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Articles 121 - 150 of 5711
Full-Text Articles in Law
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
Parties on the losing side in international arbitration have long argued that an error of law is a defence to the enforcement of foreign awards. Citing article V(2)(b) of the New York Convention, such parties have argued that a manifest error of law is a violation of public policy. While national courts have generally paid little heed to this line of argument, this article seeks to raise the possibility that there may yet be the exceedingly rare instance in which a court should preclude enforcing an award marred by a hideous error of law. Limited review of an arbitrator's application …
Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low
Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low
Research Collection Yong Pung How School Of Law
The inclusion in contracts of “non-reliance” clauses, as a means of pre-empting assertions of misrepresentation, has become commonplace. The validity and effectiveness of such clauses is another matter. This article discusses how a non-reliance clause may act as an evidential estoppel.
China’S Strategy For Free Trade Agreements: Political Battle In The Name Of Trade, Shuchao Henry Gao
China’S Strategy For Free Trade Agreements: Political Battle In The Name Of Trade, Shuchao Henry Gao
Research Collection Yong Pung How School Of Law
Compared with Europe and America, East Asia is a latecomer in the new gold-rush of Free Trade Agreements (FTAs). In this process, China has played a significant role. This is not only due to the growing economic clout of China, but also because China has taken a conscious strategy to push for economic integration in the region. Thus, for the benefits of the countries in the region, it is very important to understand China’s FTA strategy. This article starts with the evolving picture of China’s FTA web, then discusses the key components of China’s FTA strategy, and concludes by noting …
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Public Law and Legal Theory Working Papers
Anecdotal evidence of agencies burying bad news is rife in law and politics. The bureaucracy regularly is accused of announcing controversial policies on holidays and weekends when public attention is elsewhere. We show that this conventional wisdom is wrong, or at least significantly incomplete. The conventional wisdom is riddled with theoretical holes, and there is little systematic empirical evidence to support it. After critiquing the conventional account of agencies hiding bad news, we articulate and defend a revised theory of strategic timing in administrative law. We argue that timing decisions rarely affect the visibility of decisions but can drive up …
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Public Law and Legal Theory Working Papers
No abstract provided.
Legal Beagle Blog (December 2009), Roger Williams University School Of Law Library
Legal Beagle Blog (December 2009), Roger Williams University School Of Law Library
Law Library Newsletters/Blog
No abstract provided.
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its inception in 2005, the Trans-Pacific Strategic Economic Partnership Agreement (the ‘P4 Agreement’) has been hailed as a ‘high standard’ free trade agreement (FTA). However, there has never been any official explanation as to how the assessment of the Agreement is conducted. Now it’s exam time again, let’s see how the Agreement performs in ‘Free Trade 101’.
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Research Collection Yong Pung How School Of Law
In this article we reflect upon negotiation strategies and explore the utility of reconciling the dichotomy between interest-based and positional approaches to negotiation. Ultimately, we advocate for a ‘constructive model’ of negotiation and introduce the ‘negotiation navigation map’ that serves the negotiator well in preparing for this approach to negotiation.
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Australian Information Security Management Conference
The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in safeguarding account …
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …
Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt
Northern Illinois Law Review Supplement
This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo
Educational Leadership Faculty Publications
Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …
Introduction, Christine M. De Matos
Introduction, Christine M. De Matos
Faculty of Law, Humanities and the Arts - Papers (Archive)
It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city, …
Focusing Your Firm On Ethics, Alex B. Long
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron
Faculty Scholarship
The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women’s home addresses alongside suggestions that they should be sexually assaulted and technological attacks that shut down blogs and websites. It impedes women’s full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women’s experience, deeming it harmless teasing that women should expect, and tolerate, given the Internet’s Wild West norms …
Midnight Deregulation, Jack M. Beermann
Midnight Deregulation, Jack M. Beermann
Faculty Scholarship
Research has revealed a significant increase in regulatory activity in the last quarter of the final year of U.S. presidential administrations, with a great deal of regulatory activity occurring in the period between the election and the inauguration of the new president. Despite the expressed intent to minimize midnight regulation, the volume of regulatory activity at the end of the administration of George W. Bush spiked in a magnitude similar to that of other recent transitions. There was, however a difference. While the end of the administrations of Jimmy Carter and Bill Clinton exhibited the issuance of new regulations that …
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …
The Evolution Of Copyright Law In The Arts, Kevin Liftig
The Evolution Of Copyright Law In The Arts, Kevin Liftig
Honors Scholar Theses
As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …
Donald Tsang's Vision For An Integrated Asia, Knowledge@Smu
Donald Tsang's Vision For An Integrated Asia, Knowledge@Smu
Knowledge@SMU
Stem protectionism, step-up education, reduce our reliance on the West, emphasize strong Asian values, integrate currencies and promote trade partnerships – these are items that show up on Donald Tsang's wish list of things by which Asia might be united. What's more, he believes his vision of an Asian bloc will likely take shape within this very century. Speaking at SMU's Ho Rih Hwa Leadership in Asia public lecture series, the Hong Kong Chief Executive explained why Asian countries must forge closer links with one another, and how the region can eventually present itself to be a foundation of stability …
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
Faculty Scholarship
Under the reserved water rights doctrine, lands the federal government has designated for a particular purpose have rights to sufficient water to fulfill that purpose. Reserved water rights are also known as Winters rights after the doctrine's foundational case, in which the United States Supreme Court held that Congress must have intended to reserve sufficient water to irrigate an Indian reservation although the treaty establishing that reservation said nothing about water.
U.S. Chamber Of Commerce Liability Survey: Inaccurate, Unfair, And Bad For Business, Theodore Eisenberg
U.S. Chamber Of Commerce Liability Survey: Inaccurate, Unfair, And Bad For Business, Theodore Eisenberg
Cornell Law Faculty Publications
The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal change but no detailed evaluation of the survey’s quality exists. This article presents evidence that the survey is substantively inaccurate and methodologically flawed. It incorrectly characterizes state law; respondents provide less than 10 percent correct answers for objectively verifiable responses. It is internally inconsistent; a state threatened with judicial hellhole status ranked first in the survey while venues not on the list ranked lower. The absence of correlation between survey rankings and observable activity suggests that other factors drive the rankings. Two factors …
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein
Faculty Scholarship
No abstract provided.
The Comparative Nature Of Punishment, Adam Kolber
The Comparative Nature Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
Annual Report 2008-2009, Office Of Development
Annual Report 2008-2009, Office Of Development
Annual Donor Report
No abstract provided.
Dean's Report 2009, Rebecca H. White
Dean's Report 2009, Rebecca H. White
Other Law School Publications
This year marks the 150th anniversary of our law school, one of the nation’s oldest and most successful public law schools. Although legal education has changed in significant ways over the past 150 years, the markers of a great law school have not. Putting academically rigorous teachers into classrooms with intellectually serious and highly motivated students results in a first class learning experience that produces professionals of the highest caliber. We are committed to continuing that proud tradition at Georgia Law and to enhancing what is already an outstanding work product. It is my pleasure to provide you this report …
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
Research Collection Yong Pung How School Of Law
As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considered to be an important breakthrough in diplomacy for the past decades. Notwithstanding its WTO membership, the Taiwanese Government has employed numerous trade …