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Articles 10501 - 10530 of 10551
Full-Text Articles in Law
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
Articles & Chapters
Currently en vogue concerns about hedge funds are not nearly as substantial as is often claimed. Moreover, the funds themselves are reducing their risks to investors and the broader markets, in accordance with investor demands. As hedge funds benefit the broader market by mitigating price downturns, bearing risks that others will not, making securities more liquid, and ferreting out inefficiencies, policymakers should consider whether stricter regulation of hedge funds could do more harm than good.
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
Articles & Chapters
This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …
Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews
Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews
Articles & Chapters
The question that the Jacob Zuma rape trial and its aftermath raised was how a country like South Africa, with such a wonderful Constitution and expansive Bill of Rights, could generate such negative and retrogressive attitudes towards women. In line with this inquiry, this article raises three issues: The first focuses on the legacy of apartheid violence and specifically the cultures of masculinity, the underbelly of apartheid violence. Second, the article explores the findings of the Truth and Reconciliation Commission (TRC), a vital part of the post-apartheid transformation agenda, to examine how the TRC pursued violations of women's human rights. …
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Articles & Chapters
No abstract provided.
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Articles & Chapters
The last decade has witnessed an astounding increase in new real estate financing techniques, including mezzanine loans. These new financings are not directly secured by real estate and do not even directly involve land. In the real estate industry, mezzanine financing typically refers to a loan secured principally by the borrower's equity in other entities. Both economically and legally, the value of the mezzanine borrower's collateral derives solely from its indirect ownership of the underlying property.
This article provides a detailed description of the legal structure of mezzanine loans. In addition, this article evaluates the hazards, legal risks and uncertainties …
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
Articles & Chapters
No abstract provided.
But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker
But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker
Articles & Chapters
Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.
Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …
Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz
Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Regulation Of Municipal Wi-Fi, Michael Botein
Regulation Of Municipal Wi-Fi, Michael Botein
Articles & Chapters
No abstract provided.
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
Articles & Chapters
The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
Articles & Chapters
After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger
Articles & Chapters
No abstract provided.
Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger
Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger
Articles & Chapters
No abstract provided.
Going Private At The Intersection Of The Market And The Law, Faith Stevelman
Going Private At The Intersection Of The Market And The Law, Faith Stevelman
Articles & Chapters
Delaware's fiduciary doctrine governing going private transactions by controlling stockholders is presently in disarray. Controllers generally select between single step cash-out mergers and tender offers followed by short-form mergers to do these freezeouts, and they are subject to very different equitable standards depending on the format selected. Further disarray arises because the courts' longstanding commitment to strict scrutiny in freezeouts is in tension with the popular disfavor towards private class-action litigation. This disarray threatens minority investors' interests in freezeouts, and capital market values more broadly. First, the disparities in freezeout doctrine have encouraged controllers to arbitrage the legal standards for …
The Rule Of Law And The Military Commission, Stephen J. Ellmann
The Rule Of Law And The Military Commission, Stephen J. Ellmann
Articles & Chapters
This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …
Canadian Softwood Lumber And Free Trade Under Nafta, Sydney M. Cone Iii.
Canadian Softwood Lumber And Free Trade Under Nafta, Sydney M. Cone Iii.
Articles & Chapters
Canada and the United States have been involved in a long-running dispute over U.S. efforts to protect U.S. producers of softwood lumber by imposing high duties on imports of Canadian-origin softwood lumber. This dispute was prolonged by virtue of the fact that Canada and the United States not only are parties to the North American Free Trade Agreement ("NAFTA"), but also are members of the World Trade Organization ("WTO"). NAFTA contains provisions for the resolution of a trade dispute by an arbitration panel. A WTO agreement known as the Dispute Settlement Understanding ("DSU") separately provides for the creation of panels …
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Articles & Chapters
While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …
Wikipedia And The Future Of Legal Education, Beth Simone Noveck
Wikipedia And The Future Of Legal Education, Beth Simone Noveck
Articles & Chapters
No abstract provided.
The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi
The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi
Articles & Chapters
No abstract provided.
Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Articles & Chapters
No abstract provided.
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
Articles & Chapters
No abstract provided.
Torture And Islamic Law, Sadiq Reza
Torture And Islamic Law, Sadiq Reza
Articles & Chapters
This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …
Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold
Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold
Articles & Chapters
No abstract provided.
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Articles & Chapters
In this, the second installment in a series of articles planned to examine each of the twenty eight pairs of "dueling canons" having opposite effect left to us in 1950 by Karl N. Llewellyn (Karl N. Llewellyn, "Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed", 3 VANDERBILT L.REV. 395 (1950)), I examine pairs 8 through 12. I start with Pair 12, Llewellyn's formulation of the Plain Meaning Rule; it is not so much a canon of construction as a condition on construction: unless one or both of its conditions …
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Faculty Scholarship
No abstract provided.
Genes And Spleens: Property, Contract, Or Privacy Rights In The Human Body?, Radhika Rao
Genes And Spleens: Property, Contract, Or Privacy Rights In The Human Body?, Radhika Rao
Faculty Scholarship
No abstract provided.
Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils
Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils
Faculty Scholarship
No abstract provided.