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2013

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Articles 1 - 10 of 10

Full-Text Articles in Law

“ Cessation Of Life Is Inevitable “ Prolonging At What Cost ? Living Will ", Anil Jain Dr Anil Jain Sep 2013

“ Cessation Of Life Is Inevitable “ Prolonging At What Cost ? Living Will ", Anil Jain Dr Anil Jain

ANIL JAIN DR ANIL JAIN

ABSTRACT Introduction “ CESSATION OF LIFE IS INEVITABLE “ ........... PROLONGING AT WHAT COST ? " LIVING WILL " Many thousands of patients are kept alive in comatose and permanently vegetative states. Have we ever considered the sufferings and pain of the patient who is not able to speak and the cost burden to their families & government . Nearly 80% of all deaths are unnecessarily prolonged, painful, expensive, and emotionally burdensome to both patients and their families . In underdeveloped countries where health care is not a part of Government system, patients and their families pay from their pocket …


Welcome To The Amazon: Leading Online Retail From Local Tax Avoidance Into Your Backyard, Sherry Tehrani Aug 2013

Welcome To The Amazon: Leading Online Retail From Local Tax Avoidance Into Your Backyard, Sherry Tehrani

Sherry Tehrani

Online sales in the United States have increased by over 250 percent in the last ten years, reaching over 250 billion dollars in 2012.[1] Spearheaded by Amazon.com, Inc. (“Amazon”), online retailers have fed off their competitive advantage of avoiding local sales tax, and have grown to capture roughly 7 percent of the retail market.[2] The juxtaposition of this upsurge of untaxed online sales and our nationwide recession has prompted state governments with crushing deficits to take on the tax loophole.

Local governments across the U.S. have passed legislation to enforce online sales tax collection, referred to as “Amazon …


Anglo-American Comparison Of Employers Liability For Discrimination In Employment Based On Weightism, Sam Middlemiss Aug 2013

Anglo-American Comparison Of Employers Liability For Discrimination In Employment Based On Weightism, Sam Middlemiss

Sam Middlemiss

Discrimination that is motivated by someone’s size or weight is known as weightism, fattism, and obesity or weight-based discrimination. The term weightism is most commonly used in the United States [1]and in this writer’s view is the best term to describe this form of discrimination. This article will involve analysis and comparison of the research into weightism and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of people who have weight issues especially, people who are extremely large or obese or very thin. …


No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri Jun 2013

No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri

Rouzhna Nayeri

No abstract provided.


The Forgotten Father, What Happened To Equal Rights?, Gabriel Neff Apr 2013

The Forgotten Father, What Happened To Equal Rights?, Gabriel Neff

Gabriel Neff

Introduction

Footnote 67 written in 1971 of Roe. v Wade states: the provisions of the father's rights in the constitutionality of the paternal rights in an abortion need not be decided, the time has come in 2013, in which the constitutionality of a fathers rights in an abortion must be considered.

Paternal rights of a father are something that most people don’t even consider. How this has come to be, is what my article will look to achieve. With the 14th amendment protecting the privacy of woman regarding the decision of an abortion, it will be difficult to gain any …


Battering The Poor: How Georgia’S Mandatory Family Violence Classes Deny Indigent Defendants Equal Protection Of The Law, Whitney Scherck Apr 2013

Battering The Poor: How Georgia’S Mandatory Family Violence Classes Deny Indigent Defendants Equal Protection Of The Law, Whitney Scherck

Whitney Scherck

Thirty years ago, the U.S. Supreme Court in Bearden v. Georgia held that the Equal Protection Clause of the Fourteenth Amendment prevents a court from incarcerating an individual for failure to pay a fine unless it first inquires into their reasons for failing to do so and determines that the defendant willfully failed to make bona fide efforts to pay. However, recently, a new kind of legal debt has emerged. As states’ budgets tighten, so-called user fees are becoming an increasingly common way for legislatures to toughen the criminal justice system without having to come up with funding for it. …


The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul Mar 2013

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …


Kill-Lists And Accountability, Gregory S. Mcneal Mar 2013

Kill-Lists And Accountability, Gregory S. Mcneal

Gregory S. McNeal

This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The article makes two major contributions: 1) it provides the first qualitative empirical accounting of the targeted killing process, beginning with the creation of kill-lists extending through the execution of targeted strikes; 2) it provides a robust analytical framework for assessing the accountability mechanisms associated with those processes. …


Defining American: The Dream Act, Immigration Reform, And Citizenship, Elizabeth Keyes Feb 2013

Defining American: The Dream Act, Immigration Reform, And Citizenship, Elizabeth Keyes

Elizabeth Keyes

The DREAM Act and the grassroots movement propelling the legislation forward reveal how the definition of citizenship is undergoing a dramatic transformation, in ways both inspiring and troubling. The DREAM movement depends upon the compelling but exceptional stories of passionate, high-achieving, law-abiding youth who already define themselves as being American, and worthy of legal status. Situating this narrative in the rich literature of citizenship, the article shows how the DREAM movement effectively exposes the disjuncture between the DREAMers' identity as Americans and their lack of legal immigration status. The article celebrates how this narrative succeeds as a contrast to the …


Why No One Wants Immigration Reform, Donald S. Dobkin Jan 2013

Why No One Wants Immigration Reform, Donald S. Dobkin

Donald S. Dobkin

No abstract provided.