Law Commons^™

Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie

Innis Christie Collection

The Union and Grievor believe the Employer discriminated against the latter by not returning him to an agreed position after an absence due to illness. They also believe the Employer failed to accommodate the Grievor's return to the work. The remedy requested was a return to his former position, or to the agreed position after his illness, and damages. The Employer was concerned about both legal and moral issues in the event that the Grievor was not able to fully perform his duties.

Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson

ExpressO

The article uses the lens of the Convention on the Rights of the Child as a framework for developing solutions. It compares the world’s approach of using the underpinnings of the Convention to create the Millennium Development Goals (MDGs). This process represents a positive evolution in international human rights law. Use of the MDGs has met with some success. As a result, the article compares the U.S. go-it-alone approach with that of the collaborative model of the MDGs. Pointing out that child law is primarily state law, the article then discusses the ways in which local governments (cities, counties, and …

Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl

ExpressO

Heightened pleading standards and limits on discovery in private securities fraud actions make confidential informants crucial in many cases. While courts have widely recognized the importance of confidential informants and the need to protect them from retaliation, they have not applied consistent standards for how informants must be identified in pleadings, and have failed to take into account substantial bodies of relevant caselaw when deciding whether to require that informants’ names be disclosed in discovery.

This article offers a framework for when and how confidential informants should be identified, taking into account the competing interests in anonymity and disclosure. It …

Cradled In The Declaration Of Independence, Jay Tidmarsh

ExpressO

This book review engages recent scholarship on the nature of civil-rights lawyering in the African-American bar in the generation before Brown v. Board of Education. Using the recent biography of Earl Burrus Dickerson, one of the leaders of the African-American bar before World War II, the book review finds support for the emerging view that, in the years before Brown, the African-American civil-rights bar was not focused on ending de jure segregation in public institutions, but rather in building up African-American institutions. Contrary to recent scholarship, however, the review suggests that Dickerson personally preferred a more integrationist strategy, and his …

Off To Elba: The Legitimacy Of Sex Offender Residence And Employment Restrictions, Joseph L. Lester

ExpressO

Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. These laws fundamentally alter the liberties and freedom of convicted sex offenders to satisfy the ignorant fear of the masses. As a result, residence and employment restrictions which in theory are to protect society, in practice only exacerbate the perceived recidivism problem. When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward …

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center …

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides

Medicare Physician Payments And Spending, Laura A. Dummit

National Health Policy Forum

The Medicare program’s physician payment method is intended to control spending while ensuring beneficiary access to physician services, but there are signs that it may not be working. The physician’s role in the health care delivery system as the primary source of information and treatment options, together with growing demand for services and the imperfect state of knowledge about appropriate service use, challenge Medicare’s ability to achieve these two goals. This issue brief describes the history of physician spending and the contribution of escalating service use and intensity of services to the rise in Medicare outlays, setting the stage for …

Vol. 31, No. 07 (October 9, 2006)

Indiana Law Annotated

No abstract provided.

Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams

Human Rights & Human Welfare

© Roy J. Adams. 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.

State Of Israel V. Beer-Sheba District Court, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Aharon Barak, Eliezer Rivlin, Asher Grunis, Miriam Naor

Translated Opinions

Facts: In 1976 the Supreme Court held in Kinsey v. State of Israel that when two accomplices are prosecuted in separate trials, one (the ‘witness-accomplice’) should not be called to testify against the other (the ‘defendant’) until the witness-accomplice’s own trial has ended. This became known as the Kinsey rule. Thirty years later, the court is being requested to reconsider the Kinsey rule.

Held: The Kinsey rule, which was originally intended as a rule of proper practice, became over the years a binding rule from which the courts rarely departed. The court recognizes that the rule in its all-encompassing scope …

State Policy Consequences For Wisconsin's School Districts: Spending Disparities, Finance Formulas, And Revenue Restrictions, Craig Maher, Mark Skidmore, Bambi Statz

Marquette Law Review Conferences

No abstract provided.

Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney

Marquette Law Review Conferences

No abstract provided.

Still Crazy After All These Years: The Absolute Assignment Of Rents In Mortgage Loan Transactions, Julia P. Forrester

ExpressO

This Article explores the problems arising from the use of the absolute assignment of rents in mortgage loan transactions, which have continued for over a century, as well as possible solutions. Rents are a significant part of the security for loans secured by income-producing properties such as office buildings, shopping centers, and apartments. Under present law in many states, the absolute assignment of rents is the only means by which lenders can create an effective security interest in rents of mortgaged property. An absolute assignment of rents purports to transfer title to rents to the mortgage lender although in substance …

What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner

Marquette Law Review Conferences

No abstract provided.

Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi

Marquette Law Review Conferences

No abstract provided.

The Case For Residency-Based Taxation Of Financial Transactions In Developing Countries, Yoram Keinan

ExpressO

This paper will endorse adoption of residency-based taxation for financial transactions by developing countries. The paper will focus on the following three tax aspects of cross –border financial transactions: (i) taxation of interest, dividends and capital gains earned by nonresidents; (ii) taxation of cross-border derivatives; and (iii) taxation of non-residents trading in securities in the developing country. The paper will use models contained in several countries, including the United States and Israel, to illustrate and support the proposed regime. The conclusions advanced are that to sustain economic growth, developing countries should adopt residency-based taxation for financial transactions, which would allow …

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Marquette Law Review Conferences

No abstract provided.

Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann

Marquette Law Review Conferences

No abstract provided.

"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati

Marquette Law Review Conferences

No abstract provided.

On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen

Marquette Law Review Conferences

No abstract provided.

Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams

Marquette Law Review Conferences

No abstract provided.

From Origin To Delta: Changing Landscape Of Modern Constitutionalism, Jiunn-Rong Yeh, Wen-Chen Chang

ExpressO

This article deals with the question of whether and to what extent the two forces of democratization and globalization have altered our understandings of constitutionalism. We attempt to theorize a changing landscape of constitutionalism that includes transitional and transnational perspectives and examine respectively their features, functions and characteristics. First, we analyze respective developments of transitional and transnational constitutionalism by identifying their features, perspectives, functions, and characteristics. Then we examine to what extent and in what ways the developments in transitional and transnational constitutionalism pose challenges to our traditional understanding of modern constitutional laws. Finally, we shall picture a new constitutional …

One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia

ExpressO

The Rome Statute of the International Criminal Court (ICC) permits the ICC to exercise subject-matter jurisdiction over individuals who engage in war crimes, genocide, crimes against humanity, and crimes of aggression. However, under Article 13, the ICC may only exercise personal jurisdiction over persons referred by the Security Council under Chapter VII, or over nationals of a state party, or persons whose alleged criminal conduct occurred on the territory of a state party

This article evaluates the interplay between principles of public international law and international criminal law in determining whether the ICC’s grant of jurisdiction under the Rome Statute …

Uncivil Religion: "Judeo-Christianity" And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix

ExpressO

In the recent Decalogue Cases, Justice Scalia argued that when it comes to “public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.” Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A “civil religion” is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond. The most recent incarnation of American civil …

Governor Richardson's Task Force On Ethics Reform: Report Of Recommendations, Garrey E. Carruthers, Suellyn Scarneccia

Governor Richardson's Task Force on Ethics Reform (2006)

Governor Bill Richardson created the Governors Task Force on Ethics Reform to develop a comprehensive approach to reforming New Mexico's ethics and campaign finance laws. During the course of its work, the task force discussed issues pertinent to campaign finance, governmental conduct, legislative compensation and prevention and enforcement. After discussing the broad range of issues to be included in a recommended reform package, the task force members agreed to make recommendations to establish a state ethics commission; to limit the receipt of gifts by state officials; to establish campaign contribution limits; to strengthen campaign reporting laws; to provide legislative expense …