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2011

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Articles 91 - 120 of 6288

Full-Text Articles in Law

Pluralism And Property, Gregory S. Alexander Dec 2011

Pluralism And Property, Gregory S. Alexander

Fordham Law Review

No abstract provided.


Introduction, Sheila R. Foster, Daniel Bonilla Dec 2011

Introduction, Sheila R. Foster, Daniel Bonilla

Fordham Law Review

No abstract provided.


Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells Dec 2011

Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells

East Asia Law Review

This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …


Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali Dec 2011

Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali

East Asia Law Review

In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai Courts' financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, it provides insight into which institution is best positioned to handle financial-related cases, discusses prospects for coordination between the two, and sets …


Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White Dec 2011

Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White

Washington Journal of Environmental Law & Policy

This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …


Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke Dec 2011

Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke

Washington Journal of Environmental Law & Policy

Current Forest Service fire management policies restrict NEPA’s application to fire suppression actions and contribute to a lack of detailed information about the effectiveness and environmental impact of suppression efforts. Decisions by the U.S. District Court for the District of Montana in the Forest Service for Environmental Ethics v. U.S. Forest Service litigation suggest that NEPA review applies to commonly used fire suppression tactics and that the Forest Service should conduct this review before fires occur. Other recent federal district court decisions and congressional concern with current fire suppression efforts support the need for NEPA review in the fire suppression …


Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld Dec 2011

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld

Washington Journal of Environmental Law & Policy

The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …


Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman Dec 2011

Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman

Washington Journal of Environmental Law & Policy

When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain “livable environments.” When resource conflicts arise in “checkerboard” areas outside Indian reservations—where land ownership alternates between a tribe, state, the federal government and private, non-Indian landowners—disputes over regulatory jurisdiction and environmental protection intensify. Two recent Tenth Circuit opinions determining the next generation of uranium mining in the checkerboard area of the Navajo Nation, depart from the intent of environmental laws and fail to uphold federal agencies’ trust responsibilities to the Tribe. These cases illustrate the legal vulnerabilities tribal communities in checkerboard areas …


Volume 29 - Number 4: Table Of Contents Dec 2011

Volume 29 - Number 4: Table Of Contents

Penn State International Law Review

No abstract provided.


Secret's Out: The Ineffectiveness Of Current Trade Secret Law Structure And Protection For Global Health, Stephanie Zimmerman Dec 2011

Secret's Out: The Ineffectiveness Of Current Trade Secret Law Structure And Protection For Global Health, Stephanie Zimmerman

Penn State International Law Review

No abstract provided.


Concrete Control Of Constitutionality In Portugal: A Means Towards Effective Protection Of Fundamental Rights, Antonio Cortes, Teresa Violante Dec 2011

Concrete Control Of Constitutionality In Portugal: A Means Towards Effective Protection Of Fundamental Rights, Antonio Cortes, Teresa Violante

Penn State International Law Review

No abstract provided.


A Comparative Perspective On Direct Access To Constitutional And Supreme Courts In Africa, Asia, Europe And Latin America: Assessing Advantages For The Italian Constitutional Court, Gianluca Gentili Dec 2011

A Comparative Perspective On Direct Access To Constitutional And Supreme Courts In Africa, Asia, Europe And Latin America: Assessing Advantages For The Italian Constitutional Court, Gianluca Gentili

Penn State International Law Review

No abstract provided.


On The Mark? Big Tobacco Asserts Property Rights On Cigarette Packaging, Benjamin A. Hackman Dec 2011

On The Mark? Big Tobacco Asserts Property Rights On Cigarette Packaging, Benjamin A. Hackman

Penn State International Law Review

No abstract provided.


When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins Dec 2011

When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins

Federal Communications Law Journal

The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech


Masthead Vol.64 No.1 (2011) Dec 2011

Masthead Vol.64 No.1 (2011)

Federal Communications Law Journal

No abstract provided.


Editor's Note, Sarah L. Kellogg Dec 2011

Editor's Note, Sarah L. Kellogg

Federal Communications Law Journal

No abstract provided.


Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons Dec 2011

Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons

Federal Communications Law Journal

This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …


Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke Dec 2011

Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke

Federal Communications Law Journal

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …


Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach Dec 2011

Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach

Federal Communications Law Journal

Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …


Introduction To Researching Alaska Legislative History Materials, Susan Falk Dec 2011

Introduction To Researching Alaska Legislative History Materials, Susan Falk

Alaska Law Review

No abstract provided.


The Mediterranean Hybridity Project: Crossing The Boundaries Of Law And Culture, Seán Patrick Donlan Dec 2011

The Mediterranean Hybridity Project: Crossing The Boundaries Of Law And Culture, Seán Patrick Donlan

Journal of Civil Law Studies

No abstract provided.


The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice Dec 2011

The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice

Journal of Civil Law Studies

The ideas of centralized political power and monarchy that emerged from the Mediterranean world are among the most important philosophical bases for the concept of sovereignty. My thesis is that the normative idea of an absolute, independent, and exclusive center of power originates in a complex case of philosophical hybridity. It is the outcome of the alternation between the conception of the Sovereign as representing the supreme power (the indirect theory) and the conception of the Sovereign as directly containing that power (the direct theory). The former conception is usually associated with the history of Western political culture and the …


How Was Judicial Power Balanced In Malta In Early Modern Times? A Cursory Look At The Maltese Legal System Through A Historical Perspective, Simon Mercieca Dec 2011

How Was Judicial Power Balanced In Malta In Early Modern Times? A Cursory Look At The Maltese Legal System Through A Historical Perspective, Simon Mercieca

Journal of Civil Law Studies

No abstract provided.


Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz Dec 2011

Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz

Chicago-Kent Law Review

The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …


Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee Dec 2011

Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee

ACTEC Law Journal

No abstract provided.


Business Associations, Paul A. Quirós, Lynn S. Scott, Jane E. Ledlie Dec 2011

Business Associations, Paul A. Quirós, Lynn S. Scott, Jane E. Ledlie

Mercer Law Review

This Article surveys noteworthy cases in the area of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2010 and May 31, 2011, by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States District Courts located in Georgia. In addition, this Article provides an overview of important enactments during the 2011 session of the Georgia General Assembly to the Official Code of Georgia Annotated (O.C.G.A.) with respect to banking, finance, contracts, corporation, partnership, and business associations statutes


Criminal Law, Franklin J. Hogue, Laura D. Hogue Dec 2011

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

We have culled through the most important criminal cases of this reporting period' and selected those that resulted in changes to criminal case law that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.


Is There A Constitutional Right To Select The Genes Of One’S Offspring?, Andrew B. Coan Dec 2011

Is There A Constitutional Right To Select The Genes Of One’S Offspring?, Andrew B. Coan

UC Law Journal

The Supreme Court has long recognized a due process right to make deeply personal decisions such as whether to bear or beget a child. Might this right extend to selecting the genes of one’s offspring? Perhaps more important, should courts interpret it to do so? Thus far, discussion of these questions has focused almost exclusively on the normative goals that a constitutional commitment to procreative liberty should be taken to embrace. That is undoubtedly an important issue, but it cannot tell us whether courts are the institution best suited to carry any particular goal into effect. This is a basic …


Domestic Relations, Barry B. Mcgough, Elinor H. Hitt Dec 2011

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period' saw continued evolution of domestic relations law.2 Legislation passed during the 2010 and 2011 Regular Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.


Evidence, John E. Hall Jr., W. Scott Henwood Dec 2011

Evidence, John E. Hall Jr., W. Scott Henwood

Mercer Law Review

The biggest story in Georgia Evidence law this year is undoubtedly the Georgia General Assembly's decision to align Georgia's evidence code with the Federal Rules of Evidence. Proponents of House Bill 24 describe the former rules, many of which have been on the books for more than 150 years, as archaic and inconsistent. Paul S. Milich, professor of law at Georgia State University College of Law and the reporter for the State Bar of Georgia committee that proposed the new rules of evidence for Georgia, described the way the outdated rules impeded the modern practice of law in Georgia: "Our …