Law Commons^™

The Death Of The Digest And The Pitfalls Of Electronic Research: What Is The Modern Legal Researcher To Do?, Lee F. Peoples

Lee Peoples

No abstract provided.

Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)

Shubhankar Dam

The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of acti­vism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the funda­mental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …

Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam

Shubhankar Dam

The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …

Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam

Shubhankar Dam

No abstract provided.

In The Shadow Of Delaware?: The Rise Of Hostile Takeovers In Japan, Curtis J. Milhaupt

Curtis J. Milhaupt

No abstract provided.

Esbozo De Una Nueva Teoría Del Contrato, Jorge Adame Goddard

Jorge Adame Goddard

Se propone una teoría del contrato que lo considera, no como el convenio de obligarse, sino como la obligación recíproca (simpre recíporca) libremente contraída. A partir de ese concepto se distinguen los tipos contractuales y los principios que los rigen.

Facing China: Taiwan's Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein

Adam Epstein

The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …

8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon

Thomas D. Lyon

The Opacity Of Transparency, Mark Fenster

Mark Fenster

Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey

Sam Grey

This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat …

Public Financing For Non-Partisan Judicial Campaigns: Protecting Judicial Independence While Ensuring Judicial Impartiality, Phyllis Kotey

Phyllis Kotey

No abstract provided.

Alien Torts In Europe? Human Rights And Tort In European Law, Eric A. Engle

Eric A. Engle

Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It concludes that the laws examined are examples of universal jurisdiction and rights and duties of private persons under international law, which are two key elements of the post-Westphalian state system.

Medidas Autosatisfactivas. Esquema Introductorio, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Citation Of Kentucky Legal Materials, Kurt X. Metzmeier

Kurt X. Metzmeier

A Parental Lament, Stephen A. Gerst

Stephen A Gerst

No abstract provided.

Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland

H. Brian Holland

No abstract provided.

Tempest In A Teapot Or Tidal Wave? Cybersquatting Remedies Run Amok, H. Brian Holland

H. Brian Holland

No abstract provided.

Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland

H. Brian Holland

No abstract provided.

Ley Orgánica De Transparencia Y Acceso A La Información Pública, Comentada, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger

Beat Habegger

No abstract provided.

Using Advertising Principles To Help Marketing Students Land Their First Job, Ronald Paugh, Oscar T. Mcknight, Setor Danku

Oscar T McKnight Ph.D.

As competition intensifies for entry-level marketing jobs, students of marketing must become more adept at sharpening their self-marketing and job search skills. The authors illustrate how advertising principles can be applied to this "creative" endeavor

A New Paradigm In Student Course Evaluation: From Instructor Satisfaction To Course Content, Oscar T. Mcknight, Ronald Paugh, M Manzo

Oscar T McKnight Ph.D.

No abstract provided.

Foreward- Symposium: Out With The Old, In With The New - Articles 2 And 2a Of The Uniform Commercial Code, Margit Livingston

Margit Livingston

No abstract provided.

Pulling The Fig Leaf Off The Right Of Privacy: Sex And The Constitution, Donald H. Hermann

Donald Hermann

No abstract provided.

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …

Wheelchair As Semiotic: Space Governance Of The American Handicapped Parking Space, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

Legal Briefs: Helpful But Also Hazardous, Brian Craig

Brian Craig

No abstract provided.

Democracia De Masas Y Democracia Constitucional En El Perú Contemporáneo, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle

Eric A. Engle

Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.