Law Commons^™

Families And Work Institute Presentation, Tyler Wigton

Conferences, Panels, and Events

The Families and Work Institute Presentation: The State of the American Workforce & Workplace. Prepared by Tyler Wigton on behalf of Workplace Flexibility 2010.

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of the panelist of the Workers with Disabilities: The Role of Workplace Flexibility event held November 13, 2006.

Cornell University Presentation, Susanne M. Bruyere, Ph.D., Crc

Conferences, Panels, and Events

The Cornell Presentation: Workplace Flexibility, Accommodation and Disability: Tools for Workforce Productivity. Prepared by Susanne M. Bruyere, Ph.D. , CRC Employment and Disability Institute Cornell University School of Industrial and Labor Relations Ithaca, New York on behalf of Workplace Flexibility 2010.

Workers With Disabilities: The Role Of Workplace Flexibility, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A fact sheet for Workers with Disabilities: The Role of Workplace Flexibility covering the following:

1) What are the trends in workforce participation of individuals with disabilities?

2) How does the structure of work limit the employment of people with disabilities?

3) What is the role of workplace flexibility in the employment of individuals with disabilities?

4) The need for flexibility among people with disabilities matches the growing interest in flexibility for all workers.

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Vol. 31, No. 11 (November 13, 2006)

Indiana Law Annotated

No abstract provided.

Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright

Duke Law & Technology Review

Usenet newsgroups are swiftly becoming a popular vehicle for pirating digital music, movies, books, and other copyrighted works. Meanwhile, courts ignore Usenet’s tremendous potential for copyright infringement. In Ellison v. Robertson, the Ninth Circuit Court of Appeals found that America Online’s Usenet service might qualify for safe harbor under the Digital Millennium Copyright Act. According to the district court below, safe harbor would preclude a finding of secondary copyright infringement against America Online. However, the courts misinterpreted the safe harbor provisions. One safe harbor provision was misapplied and another was ignored altogether. This iBrief critiques the Ellison opinions and analyzes …

(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies

Human Rights & Human Welfare

© Gareth Davies. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Compensation For Property Under The European Convention On Human Rights, Tom Allen

ExpressO

This Article investigates the nature of the right to property guaranteed under the First Protocol to the European Convention on Human Rights ('P1-1'). It argues that the European Court of Human Rights has been torn between two theories of the right to property. The first is the "integrated theory", and it holds that the right to property shares common values and purposes with other Convention rights. Hence, the interpretation of P1-1 should reflect principles developed in the interpretation of other Convention rights. It is argued that the application of the integrated theory should support a "social model" of property. The …

Dignity And Degradation: Transnational Lessons From The Constitutional Protection Of Sex, Libby Adler

ExpressO

This paper begins by tracing the history of the concept of human dignity from the time of Cicero through the Enlightenment, to the aftermath of WW II. It then examines the contemporary constitutional concept across multiple national jurisdictions, focusing on cases related to sex. Ultimately, the paper urges that while dignity has been regarded as an overarching value that promises to protect all human beings against threats to the most fundamental of human rights, it instead produces undesirable hierarchies and demeans a range of sexual practices that pro-sex feminists and queers want to see constitutionally protected.

Updating Medicare's Physician Fees: The Sustainable Growth Rate Methodology, Laura A. Dummit

National Health Policy Forum

Medicare’s method to annually update the fees it pays physicians has been under fire for some time—specifically, since the method determined that physician fees should be reduced rather than increased. The update method, called the sustainable growth rate (SGR), was implemented to control the growth in Medicare physician spending. Yet Congress, in response to physician concerns about beneficiary access to care, has acted to avert physician fee cuts since 2003. Although this signals dissatisfaction with the SGR methodology, there is yet to be a widely accepted physician fee update proposal that balances federal budgetary realities with the need to ensure …

The Reason Behind The Rules: The Archaeological Resources Protection Act Of 1979 And Scientific Study, Ryan M. Seidemann

ExpressO

What are the federal agencies’ powers under the Archaeological Resources Protection Act of 1979 (ARPA) to limit or control the scientific study of archaeological materials? The research for this article has led to an ultimate conclusion that ARPA does not provide federal agencies with the power to limit the scope of scientific study on covered archaeological materials. No provision of ARPA provides federal agencies with the authority to act as scientific dictators with ARPA-covered archaeological materials.

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

Free Expression And A Satisfied Society: What Child Pornography Laws Really Protect, James E. Bristol

ExpressO

Motion pictures portray childhood sexuality by pushing the elusive and controversial line between free expression and exploitation. While child pornography laws protect real children as subjects in overtly sexually exploitative motion pictures (kiddy porn), in practice, due to issues of interpretation, application, and accessibility, free expression in mainstream motion pictures is supported more fully than child protection. Recent Supreme and Circuit Court decisions allow the motion picture industry to more freely portray childhood sexuality without fear of expression becoming illegal. Thus, as our social history illustrates, the societal awareness of the sexuality of children is all the more satisfied. Legally …

A Review Of Procedural And Jurisdictional Challenges In Enforcing International Human Rights Law Under The African Charter Regime, Morris K. Mbondenyi, Nixon Wanyama Sifuna

ExpressO

The interpretation and enforcement of international human rights law has tremendously evolved since the adoption of the African Charter on Human and Peoples’ Rights. The Charter introduced procedural and jurisdictional paradigms that have moulded this branch of law to resonate Africa’s context and values, by for instance, evolving concepts and approaches distinct from those of the other regions. While striving to achieve this, the Charter has also had to grapple with an avalanche of procedural and jurisdictional challenges. This Article highlights these challenges and proposes ways in which they can be surmounted. It proceeds on the premise that contrary to …

The Nuts And Bolts Of Pdps, Mary Ellen Stahlman

National Health Policy Forum

This issue brief provides an overview of Medicare prescription drug plans (PDPs), with a focus on fundamentals such as enrollment, premiums, formularies, cost sharing, prices, payment, cost management, and appeals and grievance processes. It also highlights major changes to the PDP landscape between 2006 and 2007.

Vol. 57, No. 5, November 7, 2006, University Of Michigan Law School

Res Gestae

•Colorado Senator Speaks About Career, Politics •Open Letter •Debriefing the Halloween Ticket Snafu •Take It From Me •Lipton's New Pyramid Tea Put to the Test •Coffee Cart Arrives in 200 HH •LSSS Fall Wine and Cheese Pics •A Layman's Guide to Pass/Fail •Nannes 3L Challenge Hits its Target •BLSA Date Auction Pics •LSSS Halloween Party Pics •Navigating the PRS with Priorities in Hand

Human Rights, Clif Bennette

ExpressO

American authorities believe torture is necessary to keep America safe from terrorists, but want to avoid being accused of war crimes. So, longstanding US law and the Geneva Conventions were reinterpreted to provide legal cover. Further, policy memos saying most torture is legal were written, and activities associated with torture are shielded from Congressional oversight.

Murphy And The Evolution Of "Basis", Deborah A. Geier

Law Faculty Articles and Essays

Marrita Murphy received compensatory damages of $45,000 for emotional distress or mental anguish and $25,000 for injury to professional reputation after bringing a complaint with the Department of Labor under various whistle-blower statutes. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously held, in an opinion written by Chief Judge Douglas Ginsburg, that Murphy's damages were not due to physical injury and thus could not be excluded under the authority of section 104(a)(2) of the Internal Revenue Code but that the government nevertheless could not, under the Constitution, tax those damages as income. The government …

Vol. 31, No. 10 (November 6, 2006)

Indiana Law Annotated

No abstract provided.

Copyright And The Dead Sea Scrolls

Stanley H. Mervis Lecture

No abstract provided.

Impersonating A Nonprofit, Alan L. Feld

Faculty Scholarship

The Senate Finance Committee minority staff report concerning Jack Abramoff's use of tax-exempt organizations details the misuse of charities and social welfare organizations for lobbying and other purposes. It shows how Abramoff moved money from clients through exempt organizations to influence legislative and administrative decisions favorable to those clients, but without disclosing the true source of the funds. In one case, money from the Mississippi Band of Choctaw Indians, anxious to bar competition from a new casino, transferred funds through Americans for Tax Reform (ATR) to antigambling organizations associated with Ralph Reed. In other examples, money passed from clients to …

Taxing Emotional Injury Recoveries: A Critical Analysis Of Murphy V. Internal Revenue Service, Gregory L. Germain

ExpressO

Does Congress have the power under the United States Constitution to tax compensatory personal injury awards? Several months ago, the D.C. Circuit Court of Appeals said "no" in Murphy v. Internal Revenue Service. The court theorized that Ms. Murphy’s compensatory damages award did not constitute “income,” as understood by the enactors of the 16th Amendment, because the award merely made Ms. Murphy whole rather than increasing her wealth.

This paper disputes virtually every aspect of the Murphy decision. The court made errors from the beginning in analyzing the statutory issues. While the court ultimately reached the correct preliminary conclusion – …

Conference Program

Dimensions of Women's Equal Citizenship (2006)

No abstract provided.

2006 Talmadge Moot Court Competition Winning Brief, Tully Blalock, Emily Shingler

Competition Materials

No abstract provided.

Nov. 3, 2006, Cao-About Us, Webpage, Cao

CAO General 1999-Present

No abstract provided.

Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It ?, Joseph E. Fahey

ExpressO

This article deals with the treatment of the Supremacy Clause by the New York Court of Appeals in the evolution of its death penalty jurisprudence. It traces the application of the Clause by the Court and its abandonment in its imposition of stronger guarantees under the New York State Constitution

Fighting Corruption Through Regional And International Conventions: A Satisfactory Solution?, Indira M. Carr

ExpressO

While considering the current legal frameworks adopted by the regional and international anti-corruption conventions this article aims to show (1) that the lack of a unified approach is unlikely to further the fight against corruption in any meaningful way, (2) that regulation is unlikely to be efficient results unless there are robust enforcement mechanisms in place, and (3) that anti-corruption legislation provides only a partial answer and that we need to engage in what I call a process of re-socialization. Part 2 (How Widespread is Corruption?) critically assesses the methodology adopted by Transparency International (TI) for compiling its perception index. …

Updating The Wic Food Packages: It's About Time, Jessamyn Taylor

National Health Policy Forum

This issue brief reviews key revisions to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program proposed by the USDA, which are based substantially on recommendations by the Institute of Medicine. Should the changes become regulation, they will be the most significant revision of the WIC food packages in over 25 years. This brief describes the changes, the impetus for their consideration, and possible implementation issues from the perspectives of vendors, state and local WIC agencies, and participants.