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Full-Text Articles in Law

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian C. Juergensmeyer Jan 2017

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian C. Juergensmeyer

Publications

This article, will look at the relatively new Cape Town development charge initiative in a comparative perspective. Part I will discuss the U.S. experience with development charges, including examples both effective and less so. The aim in Part I will be to demonstrate the achievements and shortcomings of development charges - or impact fees, as they are most commonly called in the U.S. - as utilized in the U.S., which was an early adopter of such practices globally. Part I will also suggest areas in which Cape Town practitioners (of whatever kind, whether lawyers, urban planners, engineers and so on) …


Benefit Corporation Law, Mark J. Loewenstein Jan 2017

Benefit Corporation Law, Mark J. Loewenstein

Publications

This article compares the approaches to benefit corporation legislation, particularly the Model Legislation proposed by B Lab, on the one hand, and the Delaware and Colorado laws, on the other.


The Value Of The Restatement Of Employment Law, Based On 50-State Empirical Analyses And The Importance Of Clarifying Disputed Issues – But With Caveats About The Restatement’S Imperfect Work Product, Scott A. Moss Jan 2017

The Value Of The Restatement Of Employment Law, Based On 50-State Empirical Analyses And The Importance Of Clarifying Disputed Issues – But With Caveats About The Restatement’S Imperfect Work Product, Scott A. Moss

Publications

No abstract provided.


The Wages Of Genetic Entitlement: The Good, The Bad, And The Ugly In The Rape Survivor Child Custody Act, Jennifer S. Hendricks Jan 2017

The Wages Of Genetic Entitlement: The Good, The Bad, And The Ugly In The Rape Survivor Child Custody Act, Jennifer S. Hendricks

Publications

This Essay analyzes flaws and assumptions in the recently enacted Rape Survivor Child Custody Act. The RSCCA offers a window into the problems with defining parenthood in terms of genes instead of caretaking relationships, which is what led to the problem of rapists being able to claim parental rights in the first place. Rather than address that underlying defect in family law, the statute attempts a solution that might work if all rapists were strangers, all rapists were men, and all rape victims were women, but glosses over complicated problems of violence and coercion in relationships. Despite this failure to …