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2012

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Articles 1 - 30 of 17257

Full-Text Articles in Law

Religion / State: Where The Separation Lies, Vincent Samar Jan 2016

Religion / State: Where The Separation Lies, Vincent Samar

Vincent Samar

The article traces the history of the establishment clause including various court tests that have been used to interpret it, discusses various contemporary justifications for the clause, and culls from those justifications why the “accommodationist” approach sometimes used by the Court must be rejected.

I then introduce the ethical Doctrine of Double Effect to reconsider other tests the Court has applied (total separation, endorsement, neutrality and coercion), ultimately to justify a new neutrality test that provides a clearer understanding of the principles behind non-establishment. I show how the new neutrality test could be used in resolving future cases, for example, …


Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Dec 2012

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Florida State University Law Review

No abstract provided.


Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan Dec 2012

Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan

American University International Law Review

No abstract provided.


§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller Dec 2012

§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section 5:34 discusses …


Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill Dec 2012

Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Front Matter Dec 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …


Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch Dec 2012

Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.


The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung Dec 2012

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …


The Normative Underpinnings Of Taxation, Sagit Leviner Dr. Dec 2012

The Normative Underpinnings Of Taxation, Sagit Leviner Dr.

Sagit Leviner Dr.

Questions about the appropriate rules and mechanisms of taxation are, first and foremost, questions concerning the nature of society. What can be taxed, what cannot, for what purpose, when, and how, are all matters that go to the heart of society and, in particular, concern society’s underlying beliefs and values vis-à-vis the meaning and attainment of justice. This Article explores the role of normative values and theory in tax policymaking. It suggests that a candid elaboration of normative perspectives, and how they shed light on taxation, could lead to a better understanding of society as well as a better tax …


An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer Dec 2012

An Elegy For Greg Ham: Copyright Law, The Kookaburra Case, And Remix Culture, Matthew Rimmer

Matthew Rimmer

The ‘Kookaburra’ case was a tragic and controversial copyright dispute, highlighting the need for copyright law reform by the Australian Parliament. In the Kookaburra case, a copyright action was brought by Larrikin Records against Men at Work’s song ‘Down Under’, alleging copyright infringement of the ‘Kookaburra’ song composed by Marion Sinclair. The dispute raised a host of doctrinal matters. There was disquiet over the length of the copyright term. There were fierce contests as to the copyright ownership of the ‘Kookaburra’ song. The litigation raised questions about copyright infringement and substantiality – particularly in relation to musical works. The ‘Kookaburra’ …


Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen Dec 2012

Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo Dec 2012

Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo

Santa Clara Journal of International Law

No abstract provided.


Preface, Marc S. Wiesner Dec 2012

Preface, Marc S. Wiesner

Santa Clara Journal of International Law

No abstract provided.


"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola Dec 2012

"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola

City University of New York Law Review

No abstract provided.


Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman Dec 2012

Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman

Hofstra Law Review

An introduction is presented in which the author discusses various reports within the issue on topics including the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" publication, ineffective assistance of counsel, and psychopathy.


Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez Dec 2012

Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez

City University of New York Law Review

No abstract provided.


Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …


Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim Dec 2012

Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim

City University of New York Law Review

We are alumni of the City University of New York School of Law, Class (“CUNY Law”) of 2007 and founders of Common Law, an organization that uses legal education and legal services to support and increase organizing and activism. We describe the origins of Common Law and our beginnings as an organization providing direct legal services to members of community organizing groups in Section I; the emergence of our unique legal clinic model supporting pro se (self-represented) litigants fighting foreclosure in Section II; and our challenges and hopes for the future in Section III.


Front Matter Dec 2012

Front Matter

City University of New York Law Review

No abstract provided.


Introduction, Andrea Mcardle Dec 2012

Introduction, Andrea Mcardle

City University of New York Law Review

No abstract provided.


Fixing New York's Broken Bail System, Justine Olderman Dec 2012

Fixing New York's Broken Bail System, Justine Olderman

City University of New York Law Review

No abstract provided.


Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse Dec 2012

Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse

City University of New York Law Review

No abstract provided.


Evaluation As The Proper Function Of The Parole Board: An Analysis Of New York State's Proposed Safe Parole Act, Amy Robinson-Oost Dec 2012

Evaluation As The Proper Function Of The Parole Board: An Analysis Of New York State's Proposed Safe Parole Act, Amy Robinson-Oost

City University of New York Law Review

No abstract provided.


The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun Dec 2012

The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun

Indonesia Law Review

The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …


The Manpower Aspect In The Field Of Sports, Melania Kiswandari Dec 2012

The Manpower Aspect In The Field Of Sports, Melania Kiswandari

Indonesia Law Review

As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being …


Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto Dec 2012

Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto

Indonesia Law Review

The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority …


One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah Dec 2012

One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah

Indonesia Law Review

Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in …


Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy Dec 2012

Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy

Indonesia Law Review

“Keselamatan Penerbangan: Teori dan Problematika (Aviation Safety: Theory and Problematic)” is written by aviation practioner in Indonesia. The writer explores the aviation problematic based on his experience in more than three decades. Many issues out of box in aviation arise in this book, such as “Kebenaran Dalam Penerbangan (The Truth in Aviation)” which is focus on international aviation policy and regulations made by ICAO through research and development (scientific truth) and written on 18 Annexes and relevant documents, as living guidances of standards and recommended practices that must be implemented by states.


Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen Dec 2012

Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.