Law Commons^™

Administrative Agencies: A Comparison Of New Hampshire And Federal Agencies’ History, Structure And Rulemaking Requirements, Scott F. Johnson

The University of New Hampshire Law Review

[Excerpt] "In this day and age it is difficult to think of anything that is not regulated in some way by a state or federal agency. State and federal agencies routinely make decisions that impact our daily lives. The air we breathe, the water we drink, the food we eat, the clothes we wear, and the places where we live and work are all regulated to some extent.

Agencies sometimes regulate things in ways that lead to strange results. For example, New Hampshire, state regulations allow anyone to own a yak, a bison, a wild boar, or an emu, but …

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley

The University of New Hampshire Law Review

Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …

New Hampshire Got It Right: Statutes, Case Law And Related Issues Involving Post- Secondary Education Payments And Divorced Parents, Ryan C. Leonard

The University of New Hampshire Law Review

[Excerpt] “Divorced parents in New Hampshire can rest a little easier these days. While there are a myriad of economic reasons why a divorce can become contentious, financing a child’s college education can no longer be included among those reasons. In January 2004, in a rather bold and unconventional move, the New Hampshire legislature overruled years of legal precedent and enacted a new statutory amendment that should alleviate some of the financial pressures divorced parents inevitably face. The amendment, RSA § 458:17(XI-a), is a victory for divorcees across the state because it prohibits superior court judges from issuing orders forcing …

The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow

Working Papers

This article argues that IMF's current governance arrangements suffer from being non responsive to key stakeholders, lack of accountability, non-representative decision making, lack of transparency, and poorly defined relations with other international organizations. These deficiencies have arisen because the IMF has failed to adapt its decision-making structure and procedures to its changing functions and role in the global economy. They have caused distortions in the IMF's relations with its member states, with non-state actors, and with other international organizations and problems with some of the IMF's interpretations of its articles. The article argues that the IMF cannot perform effectively until …

Motions 2006 Volume 42 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher

Washington International Law Journal

The Tonle Sap Basin is not only Cambodia’s largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic and political stability in the region. However, Cambodia’s current fishery, forestry, and land laws do not adequately protect the Tonle Sap Basin from over-fishing and the introduction of sedimentation and pollution caused by increasing development. The laws do not create or reflect a model for sustainable fishing and development. Both the laws currently in force and proposed legislation fail to limit …

Water Privatization In The Philippines: The Need To Implement The Human Right To Water, Sarah I. Hale

Washington International Law Journal

Water is widely recognized as an essential element to sustain life, yet attaining universal access to clean drinking water remains a perplexing issue throughout the lesser-developed world. In 1997, with backing from private investment and the World Bank, the Philippine government privatized the municipal water utility of Manila in an effort to improve service and promote efficiency. Nearly ten years later, privatization has failed to produce results and instead has engendered a contentious and polemical debate about the merits of privatization. Indeed, for policy makers, the case study of Manila has become a focal point in the debate about whether …

The Judicial Application Of The Causation Test Of The False Statement Doctrine In Securities Litigation In China, Ling Dai

Washington International Law Journal

As part of the reform of China’s centrally planned economy, one of the primary purposes in establishing a stock market was to help state-owned enterprises raise sufficient capital from the public. The protection of investors’ interests was not essential in the initial contemplation of securities laws, though the listed companies have a duty of disclosure under the 1998 Securities Law. After the Supreme People’s Court promulgated its judicial interpretation of the false statement doctrine in civil securities cases in 2002, the lower courts started to interpret and apply the elements of the false statement doctrine in securities cases brought by …

Aiming Straight: The Use Of Indigenous Customary Law To Protect Traditional Cultural Expressions, Meghana Raorane

Washington International Law Journal

Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators have proposed using existing intellectual property regimes and sui generis solutions. This Comment advocates a third solution, the use of indigenous customary laws of indigenous peoples to protect their particular traditional cultural expressions. Indigenous customary laws ensure effective protection of the traditional cultural expressions of indigenous peoples. The assumption that existing intellectual property regimes provide the only available protection is erroneous and constrains the development of effective solutions. Western …

The Influential Legacy Of Dutch Islamic Policy On The Formation Of Zakat (Alms) Law In Modern Indonesia, Arskal Salim

Washington International Law Journal

This article attempts to trace the influence of the colonial legacy in the formation of zakat (alms) policy in modern Indonesia. The article argues that the influence of the Dutch Islamic policy has gradually diminished as the process of Islamization of Indonesia has deepened. As early as the 19th century, Snouck Hurgronje played a key role in developing the Dutch zakat policy, which focused on the colonial government preventing the payment of zakat from being compulsory. During the first two decades after Indonesia's independence in 1945, the zakat policy as derived from colonial times continued without much change. However, by …

Constitutional Adjudication In Post-1997 Hong Kong, Albert H.Y. Chen

Washington International Law Journal

In July 1997, the British colony of Hong Kong was returned to the People’s Republic of China (“PRC”). It became a Special Administrative Region (“SAR”) of the PRC in accordance with the concept of “one country, two systems” embodied by the Sino-British Joint Declaration of 1984. The constitutional instrument of Hong Kong’s new legal and political system is the Basic Law of the SAR of Hong Kong, enacted by the National People’s Congress of the PRC and effective as of July 1997. Under colonial rule, Hong Kong inherited a British-style legal system. English common law formed the foundation, and the …

If I Had A Hammer: The Oecd Guidelines For Multinational Enterprises As Another Tool To Protect Indigenous Rights To Land, Heather Bowman

Washington International Law Journal

As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises (“Multinationals”) inside a country’s borders. Activity by a Multinational is often regulated only by the host country, which may place minimal restrictions on it for fear of losing investment. This places the country’s people and environment at risk. Indigenous peoples affected by poorly planned or managed development have no opportunity to change plans before they are enacted, and have little chance to obtain reparation for damages suffered. A way of addressing this lack of participation in …

Shaffer's Footnote 36, Arístides Díaz-Perosa

West Virginia Law Review

No abstract provided.

Piercing The Corporate Veil In West Virginia: The Extension Of Laya To All Sophisticated Commercial Entities, J. Jarrod Jordan

West Virginia Law Review

No abstract provided.

Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg

West Virginia Law Review

No abstract provided.

A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner

West Virginia Law Review

No abstract provided.

A Taking Without Just Compensation? The Constitutionality Of Amortization Provisions For Nonconforming Uses, Julie R. Shank

West Virginia Law Review

No abstract provided.

Institutional Professionalism For Lawyers: Realizing The Virtues Of Civic Professionalism, Steven K. Berenson

West Virginia Law Review

No abstract provided.

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.

Table Of Contents/Masthead

Tulsa Journal of Comparative and International Law

No abstract provided.

Judicial Independence In Central And East Europe: The Institutional Context , Markus B. Zimmer

Tulsa Journal of Comparative and International Law

No abstract provided.

Internationalization Of Lawmaking Processes: Constraining Or Empowering The Executive, The, Aida Torres Perez

Tulsa Journal of Comparative and International Law

No abstract provided.

Church, State, And Charter: Canada's Hidden Establishment Clause , Jeremy Patrick

Tulsa Journal of Comparative and International Law

No abstract provided.

After Abu Ghraib: Does The Mccain Amendment, As Part Of The 2006 Defense Appropriations Act, Clarify U.S. Interrogation Policy Or Tie The Hands Of U.S. Interrogators, Luke M. Meriwether

Tulsa Journal of Comparative and International Law

No abstract provided.

Be Our Guest, But Please Don't Stay: A Comparison Of U.S. And German Immigration Policies And Guest Worker Programs , Ryan Petersen

Tulsa Journal of Comparative and International Law

No abstract provided.

2006 Georgia House And Senate Bill Index, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Colorado Water Court's Exclusive Jurisdiction For The Adverse Possession Of Water: Archuleta V. Gomez, Maria E. Hohn

Water Law Review

No abstract provided.

Trout, Witwer & Freeman, P.C., Acquiring, Using, And Protecting Water In Colorado, Roger Lucas

Water Law Review

No abstract provided.

John T. Scholz & Bruce Stiftel, Eds., Adaptive Governance And Water Conflict: New Institutions For Collaborative Planning, Resources For The Future, Kathleen Potter

Water Law Review

No abstract provided.