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Full-Text Articles in Law

Integration In An Integrating World, Yariv Brauner Nov 2014

Integration In An Integrating World, Yariv Brauner

Yariv Brauner

During the second half of the last century, many countries gradually replaced their so-called classical corporate tax regimes, under which corporate earnings were taxed twice -- once in the hands of the corporation, and again when distributed to corporate shareholders as dividends -- with an integrated regime (imputation), which taxed such earnings only once. The driving force behind this trend was the expectation of significant efficiency gains. This clear and gradual trend has been abruptly reversed with the turn of the century. The phenomenon we call globalization, and in particular the proliferation of cross-border business and investment, has materially contributed …


Exploring The “Faces” Of Europeanization From An Albanian Perspective, Irma Spahiu Nov 2014

Exploring The “Faces” Of Europeanization From An Albanian Perspective, Irma Spahiu

UBT International Conference

Europeanization is a process existent in all countries applying for EU membership, including Albania. This article aims to explore Olsen’s faces of Europeanization by looking at how this process has taken place in Albania and if it has led to substantial changes in the Albanian politics and governance. It has been argued that Europeanization is a dual process that affects both domestic policies and European Union. The article explores this relationship in the Albanian case. It argues that Europeanization in Albania is occurring in an “Albanian fashion-way” with some unique features which are labelled as ‘Europeanization by convenience’.


The Importance Of The Judiciary For The European Integration Of Eu Candidate Countries: The Case Of Albania, Klodian Rado Nov 2014

The Importance Of The Judiciary For The European Integration Of Eu Candidate Countries: The Case Of Albania, Klodian Rado

UBT International Conference

All Western Balkan countries currently holding the EU Candidate Country status, namely, Albania, Montenegro, FYROM, Serbia, and hopefully in the near future Kosovo, are in a critical stage of the EU integration. From their institutions are required serious reforms which are necessary for almost all the of above countries. The focus of this paper is Albania. After the approval of the EU Candidate Country status, each branch of the Albanian government is now facing new legal challenges. However, at this stage, the central role passes to the judiciary, which should and could turn into a real “engine” of the EU …


Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush Oct 2014

Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush

Sharon E. Rush

Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. The case …


Diversity: The Red Herring Of Equal Protection, Sharon E. Rush Oct 2014

Diversity: The Red Herring Of Equal Protection, Sharon E. Rush

Sharon E. Rush

Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …


Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon Jun 2014

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.


Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush May 2014

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

Sharon E. Rush

This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify …


From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon Feb 2014

From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.


The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler Jan 2014

The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler

University of Michigan Journal of Law Reform

How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how …


Resource Development And Teacher Training: A Model Of Interactive Whiteboard (Wb) Integration In Language Labs, Lidia Bilbatua, Laetitia Vedrenne Jan 2014

Resource Development And Teacher Training: A Model Of Interactive Whiteboard (Wb) Integration In Language Labs, Lidia Bilbatua, Laetitia Vedrenne

Faculty of Law, Humanities and the Arts - Papers (Archive)

Pedagogical research often focuses on learners’ experience of technologyenhanced learning environments. It is widely accepted that effective use of Information and Communication Technologies (ICT) in learning requires the learner to be already fluent in them (Lai and Morrison 2013: 154). If this is the case, then practitioners also need to be competent, yet the digital literacy of today’s learners often appears greater than that of practitioners. This translates into a big gap between learners and practitioners in ability and confidence in the use of ICTs.

In this paper, we present the outcomes of a research project funded by the University …


The Rule Of Law In The Recent Jurisprudence Of The Ecj, Thomas Von Danwitz Jan 2014

The Rule Of Law In The Recent Jurisprudence Of The Ecj, Thomas Von Danwitz

Fordham International Law Journal

No abstract provided.


Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza Jan 2014

Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza

Fordham International Law Journal

No abstract provided.