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2005

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Articles 31 - 60 of 10092

Full-Text Articles in Law

What Constitutes A Package Or Unit For The Purpose Of Determining The Package Limitation In Carriage Of Goods By Sea Cogsa?, Fodil Tighilt Dec 2005

What Constitutes A Package Or Unit For The Purpose Of Determining The Package Limitation In Carriage Of Goods By Sea Cogsa?, Fodil Tighilt

World Maritime University Dissertations

No abstract provided.

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Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert Dec 2005

Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert

Nevada Supreme Court Summaries

A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada pre-sentencing …

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From Harm To Robustness: A Principled Approach To Vice Regulation, Jim Leitzel Dec 2005

From Harm To Robustness: A Principled Approach To Vice Regulation, Jim Leitzel

ExpressO

John Stuart Mill’s harm principle maintains that adult behavior cannot justifiably be subject to social coercion unless the behavior involves harm or a significant risk of harm to non-consenting others. The absence of harms to others, however, is one of the distinguishing features of many manifestations of “vices” such as the consumption of alcohol, nicotine, recreational drugs, prostitution, pornography, and gambling. It is with respect to vice policy, then, that the harm principle tends to be most constraining, and some current vice controls, such as prohibitions on drug possession and prostitution, violate Mill’s precept. In the vice arena, we seem …

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Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman Dec 2005

Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman

ExpressO

This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for zoning actions, followed by a review of the evolution of the statutes and case law in Florida. The article challenges the standard of deference for legislative review of zoning actions based on separation of powers and due process. It also identifies inconsistencies in Florida case law and inequities in local government processes for reviewing …

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Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps Dec 2005

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps

ExpressO

This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the US …

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Rediscovering The Economics Of Loss Causation , Richard Kaplan, Madge Thorsen, Scott Hakala Dec 2005

Rediscovering The Economics Of Loss Causation , Richard Kaplan, Madge Thorsen, Scott Hakala

ExpressO

Abstract This article explores the economic principles and theories underlying loss causation in the context of securities fraud litigation. It explains the difference between “investment loss” and recoverable “inflationary loss” and posits that the latter consists of the difference between inflation in stock prices caused by the fraud at the time of purchase and inflation in the price at the time of sale. It reviews scenarios in which inflationary loss due to fraud may occur and would be recognized as a matter of economic theory as well as a matter of law. It urges that Dura v. Broudo Pharmaceuticals, 125 …

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Accounting Fraud: Pleading Scienter Of Auditors Under The Private Securities Litigation Reform Act, Gideon Mark Dec 2005

Accounting Fraud: Pleading Scienter Of Auditors Under The Private Securities Litigation Reform Act, Gideon Mark

ExpressO

This paper examines the current judicial approach to assessing the scienter of auditors under the Private Securities Litigation Reform Act. The paper concludes that the current approach is inadequate and should be modified.

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The Problems With Blaming, Theodore Y. Blumoff Dec 2005

The Problems With Blaming, Theodore Y. Blumoff

ExpressO

This work examines the social practice of blaming, beginning with a prominent view of the moral philosophy of blaming, the semantics of character that support this (and related) views, and the social and cultural biases we bring to the process of attributing blame. Our penchant for blaming is too often manifest in a hyper-willingness to attribute wrongdoing solely to the character of the wrongdoer, often overlooking the salience of the varied situations in which the wrongdoer finds himself. I synthesize the wealth of data, mostly from social psychology, showing that blaming actualizes our own dispositions for over-emphasizing the actor’s wicked …

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Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah Dec 2005

Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah

Articles

The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court …

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Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas Dec 2005

Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas

U.S. Supreme Court Briefs

No abstract provided.

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2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al Dec 2005

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …

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Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher Dec 2005

Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Local land use boards, made up of volunteers from the community, decide a majority of the land use issues in New York’s municipalities, as well as most other states. In the past, these decision makers were not required to obtain formal training. Now, several states and municipalities are recognize the substantial impact of land use board decisions, and as a consequence, are providing innovative training for their board members. Land use law becomes more complicated with each passing hour, and through proper training, land use board members can become informed decision makers who maximize the potential of their communities.

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The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell Dec 2005

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.

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One Morning In Morocco, Eli Mechanic Dec 2005

One Morning In Morocco, Eli Mechanic

New England Journal of Public Policy

Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.

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We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton Dec 2005

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …

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Special Methods For Educating The Transnational Lawyer, Raymond J. Friel Dec 2005

Special Methods For Educating The Transnational Lawyer, Raymond J. Friel

Journal of Legal Education

No abstract provided.

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Educating Lawyers For Transnational Challenges–The Globalization Of Legal Regulation, Steven Freeland Dec 2005

Educating Lawyers For Transnational Challenges–The Globalization Of Legal Regulation, Steven Freeland

Journal of Legal Education

No abstract provided.

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Reforming Legal Education In Bangladesh, Mohammad Monirul Azam Dec 2005

Reforming Legal Education In Bangladesh, Mohammad Monirul Azam

Journal of Legal Education

No abstract provided.

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Law And Society Studies And Legal Education, Vincenzo Ferrari Dec 2005

Law And Society Studies And Legal Education, Vincenzo Ferrari

Journal of Legal Education

No abstract provided.

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Educating Lawyers For Transnational Challenges: Perspectives Of A Developing Country–Botswana, Emmanuel Kwabena Quansah Dec 2005

Educating Lawyers For Transnational Challenges: Perspectives Of A Developing Country–Botswana, Emmanuel Kwabena Quansah

Journal of Legal Education

No abstract provided.

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Educating The Transnational Lawyer: An Integrated Approach, Efrén Rivera-Ramos Dec 2005

Educating The Transnational Lawyer: An Integrated Approach, Efrén Rivera-Ramos

Journal of Legal Education

No abstract provided.

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Crossing Borders In The Classroom: A Comparative Law Experiment In Family Law, Barbara Atwood, Graciela Jasa Silveira, Nicole Laviolette, Tom Oldham Dec 2005

Crossing Borders In The Classroom: A Comparative Law Experiment In Family Law, Barbara Atwood, Graciela Jasa Silveira, Nicole Laviolette, Tom Oldham

Journal of Legal Education

No abstract provided.

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Teaching For Transnational Lawyering, Catherine J. Iorns Magallanes Dec 2005

Teaching For Transnational Lawyering, Catherine J. Iorns Magallanes

Journal of Legal Education

No abstract provided.

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Six Propositions For Legal Education In Local And Global Development, Roger Burridge Dec 2005

Six Propositions For Legal Education In Local And Global Development, Roger Burridge

Journal of Legal Education

No abstract provided.

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Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh Dec 2005

Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh

Journal of Legal Education

No abstract provided.

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The Teaching Of Legal Ethics: Recent Developments In Ontario, Stephen G.A Pitel Dec 2005

The Teaching Of Legal Ethics: Recent Developments In Ontario, Stephen G.A Pitel

Journal of Legal Education

No abstract provided.

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Letter To The Editors: Law And Law, Richard Henry Seamon Dec 2005

Letter To The Editors: Law And Law, Richard Henry Seamon

Journal of Legal Education

No abstract provided.

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Letter To The Editors, Charles W. Collier Dec 2005

Letter To The Editors, Charles W. Collier

Journal of Legal Education

No abstract provided.

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Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad Dec 2005

Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad

Journal of Legal Education

No abstract provided.

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Words! Words! Words!: Teaching The Language Of Tax, Stephen B. Cohen Dec 2005

Words! Words! Words!: Teaching The Language Of Tax, Stephen B. Cohen

Journal of Legal Education

No abstract provided.

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