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Articles 1771 - 1800 of 9707
Full-Text Articles in Law
Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski
University of Miami Inter-American Law Review
No abstract provided.
With The First Pick In The 2004 Nfl Draft, The San Diego Chargers Select... ?: A Rule Of Reason Analysis Of What The National Football League Should Have Argued In Regards To A Challenge Of Its Special Draft Eligibility Rules Under Section 1 Of The Sherman Act, Justin Mann Ganderson
University of Miami Business Law Review
No abstract provided.
The Phosphorus Standard And Everglades Restoration: Will This Standard Lower Phosphorus In The Everglades Or Is The Proposed Standard A Hollow Promise?, Robert Malinoski
The Phosphorus Standard And Everglades Restoration: Will This Standard Lower Phosphorus In The Everglades Or Is The Proposed Standard A Hollow Promise?, Robert Malinoski
University of Miami Business Law Review
No abstract provided.
Sag And Aftra: The Case For Merger Of The Entertainment Unions, Dr. Sharlene A. Mcevoy, William Windom
Sag And Aftra: The Case For Merger Of The Entertainment Unions, Dr. Sharlene A. Mcevoy, William Windom
University of Miami Business Law Review
No abstract provided.
Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi
Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi
Faculty Publications
Challenging scholars of both colonial history and globalization, Lauren Benton's Law and Colonial Cultures argues that state-centered legal orders emerged as a result of the presence of colonial powers, both European and non-European. She describes how the colonial state developed through jurisdictional conflicts between native judicial systems and colonial legal systems.
Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule
Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule
Faculty Publications
For decades, multinational businesses have self-regulated their operations with respect to human rights, largely unfettered by international law. In recent years, however, human rights groups have advocated that the United Nations (“UN”) create clear legal obligations for multinationals respecting their human rights-related conduct. At least partly due to the substantial burden such obligations could place on international businesses, these efforts by human rights proponents have proven largely fruitless--until now.On August 13, 2003, the UN Sub-commission on the Promotion and Protection of Human Rights adopted the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human …
Is The President Bound By The Geneva Conventions?, Derek Jinks, David Sloss
Is The President Bound By The Geneva Conventions?, Derek Jinks, David Sloss
Public Law and Legal Theory Working Papers
The United States is party to several treaties that regulate the conduct of war, including the 1949 Geneva Conventions on the Protection of War Victims. These treaties require belligerent states, as a matter of international law, to accord fair and humane treatment to enemy nationals subject to their authority in time of war. Moreover, these treaties are, as a matter of domestic law, part of the Supreme Law of the Land. The scope and content of the Conventions have assumed central importance in debates about U.S. policy toward al Qaeda and Taliban detainees held at Guantanamo Bay, Cuba. Indeed, several …
Family And Medical Leave For The 21st Century?: A First Glance At California's Paid Family Leave Legislation, Jennifer Thompson
Family And Medical Leave For The 21st Century?: A First Glance At California's Paid Family Leave Legislation, Jennifer Thompson
University of Miami Business Law Review
No abstract provided.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
South Carolina Law Review
No abstract provided.
The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles
The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles
South Carolina Law Review
No abstract provided.
Role Of Judges In Secret Judgments, Abner J. Mikva
Role Of Judges In Secret Judgments, Abner J. Mikva
South Carolina Law Review
No abstract provided.
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
Family Court Files: A Treasure Trove For Identity Thieves, Melissa F. Brown
South Carolina Law Review
No abstract provided.
The Vanishing Trial Report, John M. Lande
The Vanishing Trial Report, John M. Lande
Faculty Publications
Some in the alternative dispute resolution community are afraid that ADR will be blamed for the apparent disappearance of trials. A close look at the data, however, suggests that changing patterns of litigation are not necessarily bad and that the growth of ADR is probably as much a result of these changes as a cause of them.
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen
Campbell Law Review
This article will begin with a quick description of the historical origins of the speedy trial right and the events marking its quiet evolution into a hallmark of our criminal justice system. It will then move into a discussion of the decisions articulating principles of new federalism which require that state courts defer to the federal interpretations of fundamental rights, before discussing of the controlling Supreme Court cases fashioning the test by which violations of the right are measured. Next, this article will showcase the critical differences between Spivey and Barker to demonstrate why North Carolina's speedy trial test intrudes …
Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann
Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann
Inside UNLV
No abstract provided.
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
University of Miami Inter-American Law Review
No abstract provided.
Creating Hope For Child Victims Of Domestic Violence In Political Asylum Law, Annette Lopez
Creating Hope For Child Victims Of Domestic Violence In Political Asylum Law, Annette Lopez
University of Miami Inter-American Law Review
No abstract provided.
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
The Dangerous Allure Of The Issue Class Action, Laura J. Hines
The Dangerous Allure Of The Issue Class Action, Laura J. Hines
Indiana Law Journal
No abstract provided.
The Death Of Offers, Val D. Ricks
Monetary And Regulatory Hobbling: The Acquisition Of Real Property By Public Institutions Of Higher Education In Florida, Carol L. Zeiner
Monetary And Regulatory Hobbling: The Acquisition Of Real Property By Public Institutions Of Higher Education In Florida, Carol L. Zeiner
University of Miami Business Law Review
No abstract provided.
Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.
The Death Penalty And Due Process In Biblical Law, Richard H. Hiers
The Death Penalty And Due Process In Biblical Law, Richard H. Hiers
UF Law Faculty Publications
The first part of this article reviews biblical texts that have been (or could plausibly be) read as condemning or repudiating capital punishment. The next, and necessarily more detailed and extensive part, discusses the many texts that explicitly call for, or illustrate application of the death penalty. This section also describes the different prescribed methods for executing offenders, identifies the persons assigned responsibility for carrying out executions, and examines biblical rationales for capital punishment A third part describes a variety of biblical provisions that, using modern legal terminology, may be said to afford certain due process procedures and protections. The …
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
UF Law Faculty Publications
There can be a certain politeness to legal challenges to "Don't Ask, Don't Tell," the congressional policy that attempts - fitfully, incompletely, and arbitrarily - to exclude gay citizens from both the responsibilities and privileges of military service.' We consider whether the military has articulated a "rational basis" for the policy – some explanation of the military's belief that it is at least rational (as opposed to irrational) to classify servicemembers as straight or gay and accept or reject them accordingly, all in the interest of military effectiveness. We accept the fact that judges assume there is a need for …
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
UF Law Faculty Publications
The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important, but I …
Haitian Refugees And The Rule Of Law, Irwin P. Stotzky
Ballot Access Restrictions In Representative Government: An Ode To The Wasted Vote, Carmen Mosley-Sims
Ballot Access Restrictions In Representative Government: An Ode To The Wasted Vote, Carmen Mosley-Sims
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Separation Of Powers—Restoring The Constitutional Formula To The Federal Judicial Appointment Process: Taking The Vice Out Of "Advice And Consent", Jason Eric Sharp
University of Arkansas at Little Rock Law Review
No abstract provided.