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2012

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Articles 1 - 30 of 103

Full-Text Articles in Law

December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz Dec 2012

December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, God Has Not Called Them Home“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz Dec 2012

December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heller is Good News for Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz Dec 2012

December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz

Hallowed Secularism

Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz Dec 2012

December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Challenge From Religious Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 5, 2012: Is Abortion Next?, Bruce Ledewitz Dec 2012

December 5, 2012: Is Abortion Next?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Abortion Next?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz Nov 2012

November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz Nov 2012

November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Corporations Do Not Have Religious Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz Nov 2012

November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Repeal Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson Nov 2012

The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In April of this year the US State Department released a new version of its model bilateral investment treaty (BIT). This text, like the various models the US has used over roughly the past 3 decades, represents the US’s basic policy position when it starts negotiations on investment treaties with other countries, and is therefore an important benchmark for the outcome US investors might hope for as a result of ongoing and potential future talks with countries such as China, Russia, and India. Overall, this new model text follows the approach taken by the US in its investment treaties over …


Intra-African Investment – A Pressing Issue, Lise Johnson, Shawn Pelsinger Nov 2012

Intra-African Investment – A Pressing Issue, Lise Johnson, Shawn Pelsinger

Columbia Center on Sustainable Investment Staff Publications

Intra-African investment is a critical source of growth for the continent, but is often overlooked. Africa Investor, together with the Vale Columbia Center on Sustainable Investment, reveals intra-African foreign direct investment is a rapidly growing phenomenon.


Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling Nov 2012

Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

The Government of Timor-Leste invited the Earth Institute and CCSI to advise on the sustainable management and use of oil resources, in order to achieve higher living standards and sustainable development. One component of the project included the preparation of a sector study that assesses whether the Government can rely on agriculture, tourism and the petrochemical sectors to achieve its long term GDP growth and employment targets.


The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar Nov 2012

The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar

Senior Honors Theses

The history of the Cherokee people with the advent of white settlers in North America is a sad one. Long before Christopher Columbus set foot in the ‘new world’ the Cherokee people were free to live and conduct their relations with each other and with other tribes as they saw fit. With the emergence of foreign hegemony over Native soil followed the suppression and eventual removal of the Cherokee people from their homeland where they had resided for hundreds of years to a reserved area where they would be out of the way of white progression. This thesis proposes to …


Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino Oct 2012

Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino

FIMS Presentations

No abstract provided.


Inching Towards Consensus: An Update On The Uncitral Transparency Negotiations, Lise Johnson Oct 2012

Inching Towards Consensus: An Update On The Uncitral Transparency Negotiations, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

From October 1-5, 2012, a working group of the United Nations Commission on International Trade Law (UNCITRAL) met in Vienna to continue work on how to ensure transparency in treaty-based investor-state arbitration. It was the working group’s fifth week-long meeting on the topic, but will not be the last. Although some issues were settled, many very significant ones remain contentious, and will be picked up again by the working group when it meets in February 2013.


States' Rights Apogee, 1760-1840, Ryan Setliff Oct 2012

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …


Fortify Yourself, George Kuney, Telford Fogerty, Devin Lyon Oct 2012

Fortify Yourself, George Kuney, Telford Fogerty, Devin Lyon

College of Law Faculty Scholarship

No abstract provided.


Tunisia: Springtime For Defamation Of Religion, Robert C. Blitt Oct 2012

Tunisia: Springtime For Defamation Of Religion, Robert C. Blitt

Scholarly Works

No abstract provided.


Foreword, Joan Macleod Heminway Oct 2012

Foreword, Joan Macleod Heminway

Scholarly Works

No abstract provided.


Fortify Yourself, George Kuney Oct 2012

Fortify Yourself, George Kuney

Scholarly Works

No abstract provided.


The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika Sep 2012

The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika

Law Faculty Articles and Essays

This article will examine issues as they relate to the privacy of employees’ lives given that nearly everything can be discovered by some form of electronic monitoring. It will posit that most laws as they exist today do little to apprise either the employer or the employee as to what type of electronic monitoring of personal communications is acceptable. It will further propose that most employer policies related to scrutinizing employee electronic communications are vague and unsuitable. The article will conclude that, given the leeway employers tend to be given (often justifiably so) in monitoring employees there is little chance …


Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano Sep 2012

Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In light of the recent boom in natural resource prices, India is one of them many countries facing heightened scrutiny of the allocation and terms of their resource deals. In India, that scrutiny has uncovered a multi-billion dollar controversy over coal block allocations that has gridlocked Parliament. More generally, citizens in resource-producing countries around the world are asking whether the public is getting a fair value for their countries resources, or whether investors and politicians are walking away with the prize. Finally, the important questions are being asked: how should resources be managed to ensure that they benefit the citizenry, …


Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano Sep 2012

Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for power infrastructure.


Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang Sep 2012

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common …


August 24, 2012: Abortion And Rape, Bruce Ledewitz Aug 2012

August 24, 2012: Abortion And Rape, Bruce Ledewitz

Hallowed Secularism

Blog post, “Abortion and Rape“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review Jul 2012

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.


Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy Jul 2012

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).


Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance Jul 2012

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …


July 1, 2012: The Significance Of The Obamacare Decision, Bruce Ledewitz Jul 2012

July 1, 2012: The Significance Of The Obamacare Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Significance of the Obamacare Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton Jul 2012

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.


System Adjustments, Brendan S. Maher Jul 2012

System Adjustments, Brendan S. Maher

Faculty Scholarship

This invited Essay considers the future of law data and system reform.