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Full-Text Articles in Law

Gsp Duty Benefits: Trade Tango With America Begins For India, Srividhya Ragavan Mar 2019

Gsp Duty Benefits: Trade Tango With America Begins For India, Srividhya Ragavan

Srividhya Ragavan

When President Donald Trump declared "America First", it set off a chain reaction in the rest of the globe. While America cheered, the rest of world jeered wondering, "if America is first, where do I put my country?" In the most basic sense, the trade terminology of "America First" implies that other trading partners will reduce trade barriers to facilitate the import of American products such that American industries will benefit. There are two issues involved in this.

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Fragmented Oversight Of Nonprofits In The United States: Does It Work? Can It Work?, Lloyd Hitoshi Mayer Dec 2015

Fragmented Oversight Of Nonprofits In The United States: Does It Work? Can It Work?, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The United States is well known for its distinctive although not unique division of political authority between the federal government and the various states. This division is particularly evident when it comes to oversight of nonprofit organizations. The historical focus of federal government oversight has been limited primarily to qualification for tax exemption and other tax benefits, with more plenary power resting with state authorities. Over time, however, the federal government’s role has come to overlap significantly with that of the states, and many nonprofits have become subject to regulation by multiple states as their operations and donor bases expand …

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Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger Oct 2014

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.

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Tracing A Meaningful Right To Vote., Manmeet Singh Rai Mr. Mar 2011

Tracing A Meaningful Right To Vote., Manmeet Singh Rai Mr.

Manmeet Singh Rai Mr.

Right to vote is sine qua non to a democratic society. The Indian judiciary time and again has emphasized the importance of free and fair elections. The legislature enacted and amended many laws to safeguard, and ensure that the process of elections is free and fair. In this turmoil of safeguarding the most essential and sacred process in a democracy the basic question of whether the citizens have a ‘right to vote’? was never answered. When this question was posed for the first time before the apex court, a mammoth task of interpretation of the constitution, and various legislative texts …

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Social Semiotics In The Fair Use Analysis, H. Brian Holland Oct 2010

Social Semiotics In The Fair Use Analysis, H. Brian Holland

H. Brian Holland

Social Semiotics in the Fair Use Analysis
34,314 words
3,809 footnotes (Bluebook formatted)
This article presents an alternate theory of fair use, employing social semiotics as a process theory of meaning-making to frame the transformativeness inquiry. It is an argument for an expansion of fair use based not on theories of authorship or rights of autonomy, but rather a theory of the audience linked to social practice. The article asks, in essence, whether audiences determine the meaning, purpose, function, or social benefit of an allegedly infringing work, often regardless of what the work’s creator did or intended. If so, does …

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Using The Forfeiture Laws To Protect Archaeological Resources, Stefan D. Cassella Dec 2006

Using The Forfeiture Laws To Protect Archaeological Resources, Stefan D. Cassella

Stefan D Cassella

The article summarizes asset forfeiture law for the non-expert and describes how the law may be applied to recover archaeogical resources and other property obtained or used in violation of ARPA.

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Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella Aug 2004

Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella

Stefan D Cassella

The article surveys the developments in the case law regarding criminal forfeiture procedure in 2003-04.

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The Development Of Asset Forfeiture Law In The United States, Stefan D. Cassella Dec 2002

The Development Of Asset Forfeiture Law In The United States, Stefan D. Cassella

Stefan D Cassella

This chapter, written for a foreign audience unfamiliar with U.S. constitutional law, traces the history of the development of asset forfeiture law in the United States from the 18th Century to present, with focus on the constitutional issues that had to be resolved by the U.S. Supreme Court. A similar study appears as Chapter 2 of the author's treatise Asset Forfeiture Law in the United States.

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