Law Commons^™

Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu

Subhajit Basu

LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.

Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

No abstract provided.

Filiación Y Reproducción Asistida, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

No abstract provided.

Hacia Un Enfoque De Derechos Fundamentales En El Derecho De Familia: Reflexiones Sobre La Regulación Del Los Alimentos A Propósito De Una Sentencia Del Tribunal Constitucional., Beatriz Ramirez

Beatriz Ramirez

Compliance Requirements For Chinese Automobile Market Players, Tao Liang

Tao LIANG

The Patient Protection And Affordable Care Act And Constitutional Challenges, Mel Cousins

Mel Cousins

Having undergone an extensive process of political discussion and debate, the Health Care Reform Act (properly the Patient Protection and Affordable Care Act) is now under intensive legal challenge with at least 20 different cases from both states and organizations and individuals currently under way. Although this litigation is at an early stage, there has already been considerable academic (and other) interest with a number of websites tracking the development of the litigation and providing links to the considerable commentary which has already been developed (albeit much of it inevitably speculative in nature). There have now been five substantive rulings …

The Defense Of Marriage Act (Doma), Equal Protection And State Authority – Gill V Office Of Personnel Management And Commonwealth Of Massachusetts V United States Dept Of Health And Human Services, Mel Cousins

Mel Cousins

The issue of the recognition of same-sex marriages and the constitutionality of a refusal to recognize such marriages has received considerable attention in the US state courts in the last decade. A number of state courts have ruled that, state constitutions require the recognition of same-sex marriages. However, relatively few cases had reached the federal courts and in almost all these cases the restrictions had been upheld. However, two recent challenges to a ban on same-sex marriages in California (Proposition 8) and restrictions of the rights of same-sex couples under federal law (DOMA) have now been successful before federal district …

What Tax Lawyers Need To Know Before Choosing A Forum For Their Next Federal Civil Tax Litigation Dispute, Robert D. Probasco

Robert Probasco

No abstract provided.

Foreign Investment Catalogues And Investment Environment In China, Tao Liang

Tao LIANG

Drafting New York Civil-Litigation Documents: Part Iii—The Complaint, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Copyright And The First Amendment: Comrades, Combatants Or Uneasy Allies?, Joseph P. Bauer

Joseph P. Bauer

The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform and perform that work for a extended period of time. The First Amendment, on the other hand, proclaims that Congress “shall make no law ... abridging the freedom of speech or of the press,” thus at least nominally indicating that limitations on …

A Description Of An Individual's Shared Responsibility Requirement In The Patient Protection And Affordable Care Act Of 2010, James S. Cole

James S Cole

The individual responsibility requirement of the Patient Protection and Affordable Care Act of 2010 has become the focus of litigation and public policy debates. Surprising aspects of the statute emerge when its rather dense verbiage is analyzed. The “individual conscience exception” applies primarily, if not exclusively, to self-employed Amish individuals who renounce Social Security coverage in its entirety. Conscientious objections to other aspects of the statute are not acknowledged. A taxpayer is assessed a penalty for his own failure to obtain minimum necessary health coverage beginning in 2014 and also for dependents’ penalties. The dependents are also liable for their …

Extract From United States Code Service, Section On Article Ii, Section 2, Clause 2, Citing Bailey-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCS.

[January 29, 2010]

Healthcare In Cuba, Carmen M. Cusack J.D.

Carmen M Cusack

Poor Americans who lack health-insurance or have little opportunity to access specialized or non-emergency medical treatment in the U.S. should be permitted by the U.S. State Department to spend money in Cuba in order to receive inexpensive medical treatment, and should be allowed to stay (and spend) in Cuba as long as necessary in order to receive inexpensive medical treatment. If Americans were permitted by an exception in the Helms-Burton Act to spend money in Cuba and visit for medical purposes, then Cuba would likely treat these Americans for a very low cost. This can be argued because 1) Cuba …

Can The Federal Reserve Adopt An Inflation Targeting Regime Under The Current Statutory Arrangements?, Hong Kyoon Cho

Hong Kyoon Cho

This paper discussed legal perspectives in institutional framework of central banking, keyed to monetary policy framework. The statutory objectives of monetary policy provide an environment under which the central bank can design its monetary policy framework, in that the choice of the monetary policy framework could lie within the scope of the spirits embodied in the statutory objectives of monetary policy. Monetary policy framework could illuminate legal aspects of debate, as specifically seen in the Federal Reserve’s case that has adopted not an explicit but an implicit monetary policy framework, namely the Just-Do-It approach. Under the current legal mandate, i.e., …

Cyber Crimes; Obsoleting The Guns, Bombs And Knives, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

It is of no doubt that electronic commerce holds the key to present and future global and local economic and social growth. However, like every other concept of human invention, e-commerce has some undeniable teething problems that tend to bedevil its full applicability. This paper hopes to throw light on some of these challenges. It does not claim to be exhaustive; rather it is only a guiding light for further research.

Arizona V. Gant And Its Impact On Search And Seizure Law And Vehicle Searches, Michael Gizzi, R Curtis

Michael C Gizzi

The decision in Arizona v. Gant, handed down in April of 2009, was a surprise for law enforcement and Supreme Court observers alike. For law enforcement, it took away their unfettered discretion to search a car anytime they engaged in a routine traffic stop, which was a commonly used tool for drug interdiction and combating gangs. For Court observers, it not only was a rare decision to suppress evidence in a Fourth Amendment case but it also presented an unusual line up of justices. This study considers the implications of Gant both for law enforcement and for observers of the …

Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

Providing victims with a judicial forum where they can air their grievances and obtain redress for violations of their rights is regarded as the cornerstone of an international culture of accountability, and restrictions on the right of access to a court must not run afoul of international law's prohibition on the denial of justice. The operation of international organisations, on the other hand, is predicated on the notion that shielding them from the normal processes of the law by providing for their immunity before national courts is the only way to ensure their effectiveness. When an international organization tasked with …

The Right To Food And Buyer Power, Aravind Ganesh

Aravind Ganesh

Modern global food supply chains are characterised by extreme levels of concentration in the middle of those chains. This paper argues that such concentration leads to excessive buyer power, which harms the consumers and food producers at the ends of the supply chains. This paper argues that the harms suffered by farmers are serious enough as to constitute violations of the international human right to food as it is expressed in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Political Rights, and further argues that world competition law regimes cannot ignore these human rights …

Extract From United States Code Service, Section On Amendment I, Citing Stone-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCS.

[August 31, 2010]

911 V. 913: How The Flaws Of The Foreign Earned Income Exclusion Could Be Corrected By A Modified Version Of The Repealed Section 913, Ryan M. Borgmann

Ryan M Borgmann

This Article addresses the use of earned income as basis for allowing a tax benefit to individuals who live and work abroad. With the exception of a short period of time in the late 1970’s and early 1980’s, earned income has been used to provide a tax benefit for United States citizens and residents living and working abroad. The reasoning for this tax benefit has always been to provide assistance for the higher cost of living and higher tax rate of living in a foreign country, yet the tax benefit has been available to every individual living abroad, independent of …

Take 'Pride' In A Death Sentence?, Judith A. Reisman Phd

Judith A. Reisman

No abstract provided.

Compliance With Article 76 Of The Law Of The Sea Convention(Losc) 1982: A Burden For Developing States? - An African Perspective., Edwin E. Egede

Edwin Egede

African broad shelf States, like other broad shelf States in other parts of the world, are required under Article 76 of the LOSC to make submissions in respect of their continental shelf beyond 200 nautical miles to the Commission on Limits of Continental Shelf (CLCS) within a particular time period. For a number of such States the compliance with this obligation is a burden. This paper seeks to explore how compliance with Article 76 is a burden for African broad shelf States and what could be done to assist these States to comply with this obligation.

Imitando La Intermediación Financiera Indirecta: El Caso De Los Bancos De Alimentos, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

De un tiempo a esta parte se observa un enorme desarrollo de supermercados, sea de gran envergadura, sea pequeña escala. Correlativamente, y pesar del sólido progreso macroeconómico, aún existe un segmento considerable de la sociedad en estado de desamparo y que requiere de medidas asistenciales por parte del Estado. Sin embargo en países como los recursos son excesivamente limitados, por ello resulta importante las alternativas de responsabilidad social empresarial que se vienen implementando o de modo directo la participación privada para colaborar en los esfuerzos asistenciales. Es en este marco donde se inserta la actuación de los Bancos de Alimentos.

Do Accounting Rules Matter? The Dangerous Allure Of Mark To Market, Todd Henderson

Todd Henderson

This paper examines the relative strength of two imperfect accounting rules: historical cost and mark to market. The manifest inaccuracy of historical cost is well known, and, paradoxically one source of its hidden strength. Because private parties know of its evident weaknesses they look elsewhere for information. In contrast, mark to market for hard-to-value assets has many hidden weaknesses. In this paper we show how it creates asset bubbles and exacerbate their negative collateral consequences once they burst. It does the former by allowing banks to adopt generous valuations in up-markets that increase their lending capacity. It does the latter …

Mr., Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

The solution to most environmental problems requires community participation. The levels and extent of this participation varies with the problem in question, which in turn, is influenced by both national concerns and international obligations. This presentation will focus on biodiversity and genetic resources within the Nigerian Environmental terrain and other international jurisdictions. Within national jurisdiction, there is no legal gap, as coastal states enjoy jurisdiction and sovereign rights for the conservation and sustainable use of biological resources. In areas beyond national jurisdiction, certain existing legal principles and the conservation and sustainable use of biodiversity, and international fisheries are applicable to …

Towards A Gender-Inclusive Definition Of Child Soldiers: The Prosecutor V. Thomas Lubanga Dyilo, Kristin M. Gallagher

Kristin M Gallagher

The trial of Thomas Lubanga Dyilo (“Thomas Lubanga”) will set international precedent for crimes related to child soldiers. As it is the first trial before the International Criminal Court (“ICC” or the Court), the Court will be setting a standard for interpreting what it means to conscript, enlist or use child soldiers actively in combat. This paper argues that the trial of Thomas Lubanga Dyilo currently before the International Criminal Court represents an opportunity for a precedent-setting decision regarding the use of child soldiers. It also argues for an interpretation of the law that recognizes the changing face of war …

Excluding Exclusion: How Herring Jeopardizes The Fourth Amendment's Protections Against Unreasonable Search And Seizure, Hariqbal Basi

Hariqbal Basi

Abstract- For nearly a half-century, the exclusionary rule has remained an important mechanism for ensuring police compliance with the Fourth Amendment and deterring unconstitutional searches and seizures. In January 2009, the Supreme Court held in Herring v. United States that the exclusionary rule does not apply to good faith negligent police behavior. This significantly broadened the law, and severely limits the future application of the exclusionary rule. Furthermore, this holding has strong potential for abuse by police departments. By analogizing to Fifth Amendment jurisprudence and Miranda rights, I argue that the ruling in Herring needs to be limited in order …

¿Tienen Los Ministros De Culto Derecho De Criticar Los Partidos Políticos Y De Oponerse A Las Leyes Del País?, Jorge Adame Goddard

Jorge Adame Goddard

Con motivo de la polémica que generaron las declaraciones de dos personajes de la Iglesia Católica en México acerca de la ley que autoriza el matrimonio entre personas del mismo sexo, se hace un análisis de las prohibiciones que la constitución mexicana impone a los ministros de culto: de desempeñar cargos públicos, de asociarse con fines políticos, de hacer proselitismo a favor o en contra de los partidos políticos y de oponerse a las leyes e instituciones del país, y se concluye señalando el alcance y contenido preciso de cada una de ellas.

Cracking Democracy, Milan Meszaros Physicist

Milan Meszaros physicist

A mai magyar politikai életben van egy mozzanat, amely sötét árnyékként vetül a jövőre. Ez pedig a politikai rendszer újra-konfigurálása és újra-programozása vagy ki-, illetve átkódolása a kétharmados többségre hivatkozással.