summer 2002, vol.49, No.4) which dealt with ancient Athenian concepts of intellectual property. The current study as in the earlier study of the Athenian tradition shows that ancient concepts of intellectual property are remarkably similar to modern concepts, as embodied in American case law (Title 17) and guidelines on plagiarism formulated by the modern academic establishment. Our plan of investigation is as follows: First we …

The 1937 International Sugar Agreement: Neo-Colonial Cuba And Economic Aspects Of The League Of Nations, Michael Fakhri

Michael Fakhri

To many in the West, the League of Nations was to establish political peace between nations. To the Cuban sugar-producing elite of the 1920s and 1930s, however, the League was an important socioeconomic institution used to augment many of Cuba’s first modern state institutions. This article explores how and why Cuban delegates were the principals behind the 1937 International Sugar Agreement – one of the League’s few operational economic treaties. This treaty sheds light onto how actors from the so-called industrial core and agricultural periphery used international law, institutions, and practice to negotiate and renegotiate their relationship with each other.

A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral

Ignacio de la Rasilla del Moral, Ph.D.

Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …

Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson

David B Kopel

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate. The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must …