Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 301 - 330 of 9681

Full-Text Articles in Law

Foreword, Francesca Bignami Dec 2004

Foreword, Francesca Bignami

Law and Contemporary Problems

No abstract provided.


Forms Of European Administrative Action, Mario P. Chiti Dec 2004

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.


Judicial Review Of European Administrative Procedure, Jurgen Schwarze Dec 2004

Judicial Review Of European Administrative Procedure, Jurgen Schwarze

Law and Contemporary Problems

Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.


The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez Dec 2004

The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez

Law and Contemporary Problems

Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.


The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea Dec 2004

The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea

Law and Contemporary Problems

Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.


Administrative Proceedings Involving European Agencies, Edoardo Chiti Dec 2004

Administrative Proceedings Involving European Agencies, Edoardo Chiti

Law and Contemporary Problems

Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.


Glossary Dec 2004

Glossary

Law and Contemporary Problems

No abstract provided.


Note From The Editor Dec 2004

Note From The Editor

Alaska Law Review

No abstract provided.


The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein Dec 2004

The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein

Alaska Law Review

No abstract provided.


Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower Dec 2004

Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower

Alaska Law Review

No abstract provided.


The Remote Site Doctrine In Alaska, Joseph A. Kalamarides Dec 2004

The Remote Site Doctrine In Alaska, Joseph A. Kalamarides

Alaska Law Review

No abstract provided.


Alaska’S Merit Selection For Judges, Susie M. Dosik Dec 2004

Alaska’S Merit Selection For Judges, Susie M. Dosik

Alaska Law Review

No abstract provided.


The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi Dec 2004

The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi

Alaska Law Review

No abstract provided.


Journal Staff Dec 2004

Journal Staff

Alaska Law Review

No abstract provided.


1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas Dec 2004

1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas

Duke Law & Technology Review

Electronic monitoring in the workplace has been the subject of relentless public criticism. Privacy advocates argue that technological advancements have given overbearing employers powerful tools to abuse employee dignity in the name of productivity and that new legislation should bolster workplace privacy rights. This iBrief contends that current U.S. legal doctrine governing electronic monitoring in the workplace is fair given the nature and purpose of the workplace, and potential employer liability for employee misconduct.


Nelson Ferebee Taylor, Thomas Lee Hazen Dec 2004

Nelson Ferebee Taylor, Thomas Lee Hazen

North Carolina Law Review

No abstract provided.


Regulatory Copyright, Joseph P. Liu Dec 2004

Regulatory Copyright, Joseph P. Liu

North Carolina Law Review

No abstract provided.


The Federal Seizure Of Attorneys' Fees In Criminal Forfeiture Actions And The Threat To The American System Of Criminal Defense, Brian Fork Dec 2004

The Federal Seizure Of Attorneys' Fees In Criminal Forfeiture Actions And The Threat To The American System Of Criminal Defense, Brian Fork

North Carolina Law Review

No abstract provided.


High Steaks: Defending North Carolina's Response To Contagious Animal Diseases, Andrew H. Nelson Dec 2004

High Steaks: Defending North Carolina's Response To Contagious Animal Diseases, Andrew H. Nelson

North Carolina Law Review

No abstract provided.


Awakening The Moral Consciousness: On The Numbing Of The Conscience Of A Nation, Little V. West Dec 2004

Awakening The Moral Consciousness: On The Numbing Of The Conscience Of A Nation, Little V. West

North Carolina Law Review

No abstract provided.


Property As Legal Knowledge: Means And Ends, Annelise Riles Dec 2004

Property As Legal Knowledge: Means And Ends, Annelise Riles

Cornell Law Faculty Publications

This article takes anthropologists’ renewed interest in property theory as an opportunity to consider legal theory-making as an ethnographic subject in its own right. My focus is on one particular construct – the instrument, or relation of means to ends, that animates both legal and anthropological theories about property. An analysis of the workings of this construct leads to the conclusion that rather than critique the ends of legal knowledge, the anthropology of property should devote itself to articulating its own means.


Why We Write: Reflections On Legal Scholarship, Emily Sherwin Dec 2004

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore Dec 2004

Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore

Faculty Scholarship

Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …


No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin Dec 2004

No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin

William & Mary Law Review

No abstract provided.


Why Are There Four Hegelian Judgments?, David G. Carlson Dec 2004

Why Are There Four Hegelian Judgments?, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

The article explores why Hegel's philosophy, typically structured in triads, includes four judgments instead of three. It argues that the four judgments—existence, reflection, necessity, and notion—are necessary to account for the external reflection or "silent fourth," a hidden element influencing the system. This structure deviates from Hegel's usual triadic approach to incorporate an essential mediator, crucial for his logical framework.


Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady Dec 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler Dec 2004

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.


Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall Dec 2004

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

BYU Law Review

No abstract provided.