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2008

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Articles 1 - 30 of 1498

Full-Text Articles in Law

Creating Effective Broadband Network Regulation, Daniel L. Brenner Dec 2008

Creating Effective Broadband Network Regulation, Daniel L. Brenner

Daniel L. Brenner

ABSTRACT: The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for “network neutrality” or “nondiscrimination” assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This article’s chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation -- a key assumption of some advocates. The article analyzes three characteristics that hobble the FCC, the likeliest federal agency to provide prescriptive rules. First, the record for the ...


Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar Dec 2008

Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar

Rebecca Farrar

Abstract for Article: Exploring the Human Rights Implications of Microfinance Initiatives by Rebecca Farrar

Microfinance and microcredit (“MFI”) programs have been advanced as a way to make the world a better place. These programs involve making small loans to people who would otherwise be unable to borrow money to facilitate them starting their own businesses: frequently, the programs focus on women borrowers in developing countries. Muhammad Yunus of the Grameen Bank says microfinance and microcredit programs can literally end world poverty.

This Article explores MFI from several perspectives, with particular emphasis on human rights issues. The emphasis of MFI programs ...


Supreme Court’S Role Vis A Vis Indian Arbitration And Conciliation Act, 1996, Dev Chopra Dec 2008

Supreme Court’S Role Vis A Vis Indian Arbitration And Conciliation Act, 1996, Dev Chopra

dev chopra

This article examines some aspects of the growth of judicial law making by the Supreme Court in the last twelve years of the working of the Indian Arbitration and Conciliation Act, 1996. It also examines the negative role of the Supreme Court in taking the law backward thus preventing the growth of international trade and commerce. It also shows that just as politicians and bureaucrats do not give up power, judges are no exception.


Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez Dec 2008

Electronic Commerce And Legal Protection For Consumers In Spain, Juan-Antonio Mondejar-Jimenez, Mª Angeles Zurilla-Cariñana, Jose Mondejar-Jimenez

Juan-Antonio Mondejar-Jimenez

Electronic commerce is becoming increasingly common at international level. It is defined as “doing business electronically across the extended enterprise”, which includes all forms of business, administrative transactions and information exchanges in which any type of information or communication technology is used. It has also been defined as “the form of commerce that by using the services and links provided in electronic documents in the Internet, allows the customer to query, select and purchase a distributor's offer using a device that is connected to the Internet, in real time and at any time or place”. In Spain, the Information ...


How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt Dec 2008

How Mandatory Are Mandatory Minimums? How Judges Can Avoid Imposing Mandatory Minimum Sentences, Nathan A. Greenblatt

Nathan A Greenblatt

Mandatory minimum sentences are anathema to judges due to, it is commonly said, judges’ “utter lack of power to do anything for the exceptional defendants that move them.” In the case of Weldon Angelos, for example, U.S. District Judge Paul Cassell lamented that sentencing Mr. Angelos to 55 years in prison “is unjust, cruel, and even irrational. [The court] reluctantly concludes that it has no choice.” The Judicial Conference has consistently opposed mandatory minimum sentences for more than 50 years, because it, too, has concluded that mandatory sentences give judges no choice in sentencing. Indeed, the U.S. Sentencing ...


Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman Dec 2008

Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally ...


Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi Dec 2008

Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi

Kamaal Zaidi

The rule of law is often difficult to establish in developing nations characterized by frequent political changes and unstable events that affect the separation of powers between the three branches of government – the executive, legislature, and judiciary. In particular, the integrity of the judiciary is often damaged by influences from the executive and legislative branches in that core democratic principles are promoted, including civil liberties, the supremacy of law, law and order, and transparency and accountability among government actors. In Pakistan, turbulent political events over the years have irreparably damaged the ability of the Supreme Court of Pakistan to act ...


From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink Dec 2008

From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink

Ute Krudewagen

The article analyzes the numerous employment law issues that arise in global outsourcing transactions. For many of these issues, there are no clear-cut answers on how a company (or the potential service provider) should proceed. For example, in some countries, relevant employees transfer by operation of law to the service provider, even if the parties do not with this to occur. In these circumstances, the parties will need to make important decisions on what to do with any “unwanted” employees who transfer automatically in spite of the parties’ intent. Similarly, the termination of “unwanted” employees can also pose its own ...


Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Dec 2008

Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.

The Calabresi-Tillman exchange appears below under "Related Files".

This paper is not yet drafted.

[June 2, 2010]


!!! مدرسه ابوریحان, Sajjad Khaksari Dec 2008

!!! مدرسه ابوریحان, Sajjad Khaksari

SAJJAD KHAKSARI

داستان کوتاه «مدرسه ابوریحان» داستانی از واقعیت تلخ نظام آموزش و پرورش ایران است. تجربه ای میدانی از بحران فرهنگی اجتماعی که ریشه در اندیشه های متحجر مدیران این وزرات خانه دارد


Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder Dec 2008

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy Dec 2008

Original Public Understanding Of The Fourteenth Amendment As Reflected In The Print Media Of 1866-1868, David T. Hardy

David T. Hardy

The controversy between 14th Amendment total incorporation under the privileges or immunities clause, and selective incorporation under its due process clause, has remained quiescent in recent years. Now, three cases pending in the lower Federal courts are making bids to revive the controversy that once generated a feud between Justice Black and Justice Frankfurter.

In the last Term, a majority of the Supreme Court accepted a variant of original public meaning as the key to ascertaining constitutional meaning; the focus of this interpretative methodology is not upon Congressional understanding in proposing a constitutional provision, but upon the likely understanding of ...


Paul V. The Clintons, Et Al: Fec Complicity And A Plea For Real And Present Campaign Finance Reform, Ellis Washington Dec 2008

Paul V. The Clintons, Et Al: Fec Complicity And A Plea For Real And Present Campaign Finance Reform, Ellis Washington

Ellis Washington

This Article is an analysis of current legislation, case law and election law policy regarding campaign finance disclosure rules and the need for a truly independent Federal Election Commission to efficiently enforce existing election laws. Admittedly, this article isn’t as theoretical as other scholarly works on this subject, however, since campaign finance reform is a rather complex subject, I didn’t want to get caught up in the endless minutiae of legislative and court opinion other than a general review in the context of the case at bar as well as the present state of campaign finance reform policy ...


Peter Paul V. The Clintons: Fec Complicity And A Plea For Real And Present, Ellis Washington Dec 2008

Peter Paul V. The Clintons: Fec Complicity And A Plea For Real And Present, Ellis Washington

Ellis Washington

No abstract provided.


Scholarly Journals And The Open Access Conundrum, Colin B. Sakumoto Dec 2008

Scholarly Journals And The Open Access Conundrum, Colin B. Sakumoto

Colin B Sakumoto

This paper examines the desirability and feasibility of open access scholarly journals with particular emphasis on the parties shaping the production of these journals. In examining how the current publishing model will shape the implementation of open access publishing, analysis of the obstacles likely to hinder implementation is given in depth. Finally, a number of measures are suggested to help build the momentum needed to one day realize a widespread open access publishing model.


The Yahoo Case And Free Speech, Privacy And Corporate Responsibilty In The People's Republic Of China, Nikola A. Koritz Dec 2008

The Yahoo Case And Free Speech, Privacy And Corporate Responsibilty In The People's Republic Of China, Nikola A. Koritz

Nikola A Koritz

It’s like opening Pandora’s Box. You can’t put the content back. When China made the Internet commercially available in 1995 it opened the floodgate to information and free communication. But the free exchange of ideas and information over the Internet threatens China’s ability to control information exchange. The People’s Republic of China enacted restrictive regulations controlling Internet usage and is adjusting these regulations in the pace of the technical development. This paper addresses the question how international companies who want to do business in China can comply with these circumstances without compromising substantial human rights ...


The Palestinian Refugee Problem, Maged Bader Dec 2008

The Palestinian Refugee Problem, Maged Bader

Maged Bader

No abstract provided.


The Israeli Policy: Targeted Killing For Preventive Self-Defense Or Extra-Judicial Executions?, Maged Bader Dec 2008

The Israeli Policy: Targeted Killing For Preventive Self-Defense Or Extra-Judicial Executions?, Maged Bader

Maged Bader

No abstract provided.


The Pharmaceutical Industry, Aids And Justice, Jose López Guzman Dec 2008

The Pharmaceutical Industry, Aids And Justice, Jose López Guzman

Angela Aparisi Miralles

This article offers an approximation to the broad, and complicated, framework of relationships between the Third World and pharmaceutical companies. In the first part of this work, reference is made to the poverty of these countries, their lack of health education, the scarcity of basic hygiene, and of course, their greatly limited access to medicines, especially those for AIDS. The article then proceeds to the issue of the pharmaceutical companies’ degree of responsibility in the paucity of medicines in certain areas of the world. One factor that most limits access to medicines is price. Many sectors propose acting upon the ...


White Women In Peril On Broadcast And Cable Television News, Prof. Leonard M. Baynes Dec 2008

White Women In Peril On Broadcast And Cable Television News, Prof. Leonard M. Baynes

Prof. Leonard M. Baynes

Abstract White Women in Peril on Broadcast and Cable Television News By Leonard M. Baynes It has been approximately forty years since the U.S. Supreme Court found the Fairness Doctrine constitutional and approximately twenty years since the Federal Communications Commission (the “FCC”) eliminated it. The Fairness Doctrine provided that the broadcasters were required to air important issues and to make sure that the other side of the issue was also covered. In 1969 in Red Lion, the U.S. States Supreme Court found the Fairness Doctrine constitutional under the First Amendment. In the late 1980s, the FCC decided that ...


What Happened To No-Fault? The Role Of Error Reporting In Healthcare Reform, Henry Y. Huang, Farzad Soleimani Dec 2008

What Happened To No-Fault? The Role Of Error Reporting In Healthcare Reform, Henry Y. Huang, Farzad Soleimani

Henry Y Huang

No-fault systems for compensating medical injuries offer theoretical advantages over tort-based malpractice litigation, but may not actually reduce medical error rates or costs in practice. Surveys of doctors in the United States, a tort-based system, and New Zealand, a no-fault system, show that physicians across both systems share similar concerns about error reporting. These results suggest that error reporting, instead of simple cost reduction, should play a central role in no-fault compensation systems, which would reduce mistakes, improve quality going forward, generate feedback to physicians, and provide the public with greater information about their healthcare providers.


The Mid-Century Civil Rights Movement: How America Was Changed Forever, Dylan Berg Dec 2008

The Mid-Century Civil Rights Movement: How America Was Changed Forever, Dylan Berg

Dylan Berg

The Mid-Century Civil Rights Movement: How America Was Changed Forever The Civil Rights Movement fought for African-American rights in America in the early 1900’s, and is still in some instances being fought today. However, in almost a century of fighting, the most dynamic and successful era of the Civil Rights Movement was the Mid-Century era. This article focuses on the Mid-Century moral and legislative victories, and the men who helped accomplish them. It includes Brown v. The Board of Education and the Voting Rights Act of 1965. It talks of two of the greatest rabble rousing orators ever to ...


The Road To Becoming A Close Corporation, Yu-Chen Chen Dec 2008

The Road To Becoming A Close Corporation, Yu-Chen Chen

Yu-Chen Chen Esq.

The Road to Becoming a Close Corporation: A Comparative Analysis of the“Shareholders Agreement” in the United States, Japan, and Taiwan*

Chih-Cheng, Wang** Chen Yu-Chen***

Abstract The term “close corporation” has been defined in a variety of ways by various authorities and commentators. In close corporations, shareholders have difficulty determining the market value for their shares, and they have even more difficulty finding a willing outside buyer for a minority stake, whether restrictions are detailed in the articles of incorporation or a written shareholders agreement. In dealing with the unique features of a close corporation, the Model Statutory Close Corporation ...


Security From Unlicensed Foreign Reinsurers: Are The U.S. Practices A Violation Of International Trade Conventions?, Gregory S. Arnold Dec 2008

Security From Unlicensed Foreign Reinsurers: Are The U.S. Practices A Violation Of International Trade Conventions?, Gregory S. Arnold

Gregory S Arnold

The world's financial markets are in a maelstrom of regulatory convergence and reform. The European Union claims to be close to eliminating barriers to open financial services markets, including reinsurance and retrocession, and the U.S. is demanding more reinsurance capacity from reinsurers worldwide. The critics claim that the U.S. system of requiring collateral security from non-U.S., unlicensed reinsurers is anti-competitive and discriminatory. Those with a vested interest in maintenance of the status quo argue that the reinsurance collateral security requirements are prudential measures that are in place for the protection of policy holders and the solvency ...


Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming The Presidency, Seth Barrett Tillman Dec 2008

Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming The Presidency, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally ...


Brief: Noe V. Kropf: Plaintiffs' Memorandum Of Law -- Filed December 9, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Dec 2008

Brief: Noe V. Kropf: Plaintiffs' Memorandum Of Law -- Filed December 9, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Plaintiffs' Reply in Support of their Motion for Default Judgment, Motion for Judgment on the Pleadings and Motion for Attorneys' Fees and Costs at 12, Noe v. Kropf (Del. Ch. Dec. 9, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Greenberg Traurig, LLP), 2008 WL 5202998, 2008 DE Ch. Ct. Motions LEXIS 36, at *18, available at http://works.bepress.com/seth_barrett_tillman/107/.

Chancellor William B. Chandler III ruled on Plaintiffs' Motion for Default Judgment and on Intervenor's Motion ...


Bureaucracy, Bacteria, And Blame: Risk Based Inspection Systems And The Modern Food Saftey Scheme, Educating Americans To Just Do It Well Done, Heather N. Sutton Dec 2008

Bureaucracy, Bacteria, And Blame: Risk Based Inspection Systems And The Modern Food Saftey Scheme, Educating Americans To Just Do It Well Done, Heather N. Sutton

Heather N. Sutton

This comment focuses on the recent implementation of the risk based inspection system (RBIS) by the United States Department of Agriculture. A discussion of food safety evolution and consideration of the impact of the system, pre-RBIS and post-RBIS, concludes that consumer savviness is not adequately taken into account and that education as to food safety and risk is the most efficient and necessary component to government efforts to address consumer health as related to food consumption.


Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy Dec 2008

Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy

Antoinette Rouvroy

Loin du phantasme spectaculaire d’une “maléabilité” génétique de l’être humain, et nonobstant les discours grandiloquants qui ont accompagné la très coûteuse exploration du génome humain, la “nouvelle génétique humaine” ne révèle ni ne porte atteinte à l’essence de l’être humain (encore faudrait-il qu’une telle essence puisse jamais être définie), mais révolutionne notre perception des causes des smilitudes et variations au sein de l’espèce humaine. Le néologisme ‘généticisation’ désigne la contamination progressive des discours sociétaux (médicaux, juridiques, politiques, sociologiques,...) par une logique réductionniste et essentialiste faisant des gènes la cause privilégiée sinon exclusive des variations ...


Brief: Noe V. Kropf: Intervenor's Memorandum Of Law -- Filed December 4, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Dec 2008

Brief: Noe V. Kropf: Intervenor's Memorandum Of Law -- Filed December 4, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Intervenor Turnaround Advisors LLC's (1) Opposition to Plaintiffs' Motion for Default Judgment, Motion for Judgment in the Pleadings and Motion for Attorneys' Fees and Costs; and (2) Opening Brief in Support of its Motion for Attorneys' Fees and Costs at 14 nn.42, 45 & 47, 16 n.55, 18 nn.65 & 67, 19 nn.69-72, Noe v. Kropf (Del. Ch. Dec. 4, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Fish & Richardson P.C.), 2008 WL 5196082, 2008 DE ...


Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman Dec 2008

Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally ...