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Articles 1261 - 1290 of 11380
Full-Text Articles in Law
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Exploring Machu Picchu: An Analysis Of The Legal And Ethical Issues Surrounding The Repatriation Of Cultural Property, Molly L. Mcintosh
Duke Journal of Comparative & International Law
No abstract provided.
A Regional Approach To Whaling: How The North Atlantic Marine Mammal Commission Is Shifting The Tides For Whale Management, Brettny Hardy
A Regional Approach To Whaling: How The North Atlantic Marine Mammal Commission Is Shifting The Tides For Whale Management, Brettny Hardy
Duke Journal of Comparative & International Law
No abstract provided.
The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky
The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky
Duke Journal of Comparative & International Law
No abstract provided.
Medical Torture: End Of Life Decision-Making In The United Kingdom And United States, Jon D. Feldhammer
Medical Torture: End Of Life Decision-Making In The United Kingdom And United States, Jon D. Feldhammer
Cardozo Journal of International and Comparative Law
The note examines the legal and ethical challenges surrounding end-of-life medical decisions in the United States and the United Kingdom, highlighting the failure of both countries to effectively implement patients' end-of-life plans. It argues that the current legal frameworks in both nations often lead to prolonged, painful, and futile medical treatments, violating patient dignity and human rights. The analysis critiques the lack of consensus on medical futility and proposes a legislative model to balance patient autonomy, physician discretion, and ethical medical practice.
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
University of Miami International and Comparative Law Review
No abstract provided.
Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson
Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson
University of Miami International and Comparative Law Review
No abstract provided.
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
Duke Journal of Comparative & International Law
No abstract provided.
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Bruce P. Archibald, Jennifer J. Llewellyn
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Bruce P. Archibald, Jennifer J. Llewellyn
Dalhousie Law Journal
The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory andpractice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova Scotia …
Regime Tension In The Intellectual Property Rights Arena: Farmers' Rights And Post-Trips Counter Regime Trends, Chidi Oguamanam
Regime Tension In The Intellectual Property Rights Arena: Farmers' Rights And Post-Trips Counter Regime Trends, Chidi Oguamanam
Dalhousie Law Journal
Recognizing the transitions that have occurred in the global intellectual property arena since the TRIPS Agreement, this article identifies and examines key sites of the counter regime trends in intellectual property rights with a focus on farmers' rights. It invokes farmers' rights to highlight the conceptual and juridicalhurdles facing the new issue-linkages that propel attempts to redress the shortcomings of the TRIPS' trade-centred approach to intellectual property. The author argues that the existingjuridical framework for farmers 'rights,especiallyunder the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), although inchoate, is stymied and not competent to realize the expectations …
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Dalhousie Law Journal
The traditional doctrine of testamentary undue influence developed in nineteenth century England. Its utility, however, is limited since the doctrine requires the person alleging undue influence to provide direct proof of coercion according to a high standard. In England the doctrine has remained static and there have been calls for reform. In Canada, some courts have ceased to apply the traditional doctrine so that today there is no one consistent and coherent doctrine of testamentary undue influence. This article explores two possible reforms of the doctrine both of which are evident in recent Canadian case law: a presumption of testamentary …
Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Osgoode Hall Law Journal
Is an issuer legally obliged to update its prospectus if a material event occurs following the receipt for the prospectus but prior to the closing of the offering? This is the crucial issue that is addressed in Kerr v. Danier Leather Inc., a case that has been heard at the trial and appeal levels in Ontario and that will be heard in 2007 by the Supreme Court of Canada. In this commentary, we argue that the Court of Appeal decision in the case overlooked crucial aspects of contemporary securities law and policy in holding that there is no obligation to …
Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz
Who Decides Whether A Patient Lives Or Dies?, Diane E. Hoffmann, Jack Schwartz
Faculty Scholarship
No abstract provided.
Hunger And International Law: The Far-Reaching Scope Of The Human Right To Food, Laura Niada
Hunger And International Law: The Far-Reaching Scope Of The Human Right To Food, Laura Niada
Connecticut Journal of International Law
This paper examines the widespread problem of hunger. Hunger can be challenged, and the outcome of this challenge depends a great deal on domestic policies targeted at food security. Consequently, I will examine the role of international law in facilitating and spurring this process through the affirmation of the human right to food. The right to food has developed from the formal expression embodied in the International Covenant on Economics, Social and Cultural Rights to a substantive, well-built and comprehensive customary norm. Its prescriptive reach spans the conduct of States in their national and international affairs; of international organizations; of …
Law And Terror, Kenneth Anderson
Law And Terror, Kenneth Anderson
Popular Media
This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …
Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Dalhousie Law Journal
The author seeks to justify recovery in negligence law for loss of bargain, which is the pure economic loss incurred by a subsequent purchaser of a defective product or building structure in seeking to repair the defect. The difficulty is that the purchaser is not in a relationship of contractual privity with the manufacturer The conflicting approaches in Anglo-American tort law reveal confusion, owing to loss of bargain's dual implication of the law governing pure economic loss and products liability. These difficulties are overcome by drawing from Hedley Byrne's requirements of a defendant's assumption of responsibility and a plaintiff's reasonable …
Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson
Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson
Dalhousie Law Journal
Child pornography is an increasing worldwide concern and is one of the most active fronts in the ongoing battle between freedom of expression and public safety and morality. In 2005, the child pornography provisions of the Canadian Criminal Code were amended in response to the controversial decision of the Supreme Court in R. v. Sharpe. Similar legislative response has occurred in the United States following the U.S. Supreme Court decision inAshcroft v. Free Speech Coalition. A comparative examination of the legislative and judicial treatments of the issue of child pornography in these countries reveals that despite reaching differing rights-balancing positions, …
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Dalhousie Law Journal
Recent increases in law school tuition provide an occasion for criticalreflection on precisely what law students are being offered in their formal education. The aim of this article is to help catalyze discussion of what quality legal education entails. It begins by outlining the current underpinnings of Canadian legal education, especially the foundation of issue identification. Newer developments in legal education are also canvassed.A foundational critique is then applied to elucidate the main weakness of thepresent curricular structure: students are graduating with a flat understanding of the law Employing Dr Oliver Sacks's critique of medical education as a starting point, …
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Scholarly Articles in Law Reviews & Journals
A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice. Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …
Court Review: Volume 43, Issue 3 – Recent Criminal Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles H. Whitebread
Court Review: Volume 43, Issue 3 – Recent Criminal Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Cases of particular interest to state-court judges held that a passenger in a routine traffic stop is seized for Fourth Amendment purposes, that California’s determinative sentencing law was unconstitutional, and that the Court’s decision on Crawford v. Washington would not be applied retroactively on collateral review.
Court Review: Volume 43, Issue 3 – Table Of Contents
Court Review: Volume 43, Issue 3 – Table Of Contents
Court Review: Journal of the American Judges Association
Remarks on Judicial Independence by Ruth Bader Ginsburg
Recent Civil Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Jailing Ourselves: Standards Used for Declaring United States Citizens to Be Enemy Combatants by Joseph Carl Storch
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 3 – Jailing Ourselves: Standards Used For Declaring United States Citizens To Be Enemy Combatants, Joseph Carl Storch
Court Review: Volume 43, Issue 3 – Jailing Ourselves: Standards Used For Declaring United States Citizens To Be Enemy Combatants, Joseph Carl Storch
Court Review: Journal of the American Judges Association
On a clear, blue September morning in 2001, nineteen men hijacked four commercial airplanes headed toward the West Coast. They crashed two into the World Trade Center in New York City, one into the Pentagon in Northern Virginia, and one into a Pennsylvania field. In the wake of the shocking attack, Congress authorized President Bush to use military force against those who committed the attack, commencing a “war on terror” that still rages today.
The government has fought the “war on terror” on many fronts. The military is engaged in Afghanistan and Iraq; diplomatic overtures have been made to Libya …
Court Review: Volume 43, Issue 3 – Cover
Court Review: Volume 43, Issue 3 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Private Law And State-Making In The Age Of Globalization, Daniela Caruso
Faculty Scholarship
The rise of post-national entities, such as the institutions of the European Union and of free-trade regimes, bears no obvious relation to the traditional pillars of western private law (mostly contracts, torts, and property doctrines). The claim of this article is that the global diffusion of private law discourse contributes significantly to the emergence of new centers of authority in the global arena. The article tests the impact of private law arguments in three contexts - the growing legitimacy of regional human rights adjudication, the consolidation of the institutions of the European Union, and the higher binding force of international …
Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck
Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck
Duke Law Journal
When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to two quite different disasters: first, the response to the devastation of the fall 2005 hurricane season and, then, the response to the earlier terrorist attacks on the World Trade Center and Pentagon of September 11, 2001. The Article first raises the possibility that some of the provisions of these acts may be vulnerable to indirect constitutional challenge under the Uniformity Clause. In examining some of the problems …
Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter
Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter
Duke Law Journal
This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters, disaster management is subject to a collective action problem. Introducing the concept of horizontal political externalities, this Article explains the shortcomings of disaster management in terms of asymmetric political accountability costs for ex ante preparedness and ex post relief. In the presence of shared accountability, investments in prevention and relief by one government actor confer positive externalities upon other government actors by reducing the overall chance of being held …
Pragmatic Responses To Interpretive Impediments: Article 7 Of The Cisg, An Inter-American Application, Shani Salama
Pragmatic Responses To Interpretive Impediments: Article 7 Of The Cisg, An Inter-American Application, Shani Salama
University of Miami Inter-American Law Review
No abstract provided.
Foreum Non Conveniens Misconstrued: A Response To Henry Saint Dahl, Michael Wallace Gordon
Foreum Non Conveniens Misconstrued: A Response To Henry Saint Dahl, Michael Wallace Gordon
University of Miami Inter-American Law Review
No abstract provided.