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Articles 571 - 600 of 10546
Full-Text Articles in Law
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
Research Collection Yong Pung How School Of Law
No abstract provided.
Another Take On The Mortgage Debt Relief Situation, Deborah A. Geier
Another Take On The Mortgage Debt Relief Situation, Deborah A. Geier
Law Faculty Articles and Essays
Prof. Deborah A. Geier responds to Prof. Stephen Cohen's viewpoint on the mortgage debt relief debate.
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Indonesian Journal of International Law
Nowadays, International Organizations has been recognized as one of the international law subject after exceeded a long winding road. The logical consequence of the recognition is the capability of International Organization to construct an international agreement as well as a State has done. Nevertheless, there are still several mechanism differences between State and International Organization in construct an international agreement. The main difference is about who has the authority to make a deal in international agreement process. This article explores and analyzes the great effort of international organization to gain the recognition as one of international law subject, also the …
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Indonesian Journal of International Law
Law enforcement cooperation in international relations is crucial to determine on whether or not national law enforcement to transnational crimes is succeed. The oldest cooperation is extradition followed by other cooperation such as mutual legal assistance treaty, transfer of sentenced person, transfer of criminal proceedings, joint investigation and handing over. This article tries to examine the reasons why those kinds of agreement are needed in law enforcement cooperation. It specifically discuss on Indonesia’s experience in concluding those agreement with its neighboring states within ASEAN.
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Indonesian Journal of International Law
Human rights violations become an interesting topic in this 21st century along with emerging respects for civil rights for every violent action. Every person has freedom from persecution and violence either by militia or military force. This can be seen from the establishment of the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. These efforts are aimed to those who are violating human rights especially by the military force which they can be brought the ICC for their actions.
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Indonesian Journal of International Law
The Law Number 24 Years 2000 on International Agreement has been implemented for more than 5 years, thus the evaluation of its implementation needs to be done, whether it has accomplished its own purpose when it was made or not. The main point is the question does it have to be changed ? this article gives guidance through some questions to answer the main question. Some advices, such as how important is to make people who have the authority to construct international agreement understand what they have to do, and the background of the formulation of that Law, have been …
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Indonesian Journal of International Law
The process of peacemaking in Aceh is based on the acceptance of the peace agreement signed by the Indonesian government and the Free Aceh Movement (GAM) in Helsinki on August 15, 2005. While the signing of the peace agreement were mainly determined by the negotiations between the two sides, the establishment of the Aeh Governance Law is entirely a different political process in the Indonesian parliament. The contestation of political and economic interests among political parties in the deliberative process of the law is inevitable. Thus, the content of the law should be seen as the result of a political …
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Indonesian Journal of International Law
Trade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers …
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
Indonesian Journal of International Law
The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia …
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Indonesian Journal of International Law
The idea of the Doha Declaration was background by the protest of the developing countries who think the TRIPS Safeguards is not clear and not multi interpretation. The developing countries are trying to find a interpretation instrument to the TRIPS Safeguards that fulfill the requirements of international law, especially the Vienna Convention which set the Treaty Law and the negotiation legislative process based on the WTO decision making framework. In Doha Declaration, the developing countries reach the main purpose to find the explanation to the TRIPS Safeguards interpretation. Even in the future, the difference of the economic level, technology, and …
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Indonesian Journal of International Law
The increasing number of the breaking of international law especially the use of military force by the States, the regulation in military violence in international relations is not relevant anymore. Even the United Nations and the provision in the Charter considered can not face the reality in the world right now. But, that opinion can not be justified because many of the states in the world always trying to find the justification in international law for all of the action by the states.
Immigrants And Their International Money Flows, Susan Pozo Editor
Immigrants And Their International Money Flows, Susan Pozo Editor
Upjohn Press
This book consists of a series of studies on the topic of international migration with an emphasis on workers' remittances. Chapters cover the impact of remittances on economic development and the interplay of immigration policies with human capital acquisition and labor markets in out-migration areas.
Cep V Bell Aliant Regional Communications Llp, Innis Christie
Cep V Bell Aliant Regional Communications Llp, Innis Christie
Innis Christie Collection
This is a Union grievance regarding the scheduling of part-time employees and whether temporary student employees should be regarded as part-time for scheduling. The student's total annual work hours could be reduced under the Union's interpretation. The Employer does not include student employees as 'part-time' in the interpretation of the collective agreement.
Vol. 58, No. 5, October 30, 2007, University Of Michigan Law School
Vol. 58, No. 5, October 30, 2007, University Of Michigan Law School
Res Gestae
•Laptops Headed Back Out? •Bleu Copas •Legal Relationships •Motorcycle Mama •Sex Offenders •Prof. Litman Chat •Halloween Party Pix
October 30, 2007: Hallowed Secularism And Materialism, Bruce Ledewitz
October 30, 2007: Hallowed Secularism And Materialism, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and Materialism
Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare
Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare
Working Paper Series
This paper assesses the private remedies available under Rule 10b-5 to retail investors who have been defrauded by false corporate disclosures. After comparing the treatment received by retail investors to the treatment received by institutional investors, I identify several areas in which the federal securities laws disfavor retail investors who have been defrauded by false corporate disclosures, including the creation of a two-tiered system of investor remedies for securities fraud. Institutional investors are permitted to pick and choose which law and forum offers them the most attractive chance for recovery, but retail investors typically do not have this opportunity. They …
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Working Paper Series
Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of "Christian positivism," one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement of …
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Working Paper Series
Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron’s approach. In this article, Professor Magarian defends Barron’s case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Working Paper Series
The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …
The Prose And The Passion, Penelope J. Pether
The Prose And The Passion, Penelope J. Pether
Working Paper Series
This essay takes the late Robert Cover's insight that “No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning,” and thus that “For every constitution there is an epic” as the starting point for a reading of Australian legal and literary texts about the relationship of the nation and “outsiders,” as between constitutional subjects and texts. Ranging from “legal faction” texts Evil Angels (about the “Dingo Baby” case) and Dark Victory (about the Tampa incident) and The Castle, Rob Sitch's filmic satire on the Australian takings clause and the landmark Native …
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
What's In A Name Or, Better Yet, What's It Worth?: Cities, Sports Teams And The Right Of Publicity, Mitchell J. Nathanson
Working Paper Series
This article examines the harm that accompanies real and threatened in-market relocations of professional sports teams and proposes a federal statutory remedy that will protect the interest of city residents given the reality that city governments have demonstrated their inability to adequately protect their electorate through contract law alone. Although, as this article discusses, there have been myriad bills proposed by Congress in response to several high profile out-of-market sports franchise relocations (mostly those involving NFL teams and mostly during the 1990’s), in-market relocations have historically occurred much more frequently, inflicting similar harms to the spurned city residents. Moreover, as …
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding
Working Paper Series
The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
Working Paper Series
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
Funerals And Free Speech, Timothy Zick
Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …
Split Estates: A New Equilibrium Between Surface And Mineral Owners, Bruce Kramer
Split Estates: A New Equilibrium Between Surface And Mineral Owners, Bruce Kramer
Schultz Lectureship Series: Energy Innovation
The inaugural speaker was Bruce Kramer, who spoke on “Split Estates: A New Equilibrium between Surface and Mineral Owners.” Kramer was formerly the Maddox Professor of Law at Texas Tech University School of Law and is a co-author of a four-volume treatise titled The Law of Pooling and Unitization and a casebook titled Cases and Materials on Oil and Gas Law. He is a trustee of the Rocky Mountain Mineral Law Foundation and the Energy and Mineral Law Foundation and chair of the Advisory Board of the Institute of Local Government of the Center of American and International Law …
Vol. 33, No. 08 (October 29, 2007)
"Ingenious Argument" Or A Serious Constitutional Problem? A Comment On Professor Epstein's Paper, Philip Hamburger
"Ingenious Argument" Or A Serious Constitutional Problem? A Comment On Professor Epstein's Paper, Philip Hamburger
NULR Online
No abstract provided.
October 28, 2007: End Times For Evangelicals?, Bruce Ledewitz
October 28, 2007: End Times For Evangelicals?, Bruce Ledewitz
Hallowed Secularism
End Times for Evangelicals?
Re Canada Post Corp And Cupw (Stone), Innis Christie
Re Canada Post Corp And Cupw (Stone), Innis Christie
Innis Christie Collection
The Grievor refused to work in what she considered an unsafe situation. After the Employer investigated she was ordered to return to work. Her refusal resulted in a two day suspension. The letter of suspension indicates that the Employer's decision was, in part, based on a similar suspension in her personal file, which is also being grieved. The Union claims the suspension was without just cause and wants the Employer to pay damages for what was lost as a result of the suspension and removal of all related documents in the personal file.