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2006

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Articles 10231 - 10260 of 11365

Full-Text Articles in Law

Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam Jan 2006

Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam

LLM Theses and Essays

This is a study about the protection of human rights by regional human rights bodies. The thesis identifies the major regional human rights protection systems i.e. the African human rights system, the inter-American human rights System and the European human rights system. The paper examines the types of mechanisms employed by each regional system and examines each mechanism. The three major mechanisms dealt with in this work are inter-state complaints, state reporting, country reports, finally individual complaints, and execution of the judgments rendered by these regional bodies. The thesis analyzes the procedures involved in each of these mechanisms and examines …

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Reconsidering The Medical Expert Witness System, Yunwei Jiang Jan 2006

Reconsidering The Medical Expert Witness System, Yunwei Jiang

LLM Theses and Essays

The expert witness is indispensable in a medical malpractice case. However, there are three main defects in the currently existing expert witness system. One is incompetence of expert witnesses. Another is professional negligence of expert witnesses. The other is dishonesty of expert witnesses. To make the expert witness system more efficient, this article examines currently existing rules and offers some proposals regarding the three issues. For the first one, the suggestion of this article is to rely on the standards of expert qualification and admitting expert testimony. For the second one, this article distinguishes expert witnesses from lay witnesses, and …

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Shareholders' Agreements In Close Corporations And Their Enforcement, Ricardo Molano Leon Jan 2006

Shareholders' Agreements In Close Corporations And Their Enforcement, Ricardo Molano Leon

LLM Theses and Essays

Shareholders’ Agreements are contractual devices to manage tensions among shareholders of a corporation. These agreements have a wide scope related to shareholders’ interest. Nevertheless, before subscribing a shareholder agreement is important to determine the requirements to make it enforceable. This issue has been addressed in the last twenty years by state corporate statutes following the Model Business Corporation Act and the Delaware General Corporation Law and in different court decisions. Today, shareholders’ agreements will be enforced according to the terms defined by the parties unless the agreement injures non-participating shareholders, third parties or is against public policy.

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How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy Jan 2006

How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy

LLM Theses and Essays

The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure …

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Balancing Regulations And Incentives For Foreign Direct Investment: A Case Study Of Mexico And Kazakhstan, Dauren B. Tynybekov Jan 2006

Balancing Regulations And Incentives For Foreign Direct Investment: A Case Study Of Mexico And Kazakhstan, Dauren B. Tynybekov

LLM Theses and Essays

Foreign Direct Investment (FDI) has a global character. As globalization grows, foreign direct investment grows. This research analyses the relationship between foreign direct investment and developing countries. The main contributors to foreign direct investment are multinational corporations and this research will show the impact of this kind of investment on the economy of developing countries. The research will show the way the developing countries try to benefit from FDI in order to complement their economic growth. This thesis will analyze the incentives and regulations the developing countries use to attract FDI and what needs to be done to make this …

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A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song Jan 2006

A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song

LLM Theses and Essays

The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them.

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Voter Identification, Spencer A. Overton Jan 2006

Voter Identification, Spencer A. Overton

GW Law Faculty Publications & Other Works

In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) common sense arguments that voters should produce photo identification because the cards are required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a …

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Guilt Assuming Hypotheticals: Basic Character Evidence Rules, Stephen A. Saltzburg Jan 2006

Guilt Assuming Hypotheticals: Basic Character Evidence Rules, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

The accused in a criminal case has the right to offer evidence of a pertinent character trait in order to cast doubt on whether he or she would commit the crime charged by the government. This right gives the accused an opportunity to offer predisposition evidence that is otherwise generally inadmissible. Calling a character witness is not without risk, however. The principal risk is that the witness may be cross-examined about specific acts that are inconsistent with the character to which the witness attests. This article discusses Michelson v. United States, and United States v. Pirani, the latter which reminds …

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Was The Disparate Impact Theory A Mistake?, Michael Selmi Jan 2006

Was The Disparate Impact Theory A Mistake?, Michael Selmi

GW Law Faculty Publications & Other Works

The disparate impact theory has long been viewed as one of the most important and controversial developments in antidiscrimination law. In this article, Professor Selmi assesses the theory's legacy and challenges much of the conventional wisdom. Professor Selmi initially charts the development of the theory, including a close look at Griggs v. Duke Power Co. and Washington v. Davis, to demonstrate that the theory arose to deal with specific instances of past discrimination rather than as a broad theory of equality. In the next section, Professor Selmi reviews the success of the theory in the courts through an empirical analysis …

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State Representation Of Children's Interests, Naomi R. Cahn Jan 2006

State Representation Of Children's Interests, Naomi R. Cahn

GW Law Faculty Publications & Other Works

The state's claim that it can represent children's interests plays a significant role in defining the structure of families, the relationships within families, and the development of children's interests. This paper explores three different contexts involving the state and the contested nature of how the interests of minors are represented in both national and international law: first, in restricting the abortion rights of minors, the state claims to be protecting them; second, in allowing parents to decide who will act as caretaker for their children if both parents are dead, the state defers to parents' wishes; and third, in dysfunctional …

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A Constitutional Hierarchy Of Religions? Justice Scalia, The Ten Commandments, And The Future Of The Establishment Clause, Thomas Colby Jan 2006

A Constitutional Hierarchy Of Religions? Justice Scalia, The Ten Commandments, And The Future Of The Establishment Clause, Thomas Colby

GW Law Faculty Publications & Other Works

If there is one principle of Establishment Clause jurisprudence that has enjoyed the unanimous support of all of the Justices of the Supreme Court over the last half century, it is that all religions are afforded equal status under the Constitution. With his dissenting opinion in the 2005 Ten Commandments cases, however, Justice Scalia has upset that consensus. According to Justice Scalia's dissent, the Establishment Clause affords greater protection to the believers of some religions (Christianity, Judaism, Islam) than others (Hinduism, Buddhism, no religion, everything else). Turning traditional constitutional law on its head, Justice Scalia's approach treats the Establishment Clause …

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Privacy Issues Affecting Employers, Employees, And Labor Organizations, Charles B. Craver Jan 2006

Privacy Issues Affecting Employers, Employees, And Labor Organizations, Charles B. Craver

GW Law Faculty Publications & Other Works

Privacy issues arise regularly in employment environments. Employers frequently assert privacy rights when denying non-employee union organizers access to employment premises and limiting the distribution of union literature or the solicitation of authorization cards by current employees. On the other hand, when employers desire to monitor employee computer usage on firm computers to be sure they are not accessing inappropriate sites or engaging in other inappropriate electronic behavior, they give short shrift to employee privacy claims. When employer premises are open to the general public, non-employee access to external areas such as parking lots might provide an appropriate accommodation between …

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Torture And Contract, Laura T. Dickinson Jan 2006

Torture And Contract, Laura T. Dickinson

GW Law Faculty Publications & Other Works

This essay is a contribution to the War Crimes Research Symposium: "Torture and the War on Terror” at Case Western Reserve University School of Law, October 7, 2005. The symposium raised important questions about the problem of torture and the use of torture in the so-called "War on Terror." In considering this problem, this essay focuses on an aspect of the issue that has only recently received popular and scholarly attention, but that is likely to have profound implications: the privatization of military functions, and specifically, the privatization of torture. Such privatization may, at first blush, seem to render it …

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The Campaign To Restrict The Right To Respond To Terrorist Attacks In Self-Defense Under Article 51 Of The U.N. Charter And What The United States Can Do About It, Gregory E. Maggs Jan 2006

The Campaign To Restrict The Right To Respond To Terrorist Attacks In Self-Defense Under Article 51 Of The U.N. Charter And What The United States Can Do About It, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Article 51 of the United Nations Charter preserves the right of nations to use military force in self-defense. This broad language would appear to allow nations to use military force in self-defense in response to "armed attacks" by terrorists. But a significant problem has developed over the past twenty years. In a series of resolutions and judicial decisions, organs of the United Nations have attempted to read into Article 51 four very significant and dangerous limitations on the use of military force in self-defense. These limitations find no support in the language of Article 51, they do not accord with …

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Overcoming The Fear Of Guns, The Fear Of Gun Control, And The Fear Of Cultural Politics: Constructing A Better Gun Debate, Donald Braman, Dan M. Kahan Jan 2006

Overcoming The Fear Of Guns, The Fear Of Gun Control, And The Fear Of Cultural Politics: Constructing A Better Gun Debate, Donald Braman, Dan M. Kahan

GW Law Faculty Publications & Other Works

The question of how strictly to regulate firearms has convulsed the national polity for the better part of four decades, and in this article Donald Braman and Dan M. Kahan conclude that the best way to engender productive debate is to investigate deeper than the statistics and address the competing American social attitudes on guns themselves: guns symbolizing honor, human mastery over nature, and individual self-sufficiency on the one hand, and guns creating the perpetuation of illicit social hierarchies, the elevation of force over reason, and the expression of collective indifference to the well-being of strangers on the other. Braman …

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Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson Jan 2006

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.

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Statutory And Judicial Approaches To Gray Market Goods: The "Material Differences" Standard, Lynda J. Oswald Jan 2006

Statutory And Judicial Approaches To Gray Market Goods: The "Material Differences" Standard, Lynda J. Oswald

Kentucky Law Journal

No abstract provided.

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Disloyalty Without Limits: "Independent" Directors And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr. Jan 2006

Disloyalty Without Limits: "Independent" Directors And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.

Kentucky Law Journal

No abstract provided.

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Walking The Line Between Contract And Tort In Construction Disputes: Assessing The Use Of Negligent Misrepresentation To Recover Economic Loss After Presnell, Steven M. Henderson Jan 2006

Walking The Line Between Contract And Tort In Construction Disputes: Assessing The Use Of Negligent Misrepresentation To Recover Economic Loss After Presnell, Steven M. Henderson

Kentucky Law Journal

No abstract provided.

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The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin Jan 2006

The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin

Kentucky Law Journal

No abstract provided.

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Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith Jan 2006

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith

Kentucky Law Journal

No abstract provided.

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Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene Jan 2006

Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene

Kentucky Law Journal

No abstract provided.

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Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry Jan 2006

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry

Kentucky Law Journal

No abstract provided.

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Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier Jan 2006

Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier

Kentucky Law Journal

No abstract provided.

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Rolling The Dice On Precedent And Wagering On Legislation: The Law Of Gambling Debt Enforceability In Kentucky After Kentucky Off-Track Betting, Inc. V. Mcburney And Krs § 372.005, Jeffrey R. Soukup Jan 2006

Rolling The Dice On Precedent And Wagering On Legislation: The Law Of Gambling Debt Enforceability In Kentucky After Kentucky Off-Track Betting, Inc. V. Mcburney And Krs § 372.005, Jeffrey R. Soukup

Kentucky Law Journal

No abstract provided.

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The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller Jan 2006

The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller

Kentucky Law Journal

No abstract provided.

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Academic Misconduct, Athletics Academic Support Services, And The Ncaa, Josephine R. Potuto Jan 2006

Academic Misconduct, Athletics Academic Support Services, And The Ncaa, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.

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Drafting Enforceable Non-Solicitation Agreements In Kentucky, Elizabeth E. Nicholas Jan 2006

Drafting Enforceable Non-Solicitation Agreements In Kentucky, Elizabeth E. Nicholas

Kentucky Law Journal

No abstract provided.

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"The Law Does Not Perfectly Comprehend....": The Inadequacy Of The Gross Negligence Duty Of Care Standard In Unincorporated Business Organizations, J. William Callison Jan 2006

"The Law Does Not Perfectly Comprehend....": The Inadequacy Of The Gross Negligence Duty Of Care Standard In Unincorporated Business Organizations, J. William Callison

Kentucky Law Journal

No abstract provided.

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Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary L. Clark Jan 2006

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary L. Clark

Kentucky Law Journal

No abstract provided.

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