Law Commons^™

Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young

BYU Law Review

No abstract provided.

Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough

BYU Law Review

No abstract provided.

Compounding The Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can The International Criminal Court Provide A Solution?, John B. Fowles

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

The Rules Of The Road: Federal Common Law And Aiding And Abetting Under The Alien Tort Claims Act, Paul L. Hoffman, Daniel A. Zaheer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Four Common Misconceptions About Copyright Piracy, Peter K. Yu

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Jurisdiction To Tax Income And Consumption In The New Economy: A Theoretical And Comparative Perspective, Walter Hellerstein

Scholarly Works

The collection of rules that falls under the rubric of "jurisdiction to tax" has aptly been described as "a body of law in search of a theory." Although this Article lays no claim to advancing such a theory, it does seek to provide a broad theoretical perspective on jurisdiction-to-tax issues raised by income and consumption taxation in the new economy. It is designed to suggest ways of thinking about the fundamental questions involved, questions that are often obscured by a preoccupation with the application of specific jurisdiction-to-tax rules to individualized fact patterns in particularized contexts. In short, this Article is …

Volume 28, No. 1

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Cheryl Woznica, Shawn Tock, Jon Krashinsky, Andrea Huckins

Terrorism, War And Justice: The Concept Of The Unlawful Enemy Combatant, George C. Harris

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Symposium Introduction: Scholarship As Evidence Of International Law, William J. Aceves

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Defining Sustainable Development After Earth Summit 2002, Hari M. Osofsky

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Some Remarks On The Use Of Force Against Terrorism In Contemporary International Law And The Role Of The Security Council, Jaume Saura

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Corporate Liability For Conduct Of A Foreign Government: The Ninth Circuit Adopts A Reason To Know Standard For Aiding And Abetting Liability Under The Alien Tort Claims Act, Edwin V. Woodsome Jr., T. Jason White

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Future Of Online Privacy: A Proposal For International Legislation, Joann M. Wakana

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

United Nations Sanctions After Iraq: Looking Back To See Ahead, Christopher C. Joyner

Chicago Journal of International Law

The UN's thirteen-year-old sanctions regime against Iraq marked a watershed development in the application of economic coercion by the United Nations. These measures-the most extensive and most prolonged ever applied by the United Nations-became the most economically devastating on their targeted citizenry, as well as the most politically controversial among human rights advocates. Given these circumstances, it is useful to assess both the impact of these sanctions on the economy and society of Iraq and the lawfulness of Security Council sanctions application in light of international humanitarian law. From this analysis we should be able to gauge what implications flow …

An Issue Of Absolution: Section 391 Of The Companies Act, Pearlie Koh

Research Collection Yong Pung How School Of Law

There is an obvious tension in the imposition of directors’ duties. Whilst directors being the management, and therefore the eyes, ears and brain of the corporate person, must be given sufficient discretion to take on entrepreneurial (and hence risky) ventures with a view to profit maximisation, there is also the need to curb excesses, as the potential or opportunity for mismanagement, negligence and fraud is omnipresent. [T]his short article considers section 391 of the Companies Act (Cap 50), arguably the statutory nemesis of directors’ duties. Section 391 gives jurisdiction to the court hearing the case to relieve an officer from …

Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This article examines the management of Chinese identity and culture since Singapore attained independence in 1965. Due to the delicate regional environment, ethnic Chinese identity has been closely managed by the ruling elites, which have been dominated by the English-educated Chinese. There is the evolution from a deliberate policy of maintaining a low-key ethnic Chinese profile to the recent effort to re-sinicize--in form--the majority ethnic group. The article examines the policy impulses and implications for such a landmark change in reconceptualizing the Chinese-Singapore identity, which can be attributed to the needs of regime maintenance buttressed by Confucian ethos as well …

The Judiciary Is A They, Not An It: Two Fallacies Of Interpretive Theory, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

Accommodating Emergencies, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

The Several Lives Of Mickey Mouse: The Expanding Boundaries Of Intellectual Property Law, Ben Depoorter

ExpressO

No abstract provided.

Trends. The Federal Bureau Of Investigation Reform Act Of 2003 (S.1440): A Polygraph Update, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses The Federal Bureau of Investigation Reform Act of 2003 (S.1440), and the continuing popularity of the polygraph with security bureaucracies.

Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal

Nevada Supreme Court Summaries

General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.

Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order applying the statutory homestead exemption to a debtor’s real property.

Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a judgment of conviction and sentence entered after a guilty plea.

Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal

Nevada Supreme Court Summaries

General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.

Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang

ExpressO

This Article advances the thesis that real options are not only ubiquitous in law, but also provide novel insights about legal decision making, doctrines and rules. An introduction provides a brief a primer about financial options, real options, and real options in law. Part I of this Article develops implications of the fact that every lawsuit contains a sequence of real options for the plaintiff to unilaterally abandon that lawsuit. Part II of this Article appraises the limitations of game-theoretic analysis of the abandonment options embedded in litigation and some responses to such limitations. Part III of this Article illustrates …

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.

No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren

ExpressO

While there is widespread agreement that it is better for cases to settle than go to trial, the arguments in favor of settlement have typically overlooked how settlement affects one of the most important functions of the legal system: influencing the behavior that gives rise to lawsuits. This essay argues that, in some cases, settlement can impair the ability of the legal system to deter harmful behavior without chilling desirable behavior. Where it exists, this effect is a fundamental property of settlement in that there is no way to change other legal rules to eliminate it. Because settlements also have …