Law Commons^™

Beyond Napster: Debating The Future Of Copyright On The Internet - Introductory Remarks, Bruce A. Lehman, Andrew Pike

American University Law Review

No abstract provided.

Biographies Of Participants, American University Law Review

American University Law Review

No abstract provided.

Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan

Faculty Law Review Articles

This article discusses the need for articulated guidelines in Montana’s tenured teacher dismissal process. Part II chronicles the history of Baldridge II. Part III places Baldridge II in context by tracing the legal evolution of tenured teacher dismissals in Montana. Part IV critiques the Montana Supreme Court’s reasoning in Baldridge II. Finally, Part V offers suggestions for mitigating the inadequacies of Montana's tenured teacher dismissal process.

Comment: A Nation Of Felons?: Napster, The Net Act, And The Criminal Prosecution Of File-Sharing, Aaron M. Bailey

American University Law Review

No abstract provided.

Panel Three: New Business Models, Regulatory Options And The Future Of Copyright On The Internet, Joshua J. Kaufman, Ann Bartow, Edward J. Black, Philip S. Corwin, Brian Hecht, Keith Kupferschmid, Bennett Lincoff, David Pakman

American University Law Review

No abstract provided.

Panel Two: Which Legal Rules Control?: Evaluating Arguments, Timothy Casey, Peter Jaszi, Jeffrey G. Knowles, Brian Mudge, L. Ray Patterson, Laurence F. Pulgram

American University Law Review

No abstract provided.

Panel One: The Road To Napster: Internet Technology And Digital Content, Christine Haight Farley, Jonathan Band, George M. Borkowski, Shubha Ghosh, James H. Laughlin, Michael J. Madison, Declan Mccullagh, Peter K. Schalestock

American University Law Review

No abstract provided.

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob

Student Works (2000-2009)

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their …

The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus

Student Works (2000-2009)

This thesis is an articulate study on the modes of inference in the legal field. Observing the huge legacy left by early and modem jurists on Usul al-Fiqh, one would find that the rules promulgated to regulate the operation of Ijtihad appears vacillating between certainty and uncertainty. A thorough examination of the criteria set by jurists to determine the accuracy of the legal proofs suggests that every thing appears to have been comprehensively tackled except "Certainty". A lack of an adequate theorization for certainty in the legal field is exactly what has prompted us to venture into this thesis. This …

Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa

Student Works (2000-2009)

Kajian ini adalah berbentuk Library research. Tujuan utama adalah untuk melihat proses perjalanan politik mengikut kaca mata Islam dan juga menjelaskan beberapa kekeliruan umat Islam dalam isu politik. Kajian ini juga cuba mengulaskan beberapa isu pokok seperti isu pengundian, pembinaan parti Islam, membina negara Islam, menyertai pilihan raya, berbilangan jemaah, bekerja dalam kerajaan bukan Islam, proses penurunan pemimpin melalui kaedah demokrasi dan lain-lain. Kajian ini mengambil Said Hawwa sebagai asas kajian pemikiran. ini kerana penulis mendapati beliau adalah antara tokoh yang terlibat secara langsung dalam politik dan banyak menulis buku-buku yang berkaitan dengannya. Hal ini memudahkan penulis mendapat maklumat dan …

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar

Student Works (2000-2009)

The practice of " taklid " to mazhab Syafie in doing everyday religious activities has become a fonnality. not to mention as one of culture to the followers of Islam in this country. This phenomenon is a continuation from the influence of this mazhab which has been around since the existence of (slam in Malaysia. Hence. this research is done with the thought of looking at the true reality of taklid is accepted by Islam, especially in issue which are closely knitted with the religious issues, in addition to investigate its development among the Muslims, especially the Malays. Pertaining to …

An Evaluation On Project Financing Under Islamic Banking, Sugunadevi Arjunan

Student Works (2000-2009)

Although Islamic banking has been in operation fo r more than a decade in Malaysia, it's market share and growth seem to be quite limited and fa ll far short of earlier projection. This study attempts to investigate one type of Islamic banking product, that is project financing. The objectives of the study are to assess the current level of Islamic project financing and its associated growth, to identify problems faced in the implementation of Islamic project financing under the Mudharabah and Musyarakah concepts and to demonstrate with a real life case study the costs of financing under Islamic banking …

Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett

Faculty Scholarship

In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my origial premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. …

Peranan Sekuriti Hutang Islam (Ids) Dalam Pasaran Modal Di Malaysia, Asmak Ab. Rahman

Student Works (2000-2009)

This research is a comparative study of debt securities in the capital market which play a vital role in economic development. The aim of the study is to highlight the roles of Islamic debt securities or lsamic bond in Malaysian capital market which could be operationalized as an alternative to the conventional debt securities. The former operates in accordance with legal principles of Islamic commercial law such as bay' af-murabahah and bay' al-dayn. The study concludes that Islamic debt securities have an Islamic task as an alternative in the development of capital market in Malaysia.

Tanah Rizab Melayu Di Wilayah Persekutuan Kuala Lumpur : Satu Kajian Kes Terhadap Aspek Perumahan Di Kampung Dato' Keramat, Ani Ahmad

Student Works (2000-2009)

Malay Reservation land (MRL) was introduced in t he Malaya during the British administration. The first Malay Reservation Land Enactment was enacted in 1913. The main objective of the reservation was to protect Malay lands from falling into the hands of non-Malay. However, because of the rapid development and urbanisation, the existence of MRL located in the heart of Kuala Lumpur was left backward from development. The main characteristic of these area was only a medium Malay housing area. Kampung Dato' Keramat strategically MRL area located after Kampung Baru facing the same fate. These MRL was identify by various housing …

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …

Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler

Faculty Scholarship

Normative scholarship about regulation has been dominated by two types of theories, which I term "Neoclassical" and "Proceduralist." A Neoclassical theory has the following features: it adopts a simple preference-based view of well-being, and it counts Kaldor-Hicks efficiency as one of the basic normative criteria relevant to the evaluation of regulatory programs. A Proceduralist theory is concerned, not solely with the quality of regulatory outcomes, but also with the governmental procedures that produce these outcomes: it gives intrinsic significance to the procedures that regulatory bodies follow. (One example of a Proceduralist theory is the civic republican theory of regulation advanced …

Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further, preferences may …

Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler

Faculty Scholarship

An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.

This paper attempts to provide a …

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin

Student Works (2000-2009)

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that …

Employees Provident Fund : A Study On The Adequacy Of Benefits Provided To Its Members, Devadoss Doraisamy

Student Works (2000-2009)

The purpose of this study is to examine the adequacy of benefits provided by the Employees Provident Fund to its members. A sample of 21,722 members who have attained the age of 54 years and actively contributing to the fund were selected for the study. The study shows that the old age retirement benefit scheme provided by the Employees Provident Fund to its members is grossly inadequate and does not meet to the standard established by the I LO convention No.102 of 1952 on replacement income retirees. The study concludes that the Employees Provident Fund should review the numerous pre …

Fox Hunting, Pheasant Shooting And Comparative Law, Alan Watson, Khaled Abou El Fadl

Scholarly Works

The Roman jurists, ancient rabbis and Muslim jurists were very different people. Above all, the rabbis and Muslim jurists were engaged on a search for law as truth. And the Roman jurists were much more obviously upper-class gentlemen.91 But the similarities are great. All three had a passion for legal interpretation. They delighted in discussing hypothetical cases. They chased after solutions by ways of reasoning devised by themselves. Practical utility, while present, was in the background. At times, to outsiders, their opinions seem outr6, even callous, remote from reality. They have little interest in what actually happens in court: their …

A History Of British Columbia Legal Education, W. Wesley Pue

All Faculty Publications

This paper explores the history of legal education in twentieth century British Columbia. The period covers the transition from qualification by apprenticeship to the foundation of Canada's first post-WWII Faculty of Law - the beginning of modern legal education in Canada. Issues addressed include the moral vision of legal education, gender and the legal profession (the admission of women lawyers), race-based exclusions, the question of whether communists could be qualified as lawyers, and the evolution of legal curriculum from the age of moral reform to the era of narrowly technocratic notions of legal knowledge.

Territoriality, Aboriginal Rights, And The Heiltsuk Spawn-On-Kelp Fishery, Douglas C. Harris

All Faculty Publications

In 1988, the Department of Fisheries and Oceans ("DFO') charged two Heiltsuk brothers with attempting to sell herring spawn-on-kelp without a J-license. In 1989, the Heiltsuk Tribal Council initiated legal action to compel the DFO to issue it additional J-licenses and to recognize Heiltsuk jurisdiction to manage the fishery in their traditional territory on the central coast. An analysis of these cases and of the historical regulation of the herring spawn fisheries reveals a continuing conflict between the state and a First Nation over a fishery and over the legitimacy of increasingly intertwined legal systems. The Heiltsuk defense of their …

Charitable Contributions And The Personal Income Tax: Evaluating The Canadian Credit, David G. Duff

All Faculty Publications

The last fifteen years have witnessed significant changes in the way that charitable contributions by individuals are treated under the Canadian Income Tax Act. The most significant of these changes involves the conversion in 1988 of what had previously been a deduction for charitable contributions whereby the value of the tax benefit depends on the donor?s level of income, into a tax credit under which the value of this benefit depends on the total amount of charitable contributions claimed in the particular taxation year. As a result of this amendment, Canada has become the only developed country that recognizes charitable …

Disability And The Income Tax, David G. Duff

All Faculty Publications

The federal Income Tax Act contains an extensive number of provisions addressing the taxation of families with disabled persons. These provisions, however, have been the subject of a series of ongoing incremental adjustments, and do not reflect a comprehensive and coherent approach to the taxation of these individuals in light of their unique financial circumstances. This article considers the existing income tax provisions regarding families with disabled persons, analyzing the relationship between disabilities and appropriate tax liabilities, and providing suggestions for reform of the current tax structure. Focussing on the goals of tax policy narrowly defined as compared to the …

The Chicago Conspiracy Trial: Character And Judicial Discretion, Pnina Lahav

Faculty Scholarship

On October 29, 1969, sometime after two o'clock in the afternoon, following yet another heated exchange with defendant Bobby Seale in a courtroom full of spectators, reporters, and armed guards, Judge Julius Jennings Hoffman turned to a marshal and ordered: "Take that defendant into the room in there and deal with him as he should be dealt with in this circumstance."' Judge Hoffman described the aftermath:

In an attempt to maintain order in the courtroom, the Court thereupon ordered the defendant Seale removed from the courtroom at which time he was forcibly restrained by binding and gagging. The defendant Seale …

Unbending Gender: Why Work And Family Conflict And What To Do About It, Joan Williams, Jamie Boyle, Adrienne Davis, Martha Ertman, Nancy Polikoff, Katharine B. Silbaugh, Lucie White, Susan Carle, Leti Volpp

Faculty Scholarship

PROCEEDINGS PROFESSOR WILLIAMS: I am going to talk fast, and talk short as an introduction to this panel. First, just a very few words about the norm of parental care. The goal-my goal, anyway, in using the norm of parental care which, of course, started out really as the norm of mother care-is to try to use the momentum of domesticity to bend our current gender to use the norm of parental care as a way of democratizing access to domesticity, which has always been classbased.

Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.