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Articles 4021 - 4050 of 4169
Full-Text Articles in Law
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Articles & Book Chapters
No abstract provided.
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …
Remembering Oscar Schachter, Lori Fisler Damrosch
Remembering Oscar Schachter, Lori Fisler Damrosch
Faculty Scholarship
In this issue of the Columbia Law Review and also in the pages of journals that specialize in international and transnational law,' my colleagues and I celebrate the professional accomplishments of Oscar Schachter as a superlative scholar and public servant, as well as his qualities as a human being. Here, I will speak mainly in the personal rather than professional voice. One of the reasons I want to reminisce rather than eulogize is the very impossibility of putting the proper frame on the superlatives.
A New Time For Denominators - Toward A Dynamic Theory Of Property In The Regulatory Takings Relevant Parcel Analysis, Danaya C. Wright
A New Time For Denominators - Toward A Dynamic Theory Of Property In The Regulatory Takings Relevant Parcel Analysis, Danaya C. Wright
UF Law Faculty Publications
This Article explores the question of how the courts should calculate the denominator in the just compensation equation. The denominator is the amount of property a claimant owns, against which the effects of regulation will be measured. If a landowner owns a single acre that is severely regulated, the takings fraction for the amount of property taken compared to that owned will approach one. If, on the other hand, the landowner owns 100 acres and only one is regulated, the amount of harm is only 1% in comparison to the total amount owned. This Article advocates a paradigm shift in …
The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel
Articles & Book Chapters
When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …
Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron
Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron
Articles & Book Chapters
The article identifies and explains a double standard in the Supreme Court of Canada jurisprudence. The contrast is between the open court jurisprudence, which is a model of good constitutional governance – or principled decision making – and the Court’s s.2(b) methodology, which is “anarchistic” or capricious and undisciplined, in the sense of this article. Two landmark cases decided in 2004 illustrate the double standard: the first is Re Vancouver Sun, [2004] 2 S.C.R. 332, which dealt with the open court principle under Parliament’s anti-terrorism provision for investigative hearings, it represents a high water mark for open court and s.2(b) …
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Faculty Scholarship
This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …
The Case For Tradable Remedies In Wto Dispute Settlement, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
The Case For Tradable Remedies In Wto Dispute Settlement, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
Faculty Scholarship
In response to concerns over the efficacy of the WTO dispute settlement system, especially in regard to its use by developing countries, Mexico has tabled a proposal to introduce tradable remedies within the Dispute Settlement Understanding. The idea is that a country that has won cause before the WTO, and who is facing non-implementation by the author of the illegal act but feels that its own capacity to exercise its right to impose countermeasures is unlikely to lead to compliance, can auction off that right. The attractiveness of this idea is that it offers an additional possibility to injured WTO …
The Courts Of Westminster Hall In The Eighteenth Century, Douglas Hay
The Courts Of Westminster Hall In The Eighteenth Century, Douglas Hay
Articles & Book Chapters
No abstract provided.
Hijacking Chapter 11, George Kuney
Hijacking Chapter 11, George Kuney
College of Law Faculty Scholarship
No abstract provided.
Summary Of Castle V. Simmons, 120 Nev. Adv. Rep. 15, Mike Feliciano
Summary Of Castle V. Simmons, 120 Nev. Adv. Rep. 15, Mike Feliciano
Nevada Supreme Court Summaries
Appeal of an order modifying custody of parties’ children.
Summary Of Desert Fireplaces Plus, Inc. V. Eighth Judicial Dist. Court, 120 Nev. Adv. Op. 70, Hilary Barrett Muckleroy
Summary Of Desert Fireplaces Plus, Inc. V. Eighth Judicial Dist. Court, 120 Nev. Adv. Op. 70, Hilary Barrett Muckleroy
Nevada Supreme Court Summaries
Petition for a writ of mandamus challenging a district court order denying a motion to dismiss in a construction defect action.
Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds
Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds
Nevada Supreme Court Summaries
Employers Desert Valley Construction and Employers Insurance Company of Nevada (EICN) appealed from an order denying their petition for judicial review of a workers’ compensation award in favor of respondent Keith Hurley.
Summary Of Durango Fire Protection V. Troncoso, Christina H. Wang
Summary Of Durango Fire Protection V. Troncoso, Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a district court order denying defendant’s motion to set aside a judgment arising out of a breach of contract action.
Summary Of Flynn V. Flynn, 120 Nev. Adv. Op. No. 49, Kirk Reynolds
Summary Of Flynn V. Flynn, 120 Nev. Adv. Op. No. 49, Kirk Reynolds
Nevada Supreme Court Summaries
Terri Flynn appealed a denial from a post-divorce decree denying her permission to relocate with the parties’ minor child to California for the purpose of Terri pursuing an associate’s degree in theology.
Summary Of Guardianship Of L.S. And H.S V. Valley Hospital, 120 Nev. Adv. Rep. 18, James Davis
Summary Of Guardianship Of L.S. And H.S V. Valley Hospital, 120 Nev. Adv. Rep. 18, James Davis
Nevada Supreme Court Summaries
The parents of a minor child appealed the appointment of temporary guardianship of their child to the hospital administrator and hospital. Valley Hospital petitioned the court because the parents of the minor child refused to consent to a blood transfusion, required as a life saving measure, for religious reasons.
Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner
Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner
Nevada Supreme Court Summaries
This case was an appeal and cross-appeal dealing with Nevada’s Uniform Arbitration Act and the scope of judicial review of an arbitration award.
Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy
Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy
Nevada Supreme Court Summaries
Appeal from a district court order dismissing appellant’s breach of contract claim and awarding attorney’s fees and costs to respondent.
Summary Of Martinez V. State, Scott Whittemore
Summary Of Martinez V. State, Scott Whittemore
Nevada Supreme Court Summaries
Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.
Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley
Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley
Nevada Supreme Court Summaries
Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …
Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano
Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano
Nevada Supreme Court Summaries
Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …
Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore
Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore
Nevada Supreme Court Summaries
Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.
Summary Of Stratosphere Gaming Corp. V. Las Vegas, 120 Nev. Adv. Rep. 59, Z. Ryan Pahnke
Summary Of Stratosphere Gaming Corp. V. Las Vegas, 120 Nev. Adv. Rep. 59, Z. Ryan Pahnke
Nevada Supreme Court Summaries
Appeal challenging the Las Vegas City Council’s denial of Stratosphere’s site development plan application to develop a proposed ride. Stratosphere petitioned the district court for a writ of mandamus which was denied and filed a complaint for declaratory relief which was dismissed.
Summary Of Traffic Control Services V. United Rentals, 120 Nev. Adv. Rep. 19, Christopher Carson
Summary Of Traffic Control Services V. United Rentals, 120 Nev. Adv. Rep. 19, Christopher Carson
Nevada Supreme Court Summaries
Philip A. Burkhardt and his employer, Traffic Control Services (Traffic Control) appealed the issuance of a preliminary injunction enforcing a noncompetiton covenant in favor of United Rentals (United), the purchaser of the corporate assets of NES Trench Shoring (NES), Burkhardt’s former employer. The main issue on appeal was Burkhardt’s contention that the covenant not to compete he made with NES could not be assigned during a corporate sale absent some consideration. Burkhardt, Traffic Control, United, and NES all specialize in renting and selling trench shoring equipment to underground construction contractors in the greater Las Vegas area. During 1999 and 2000 …
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment to trustee for bond amount after principal, employer of union workers, failed to pay requisite contributions and filed for bankruptcy.
A Matter Of Perspective, Penny White
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Pms Hahacronym: Perpetuating Male Superiority, Becky Jacobs
Pms Hahacronym: Perpetuating Male Superiority, Becky Jacobs
College of Law Faculty Scholarship
PMS HAHAcronym: Perpetuating Male Superiority is not a rant. Rather, it describes PMS, the acronym for premenstrual syndrome, including its historical treatment and development in the medical and psychological establishments, and considers PMS in various legal settings. It also evaluates PMS as a rather astounding cultural phenomenon and considers the possible consequences of this enculturalization.
Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney
Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney
College of Law Faculty Scholarship
No abstract provided.