Law Commons^™

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …

Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory C. Keating

Gregory C. Keating

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons

Daniel Lyons

No abstract provided.

Entre La Restricción Y La Libertad: Sobre La Posible Pérdida De Legitimidad Del Juez Constitucional, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

There are different points of view from which legal reasoning can be examined. Some argue that there is a correct theory of legal reasoning and therefore, they analyze particular cases in order to determine if a particular argument drawn by a judge or a court is coherent with a proposed theory. One of the main assets of Critical Legal Studies (CLS) is to think about law as a practice in which there is no need to establish a particular theory to grasp reality. In the area of legal reasoning, Duncan Kennedy has tried to show us how the main concern …

Adapt Or Optimize? The Psychology And Economics Of Rules Of Evidence, Robert D. Cooter

Robert Cooter

In civil disputes, the plaintiff must prove his case by the preponderance of the evidence. To reach this standard, the plaintiff accumulates evidence by combining facts. I compare two models of this process. Decision makers can adapt their behavior for improved results, as assumed in some psychological models. Adaptive models predict that court practice will allow the plaintiff to combine facts according to relatively simple rules. Alternatively, decision makers can optimize their behavior for best results, as assumed in most economic models. Optimization models predict that court practice will require the plaintiff to combine facts in ways that conform to …

The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton

KATHERINE CULLITON-GONZÁLEZ

No abstract provided.

The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn

Jamison E. Colburn

In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon

Thomas D. Lyon

Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer

Matthew Rimmer

From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne

Péter Cserne

No abstract provided.

Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne

Péter Cserne

No abstract provided.

El Interés En Las Acciones Y Recursos, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Ugo Mattei

No abstract provided.

The Trials And Tribulations Of Internet Research, Lee F. Peoples

Lee Peoples

No abstract provided.

Judge Judges On How They Use Their Power, Alan E. Garfield

Alan E Garfield

No abstract provided.

Adhering To The Old Line: Uncovering The History And Political Function Of The Unrelated Business Income Tax, Ethan Stone

Ethan G. Stone

The paper examines the history of the building pressure during the 1940s the pass the UBIT and finds that the traditional explanations hide an underlying political function. As the charitable exemption became more important with the expansion of the income tax in the 1940s, it attracted new attention from both policymakers and a growing tax-shelter industry. Charities and sympathetic policymakers tried to justify a suddenly important blanket subsidy to charity on the basis of the charities exclusive dedication to good works. Tax-shelter promoters made the effort more difficult by featuring charities in roles, such as buying and leasing commercial real …

Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff

Alexandra Natapoff

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.

Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu

Chiehwen Ed Hsu

No abstract provided.

8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

Understanding The Solution For Microsoft, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?

In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …

Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour

Dean M. Hashimoto

Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.

Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …

Getting U.S. Security Holders To The Party: The Sec's Cross-Border Release Five Years On, Steven Davidoff, Brett Carron

Steven Davidoff Solomon

On October 22, 1999, the SEC in the Cross-Border Adopting Release adopted new rules relating to cross-border tender and exchange offers, business combinations, and rights offerings. These rules were enacted as part of an ambitious program by the SEC staff to shepherd the U.S. federal securities laws into the international age by facilitating the inclusion in cross-border takeovers of previously excluded U.S. holders. Five years on, the full impact of the Cross-Border Rules on the international market remains uncertain and rules that were expressly intended to facilitate the inclusion of U.S. security holders in cross-border takeovers have, in many instances, …

After The Tsunami: Human Rights Vulnerabilities Of Vulnerable Populations, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein

Eric Stover

1. to assess the nature and extent of pre-existing human rights problems and their impact on vulnerable groups prior to the tsunami;
2. to investigate violations of human rights in the post-tsunami period;
3. to examine the response of governments and …

Children In Adoptive Families: Overview And Update, Ruth-Arlene W. Howe J.D., Steven L. Nickman M.D., Alan A. Rosenfeld M.D., Paul Fine M.D., James C. Macintyre M.D., Daniel J. Pilowsky M.D., Andre Derdeyn M.D., Mayu Bonoan Gonzales M.D., Sally A. Sveda M.D.

Ruth-Arlene W. Howe

Objective To summarize the past 10 years of published research concerning the 2% of American children younger than 18 years old who are adoptees. Method Review recent literature on developmental influences, placement outcome, psychopathology, and treatment. Results Adoption carries developmental opportunities and risks. Many adoptees have remarkably good outcomes, but some subgroups have difficulties. Traditional infant, international, and transracial adoptions may complicate adoptees' identity formation. Those placed after infancy may have developmental delays, attachment disturbances, and posttraumatic stress disorder. Useful interventions include preventive counseling to foster attachment, postadoption supports, focused groups for parents and adoptees, and psychotherapy. Conclusions Variables specific …

Matching Probabilities: The Behavioral Law And Economics Of Repeated, Ehud Guttel, Alon Harel

Ehud Guttel

Individuals often repeatedly face a choice of whether to obey a particular legal rule. Conventional legal scholarship assumes that whether such a choice is made repeatedly or is a one-time event has no effect on individuals' decisions. In either case, individuals are expected to maximize their payoffs. Experimental studies, however, suggest that individuals facing a recurring choice, in contrast to individuals making the choice only once, do not behave as maximizers. Instead, individuals facing the choice repeatedly apply the strategy of "probability matching." For example, individuals failed to maximize when presented with a die with four red faces and two …

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine

Jonathan C. Augustine

Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …