Law Commons^™

State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré

Mariagiulia Giuffré

This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third …

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …

Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan R. K. Stroud

Jonathan R. K. Stroud

Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …

"Workers' Compensation And The Separation Of Powers In Tennessee", Matthew Lyon

Matthew Lyon

No abstract provided.

Cliff Jumping: Working For A Non-Aba-Accredited Law School - Why The Reward Is Worth The Risk, Katherine Marsh, Jordan Gilbertson

Katherine Marsh

No abstract provided.

Perpetuating Risk? Workers' Compensation And The Persistence Of Occupational Injuries, Emily A. Spieler

Emily A. Spieler

No abstract provided.

On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler

Emily A. Spieler

No abstract provided.

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.

Contract And Dispossession, Deborah W. Post

Deborah W. Post

This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, …

The Role Of Controversy In Nepa: Reconciling Public Veto With Public Participation In Environmental Decisionmaking, William Murray Tabb

William M. Tabb

No abstract provided.

Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli

Michele Faioli

The core idea of this essay is that strengthening social security system is key to making the duality of labor law, as it reflects the tension between law and markets, a positive force for reconciling demands for modernization with demands for decent work. This essay sets the stage for a larger-scale comparative project on the duality of labor law which arises from the functioning of labor law in relation to the application of the principle of decency at work.

In Defense Of Feres: An Unfairly Maligned Opinion, Paul F. Figley

Paul Figley

The Supreme Court’s 1950 Feres v. United States decision held that when it enacted the Federal Tort Claims Act Congress did not intend to waive sovereign immunity for injuries to members of the military arising out of activity incident to their service. The Court’s decision was influenced by the long history of efforts to enact a general tort claims bill that would free Congress from the burden of processing claims against the government, as well as the case law, statutes, and procedures pertaining to service-members’ injuries prior to enactment of the Federal Tort Claims Act. This Article examines those influences …

Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post

Deborah W. Post

No abstract provided.

Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Befriar Leken Från Ansvar? Om Bdsm, Samtycke Och Social Adekvans, Linnéa Wegerstad

Linnéa Wegerstad

Våren 2012 arrangerade Juridisk Publikation i Lund en paneldebatt på temat ”BDSM och samtycke” som jag fick förmånen att moderera. Debatten utgick från det så kallade Malmöfallet som rör åtal för misshandel i samband med BDSM-utövning. Denna artikel tar avstamp i den fråga som fick avsluta debatten, nämligen om detta uppmärksammade fall har diskuterats klart. Min ståndpunkt är att genom fallet väcktes flera principiellt viktiga frågor som bör dryftas vidare. Dessa spörsmål, som rör hur sexuella praktiker som kan utgöra straffrättsligt relevant våld hanteras i straffrätten, vill jag synliggöra genom den här artikeln. Inledningsvis ges en redogörelse för samtyckes ansvarsbefriande …

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …

Judging Lite: How Arbitrators Use And Create Precedent, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Reforming Sovereign Lending: Modern Initiatives In Historical Context, W. Mark C. Weidemaier

W. Mark C. Weidemaier

How Markets Work: The Lawyer's Version, W. Mark C. Weidemaier, Mitu Gulati

W. Mark C. Weidemaier

The Birth Of The Sperm Bank, Kara Swanson

Kara W. Swanson

No abstract provided.

Eradicating The Mothering Effect: Women As Workers And Mothers, Successfully And Simultaneously, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In the United States, the need for federal legislation to address work-family conflict has never been more pressing. Mothers are the primary caretakers of their children even while they participate in the paid market in record numbers. However, because the workplace is designed to accommodate the needs of the traditional male, mothers often face distinct challenges when combining their paid market and care work. For example, middle-class families are working longer hours than ever before, over 70 percent of mothers participate in the paid labor market, and mothers earn 30 percent less than their male counterparts. Meanwhile, two-thirds of mothers …

Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen

Rona Kaufman Kitchen

During his bid for the Presidency, Barack Obama specifically identified work-family conflict as a key issue that would receive attention and reform if he became President. After entering the White House, President Obama continued to consistently articulate that work-family balance issues were a priority for America's families and for his administration. In May 2011, the President reaffirmed his dedication to the issues that face working parents, stating that his administration was, "striving to help mothers in the workplace by enforcing equal pay laws and addressing workplace flexibility as families balance the demands of work, child and elder care, and education." …

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …

Go For The Gold By Utilizing The Olympics, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate ways to incorporate legal issues related to the Olympic Games in the business law or legal environment course. This article provides a brief history of the legislation which has established the legal authority of the United States Olympic Committee (USOC), prominent cases, relevant laws and other legal issues that encompass the Olympic Games and their administration in the United States. Legal issues related to constitutional law, arbitration, jurisdiction, gender and disability discrimination, intellectual property, are also presented in a way in which the professor can use the Olympics as part of the …