Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2011

Discipline
Institution
Keyword
Publication
File Type

Articles 31 - 60 of 4755

Full-Text Articles in Law

Aiding And Abetting Under The Antiterrorism Act: Despite Statutory Silence, Why Extending Liability To Aiders And Abettors Of International Terrorism Furthers Congressional Intent To Compensate Plaintiffs And Defeat Terrorist Financial Pathways, Jesse Snyder Dec 2011

Aiding And Abetting Under The Antiterrorism Act: Despite Statutory Silence, Why Extending Liability To Aiders And Abettors Of International Terrorism Furthers Congressional Intent To Compensate Plaintiffs And Defeat Terrorist Financial Pathways, Jesse Snyder

Jesse Snyder

No abstract provided.

Go to article

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh Dec 2011

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh

Ehsan Zarrokh

As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.

Go to article

The Salary Memo, Robert M. Jarvis Dec 2011

The Salary Memo, Robert M. Jarvis

Robert M. Jarvis

This short essay takes a humorous look at how law school deans decide faculty raises.

Go to article

The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert Dec 2011

The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert

Roya Ghafele

Current mechanisms to compensate inventors and improve legal access to their inventions remain ineffective. Manufacturers encounter significant transaction costs in the process of licensing the multitude of patent rights implicated in their products. High-technology product manufacturing requires access to a diverse pool of technologies that are owned by different organizations all over the world. The transaction costs of licensing these disparate rights are inhibiting unlicensed manufacturers in emerging economies from entering important markets and simultaneously limiting the revenue patent owners can generate from non-exclusive licenses. As communications technologies improve, innovative licensing mechanisms are emerging that can help firms avoid many …

Go to article

Embedded Socio-Legal Activism, Hualing Fu Dec 2011

Embedded Socio-Legal Activism, Hualing Fu

Hualing Fu

Socio-legal activism abounds in China, but why are some organizations and campaigns more successful than others? This paper discusses factors that lead to successful socio-legal activism in China and its potential pitfall. It offers a case study of the legal and political mobilization against health-based discrimination by the Beijing Yirenping Centre.

Go to article

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr Dec 2011

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr

Claudio Bozzi Dr

With the publication of Faktizitat und Geltung Jurgen Habermas sought to extend his normative critical arguments to jurisprudence. In this work he argues that the law can mediate and coordinate valid social integration in complex modern societies because it is capable of receiving normative inputs from the public sphere, which are then translated into the administrative system. Throughout his extensive writings, Habermas has referred to a principle of the universalisation of the valid norm. Its role in pluralist societies is therefore not to offer a substantial value, but to guide in the character of a regulative idea. This idea would …

Go to article

Between Myths And Reality--Macedonia Between Turkey And The European Union, Marija Đorđeska Dec 2011

Between Myths And Reality--Macedonia Between Turkey And The European Union, Marija Đorđeska

Dr Marija Dordeska

The spirit of Alexander the Great still stirs ghosts between Greece and the Republic of Macedonia. Macedonia is on its way to the EU and Greece represents an obstacle for these processes in the aftermath of the name dispute and the Greek veto on the Macedonian membership in NATO and the European Union. The major asset Greece has in regards to Macedonia is the veto power over the future accession talks Macedonia could have with international organizations, especially with the European Union. Instead of Greece taking Macedonia under its wing, Macedonia continues to be perceived as a threat to Greek …

Go to article

A Iii. Világháború Küszöbén (At The Threshold Of World War 3), Milan Meszaros Physicist Dec 2011

A Iii. Világháború Küszöbén (At The Threshold Of World War 3), Milan Meszaros Physicist

Milan Meszaros physicist

Oswald Spengler A Nyugat Alkonya című könyvében a történelmet nem korszakok szerint tárgyalja, hanem kultúrák szerint. Így ő nyolc kultúrát sorol fel, amelyek a történelmet alakították. Ha ezeket alaposan szemügyre vesszük, akkor láthatjuk, hogy egyetlen olyan kultúra létezik, amelyik még nem dominálta a történelmet. Ez pedig az arab. Megítélésem szerint a 21. században ez a “korszak” következik. Hogy ez a kultúra-váltás a III. világháború után jön-e el, vagy anélkül, nem tudni. De eljön, s ezzel jó tisztában lenni. Persze, háború nélkül kevésbé rossz lenne.

Go to article

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr Dec 2011

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr

Claudio Bozzi Dr

This paper argues that Habermas’s principle of universalisation, which is posited not as a substantive value but a regulative idea which mediates impartially amongst a plurality of goods, fails to maintain the impartiality of the discourse. Rather, positive assumptions about goods are unavoidable entailments of a situated and historical norm. The laws’ coordinating role achieved by translating the normative inputs it receives from the public sphere and applying them to administrative purpose must be understood not as a universal consensus but in deliberative terms whereby the mediation of particular audiences is considered an element of rationality. But normativity cannot simply …

Go to article

On Tax Increase Limitations: Part I - A Costly Incoherence, David Gamage, Darien Shanske Dec 2011

On Tax Increase Limitations: Part I - A Costly Incoherence, David Gamage, Darien Shanske

David Gamage

In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities …

Go to article

Don't Tax The Rich, Tax Inequality, Aaron S. Edlin Dec 2011

Don't Tax The Rich, Tax Inequality, Aaron S. Edlin

Aaron Edlin

A Brandeis tax can stop inequality in its tracks.

Go to article

How Can Open Source And Closed Source Software Business Structures Mutually Exist, Yugank Goyal, Padmanabha Ramanujam Dec 2011

How Can Open Source And Closed Source Software Business Structures Mutually Exist, Yugank Goyal, Padmanabha Ramanujam

Yugank Goyal

The phenomenon of producing Open Source Software based on unconstrained access to source code and the swift growth of the open source business structure of producing software fuelled by Linux Operating System and Apache Web Server have raised important questions, which are of immense scholastic interest. Accordingly many scholars in the last few years have endeavoured to clarify as to why thousands of top-quality programmers contribute freely to an open source product which is a public good. However, there has hardly been any attempt to explain how open source and closed source business structure of producing software can coexist. This …

Go to article

The Israeli Welfare State, Jon Foster Dec 2011

The Israeli Welfare State, Jon Foster

Jon Foster

An analysis of the modern welfare state that exists within Israel. Identifying where the Israeli model falls in relation to the European and American model; differences, similarities, and unique aspects of the Israeli system in comparative perspective.

Go to article

Two Innovative Practice Prep Exercises, E. Joan Blum Dec 2011

Two Innovative Practice Prep Exercises, E. Joan Blum

E. Joan Blum

No abstract provided.

Go to article

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J. Dec 2011

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

All of us know lawyers who seem unhappy, unfree, directionless, and dis-integrated, who seem to be following paths they haven’t consciously chosen, leading them to places they would never have chosen to go, seemingly locked in lives they haven’t freely chosen to live. Some would characterize this reality as a manifestation of a spiritual crisis, a crisis of meaning and value in the law, rooted in the difficulty lawyers have integrating the practice of the law into the whole of their lives. This article argues that the spirituality flowing from the life of Ignatius of Loyola, the founder of the …

Go to article

Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J. Dec 2011

Christian Scripture And American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

This Review Essay examines the analogy between biblical interpretation and constitutional interpretation drawn by the eminent Yale church historian Jaroslav Pelikan in his provocative book, Interpreting the Bible and the Constitution. Part I of the Essay focuses on Pelikan’s discussion of the differences and analogies between the Bible and the Constitution that provide the foundation for methodological comparison. Part II of the Essay examines Pelikan’s effort to draw on the work of 19th-century theologian John Henry Newman in order to explore the fundamental problem of the relation between the authority of the original text and the authority of developing doctrine …

Go to article

Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J. Dec 2011

Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

Conventional wisdom holds that the principal task of a law school is to teach law students to "think like lawyers." However, law school can be experienced as a form of narrow training that diminishes something central to the human person: the fundamental drive to question and to follow those questions wherever they lead. This Article will explore the ways in which the thought of two scholars, Bernard Lonergan and James Boyd White, can usefully inform our understanding of this crisis of meaning and value within the context of a conception of law as a social and cultural activity. First, this …

Go to article

John Paul Ii, John Courtney Murray, And The Relationship Between Civil Law And Moral Law: A Constructive Proposal For Contemporary American Pluralism, Gregory A. Kalscheur S.J. Dec 2011

John Paul Ii, John Courtney Murray, And The Relationship Between Civil Law And Moral Law: A Constructive Proposal For Contemporary American Pluralism, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

In his 1995 encyclical, Evangelium Vitae, Pope John Paul II outlined a jurisprudential vision which includes the “doctrine on the necessary conformity of civil law with moral law.” The Pope’s jurisprudential reflections prompt the question I consider in this Article: How should we understand the doctrine on the necessary conformity of civil law with moral law in a religiously pluralistic democratic society like that of the United States today? My objective is to articulate a vision of the relationship between moral values and civil law that is grounded in the tradition of Catholic social thought and that can allow the …

Go to article

Catholics In Public Life: Judges, Legislators, And Voters, Gregory A. Kalscheur S.J. Dec 2011

Catholics In Public Life: Judges, Legislators, And Voters, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

Does the desire to avoid culpable cooperation in moral evil make the conscientious Catholic judge unfit for judicial service in a constitutional system that will inevitably bring before the judge cases that implicate a host of issues as to which the Church offers moral teaching? Confused answers to this question reflect a larger confusion which often accompanies contemporary discussion of questions related to Catholic participation in public life. The confusion stems in large part from a failure to recognize that Catholics participate in public life in different ways that give them different sorts of public roles. This Essay tries to …

Go to article

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur Dec 2011

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur

Gregory A. Kalscheur, S.J.

What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …

Go to article

Conscience And Citizenship: The Primacy Of Conscience For Catholics In Public Life, Gregory A. Kalscheur S.J. Dec 2011

Conscience And Citizenship: The Primacy Of Conscience For Catholics In Public Life, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

In their statement, Forming Consciences for Faithful Citizenship, the U.S. Catholic bishops acknowledge that “the responsibility to make choices in political life rests with each individual in the light of a properly formed conscience.” This essay argues that, in light of this responsibility, it is important to affirm a commitment to the primacy of conscience as that idea has been understood in the Catholic tradition. If we really expect voters and public officials to make responsible, conscientious decisions about matters of public policy, we should not speak in ways that suggest that the proper formation of conscience is simply a …

Go to article

Moral Limits On Morals Legislation: Lessons For U.S. Constitutional Law From The Declaration On Religious Freedom, Gregory A. Kalscheur S.J. Dec 2011

Moral Limits On Morals Legislation: Lessons For U.S. Constitutional Law From The Declaration On Religious Freedom, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

A persistent American confusion regarding the proper relationship between law and morality is manifest in the opinions in Lawrence v. Texas. The Second Vatican Council’s Declaration on Religious Freedom provides the foundation for an analytical framework that can bring clarity to that confusion. The heart of this framework is the moral concept of public order. This concept offers a principled explanation of both the holding in Lawrence and the limitations the Court placed on that holding. The Court could clarify the confusion manifest in Lawrence by explicitly acknowledging that a state interest only becomes legitimate for purposes of rational basis …

Go to article

El Problema Del Lenguaje, Y Su Incidencia En El Escenario Jurídico.®, Daniel Fernando Gómez Tamayo Dec 2011

El Problema Del Lenguaje, Y Su Incidencia En El Escenario Jurídico.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

En este estudio se aborda los efectos sociales de la incomunicación de la jurisprudencia extranjera con las fuentes jurídicas, y su estrecha relación con la manipulación normativa y los trasplantes jurídicos. ¿Por qué razón el se incrementa el gasto militar y en defensa? Para los federales de la agencia y para los framers: el incidente ocurrido el 11 de septiembre de 2001 en New York fue un ataque terrorista; aunque, no se descarta que ese hecho podría ser un ajuste de cuentas de la liga àrabe por temas petroleros . Lo cierto, es que el juez Víctor Marrero, un prestigioso …

Go to article

California’S Vanishing Community Hospital: An Endangered Institution, Craig B. Garner Dec 2011

California’S Vanishing Community Hospital: An Endangered Institution, Craig B. Garner

Craig B. Garner

Across the nation, America’s community hospitals are under siege. Once considered indispensable to our health care system, the twenty-first century finds the local hospital fighting an uphill battle against a convergence of factors that favors the sharing of resources by multiple facilities. Rising health care expenses, challenging regulatory hurdles, and a reimbursement structure in the midst of transition all bear some responsibility for the obstacles faced by today’s community hospital. Nowhere is this phenomenon more pronounced than in California, where regular hospital closings amid an ever-growing population stand as incentive for remaining hospitals to team up (or remain teamed up) …

Go to article

Kennedy V. St. Joseph’S Ministries, Inc.: The Fourth Circuit's Troubling Interpretation Of Interlocutory Appellate Procedure In Federal Courts, William Ernest Denham Iv Dec 2011

Kennedy V. St. Joseph’S Ministries, Inc.: The Fourth Circuit's Troubling Interpretation Of Interlocutory Appellate Procedure In Federal Courts, William Ernest Denham Iv

William Ernest Denham IV

In Kennedy v. St. Joseph’s Ministries, Inc., the Fourth Circuit held that a federal appellate court may properly permit appeals of certified, interlocutory dismissal orders under 28 U.S.C. § 1292(b) (“§1292(b)”)—even on matters of first impression—without the district court first addressing more routine grounds for dismissal. In interpreting this exception to the final-judgment rule, the court failed to heed “the cardinal principal” of judicial self-restraint that holds “that if it is not necessary to decide more, it is necessary not to decide more.” Moreover, the court did not address the legal or factual hurdles facing parties who seek or oppose …

Go to article

Tripartism In Ireland, Jon Foster Dec 2011

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

Go to article

Agrarian Reform And Philippine Political Development, Frede G. Moreno Dec 2011

Agrarian Reform And Philippine Political Development, Frede G. Moreno

Frede G Moreno

No abstract provided.

Go to article

Agrarian Reform And Philippine Political Development Agrarian Reform And Philippine Political Development, Frede G. Moreno, Susana Evangelista Leones Dec 2011

Agrarian Reform And Philippine Political Development Agrarian Reform And Philippine Political Development, Frede G. Moreno, Susana Evangelista Leones

Frede G Moreno

Landownership problem and control of resources remains as a political development issue in the Philippines. Agrarian reform is a necessary condition for agricultural modernization and rural industrialization and the fundamental mooring for global competition. Agrarian Reform has contributed to improvement of the socio-economic conditions of landless farmers and political development of the Philippines in terms of engaging the landless in the process of policy making and distribution of large private landholdings to the landless. Modalities giving peasants a stake in society such as decisive role in agrarian legislations, engaging them in dialogue to resolve agrarian cases, presenting manifesto pinpointing their …

Go to article

Between Law And Conscience: Jones V. Van Zandt (1847) And The Constitutional Obligation Of Obedience, Michael J.C. Taylor Dec 2011

Between Law And Conscience: Jones V. Van Zandt (1847) And The Constitutional Obligation Of Obedience, Michael J.C. Taylor

Michael J.C. Taylor

Article VI of the U.S. Constitution states categorically that “the Laws of the United States shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land.” In congruence with this clause several decisions of the U.S. Supreme Court have reaffirmed the sovereignty of the federal government in cases involving issues ranging from state sovereignty to personal actions. Yet, the Court’s decision in Jones v. Van Zandt (1847) was unique in its assertion that a citizen under the authority of the constitution …

Go to article

Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie Dec 2011

Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie

Keith P Freie

In 2010 the Missouri Attorney’s General’s Office created a Domestic Violence Task Force for the purpose of analyzing Missouri’s Domestic Violence laws. In 2011, the Missouri General Assembly enacted Senate Bill 320 which included several changes to Missouri’s domestic violence laws stemming from several recommendations from the Attorney General’s Task Force. While Missouri’s 2011 domestic violence law is a comprehensive solution to the many unaddressed needs of child and teen domestic violence victims, additional solutions need to be considered to fully address the problem. Those solutions may include creating special domestic violence and child abuse courts and creating educational programs …

Go to article

First Prev Next Last