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Full-Text Articles in Law

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer Nov 2008

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer

Jane E Cross

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided …


The Nova Southeastern Lawyer, Fall 2008, Volume 12, Number 10, Nova Southeastern University - Shepard Broad Law Center Oct 2008

The Nova Southeastern Lawyer, Fall 2008, Volume 12, Number 10, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Nova Law Review-Volume 33-2008-2009, Michael T. Fraser, Jeremy Dicker, Sanaz Alempour, Laurence Krutchik Oct 2008

Nova Law Review-Volume 33-2008-2009, Michael T. Fraser, Jeremy Dicker, Sanaz Alempour, Laurence Krutchik

Law Review Mastheads

No abstract provided.


Eurocentrism Versus Multiculturalism, Stephen R. Levitt, David L. Mcnaron Jul 2008

Eurocentrism Versus Multiculturalism, Stephen R. Levitt, David L. Mcnaron

Humanities and Politics Faculty Articles

No abstract provided.


Earn Your Certificate And/Or M.S. Education Law Degree Online 2008, Nova Southeastern University Jul 2008

Earn Your Certificate And/Or M.S. Education Law Degree Online 2008, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets Apr 2008

A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets

Faculty Scholarship

No abstract provided.


International Court Of Justice, The Republic Of Adova, The State Of Rotania Jan 2008

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.


Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman Jan 2008

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …


No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro Jan 2008

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.


Reintermediation, Jon M. Garon Jan 2008

Reintermediation, Jon M. Garon

Faculty Scholarship

Jon M. Garon, Reintermediation, 2 Int. J. of Private Law 227 (2009).

The digital revolution has interrupted traditional supply chains and wholesaler relationships with manufacturers and retailers, companies are developing new methodologies to create supplier loyalty critical to control of market share. This article documents the leading strategies being utilised by companies to reassert their relevance in the value proposition for their clients and the consequences of these new business models on intellectual property law, privacy rules and influences on judicial contract interpretation. In Philip Evans and Thomas Wurster's bestselling book, Blown to Bits (Harvard Business Press, 1999), the …


Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro Jan 2008

Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro

Faculty Scholarship

No abstract provided.


This Is The End… My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flynn Jan 2008

This Is The End… My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flynn

Faculty Scholarship

No abstract provided.


M.S. In Employment Law Degree Online, Nova Southeastern University Jan 2008

M.S. In Employment Law Degree Online, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp Jan 2008

The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp

ILSA Journal of International & Comparative Law

The U.S. Supreme Court issued its decision in Hall Street Associates, L.L.C. v. Mattel, Inc. on March 28, 2008


Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater Jan 2008

Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater

ILSA Journal of International & Comparative Law

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in anotherjurisdiction, including acts and omissions of foreign officials.


Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig Jan 2008

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.


Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar Jan 2008

Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar

ILSA Journal of International & Comparative Law

Moldova is the poorest country in Europe and it is enmeshed in a seemingly intractable separatist conflict involving ethnic tensions, Russian troops, Soviet-era arms stockpiles, smuggling, money-laundering, and corruption.


Strategy In International Litigation, John Fellas Jan 2008

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.


The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez Jan 2008

The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez

ILSA Journal of International & Comparative Law

This article briefly discusses the substantive protections of the Energy Charter Treaty (ECT) (Section I, infra), the ECT's dispute resolution provisions (Section II, infra), and the ECT arbitral jurisprudence to date, including composition of ECT tribunals (Section III, infra).


The Energy Charter Treaty's Investor Protection Provisions: Potential To Foster Solutions To Global Warming And Promote Sustainable Development, Edna Sussman Jan 2008

The Energy Charter Treaty's Investor Protection Provisions: Potential To Foster Solutions To Global Warming And Promote Sustainable Development, Edna Sussman

ILSA Journal of International & Comparative Law

It is with pleasure that I join my esteemed colleagues on the panel. With the importance of the reliability of energy supply in today's world and the impact of the energy sector on global warming and international security, a review of the only multilateral treaty that deals specifically and exclusively with energy is timely.


From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro Jan 2008

From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro

ILSA Journal of International & Comparative Law

The scholarship on conventional disarmament, especially vis-A-vis the trade in conventional weapons, is surprisingly scarce.


Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia Jan 2008

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

ILSA Journal of International & Comparative Law

The previous speaker, Jonathan Fried, masterfully outlined the International Monetary Fund (Fund or IMF)'s recent policy reform efforts, in particular its shift towards crisis prevention, as only an IMF Executive Director could.'


Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone Jan 2008

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.


Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer Jan 2008

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007


The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss Jan 2008

The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss

ILSA Journal of International & Comparative Law

The Shab'a Farms have been considered the linchpin in the Hizb' Allah rhetoric to destabilize the Israel-Lebanon-Syria relationship


Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern Jan 2008

Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern

ILSA Journal of International & Comparative Law

I propose to deal with a topic which is at the crossroads of what I see as the main tension in international law today. This is the tension-not to say more-between state sovereignty, on one side, and the protection of the human rights of individuals on the other.


The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals Jan 2008

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".


Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han Jan 2008

Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han

ILSA Journal of International & Comparative Law

The Global Positioning System (GPS) is a space-based positioning, navigation and timing (PNT) system originally developed by the Depart- ment of Defense of the United States government in early 1970s.1


The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan Jan 2008

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.


Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz Jan 2008

Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz

ILSA Journal of International & Comparative Law

On May 10, 2008, at our law school's graduation ceremony, Nova Southeastern University conferred an honorary Doctor of Laws degree on the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammad Chaudhary.