Law Commons^™

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …

November 29, 2008: The Grace Of Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Grace of Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pondering Fdi In Crisis: Investment Could Drop Or It Just Might Rise, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Pondering FDI in crisis: investment could drop or it just might rise", op. ed., Shanghai Daily, 28 November 2008, p. A. 6.

An 'Unconventional Truth': Conflict Of Laws Issues Arising Under The Cisg, Antonin I. Pribetic

Antonin I. Pribetic

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and choice of law principles developed within Canadian jurisprudence. Following a brief contextual overview of the CISG, Articles 1(1) (a) and 1(1) (b) and Article 6 of the CISG are highlighted, with specific reference to recent Canadian and foreign judicial decisions and foreign arbitral awards involving Canadian parties. The article concludes with a clarion call to justice stakeholders, particularly, Canadian commercial lawyers and …

Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen

George J. Mitchell Oral History Project

Biographical Note
Joan (Speed) Pedersen was born on February 11, 1940, in Boston, Massachusetts. Her mother was a legal secretary for an attorney’s office and her father worked in distribution for Firestone Tire. She grew up in West Roxbury, a heavily Irish Catholic part of Boston. She married and moved to Cape Cod, and later to Maine. From 1982-1984, she worked in Senator Mitchell’s field office in Lewiston, Maine, serving constituents. She later worked for Senator William S. Cohen and Representative John E. Baldacci.

Summary
Interview includes discussion of: growing up in Boston in the 1940s and 1950s; work as …

Comments On The Epa’S Advance Notice Of Proposed Rulemaking, Regulating Greenhouse Gas Emissions Under The Clean Air Act, 73 Fed. Reg. 44354 (July 30, 2008)

Environmental Law and Justice Clinic

No abstract provided.

Comments On The Epa’S Advance Notice Of Proposed Rulemaking, Regulating Greenhouse Gas Emissions Under The Clean Air Act, 73 Fed. Reg. 44354 (July 30, 2008), Deborah Nicole Behles

Environmental Law and Justice Clinic

On behalf of Communities for a Better Environment and Bayview Hunters Point Community Advocates the Environmental Law and Justice Clinic at Golden Gate University submits these comments in response to EPA’s Federal Register publication of its Advance Notice of Proposed Rulemaking for Regulating Greenhouse Gas Emissions Under the Clean Air Act, which solicits public comment on how to respond to the U.S. Supreme Court’s decision in Massachusetts v. EPA and how to regulate greenhouse gases under the Clean Air Act. 73 Fed. Reg. 44354 (July 30, 2008).

Summary Of Boucher V. Shaw, 124 Nev. Adv. Op. No. 96, Elham Roohani

Nevada Supreme Court Summaries

No abstract provided.

Summary Of In The Matter Of William M. V. State Of Nevada, 124 Nev. Adv. Op. No. 95, Elham Roohani

Nevada Supreme Court Summaries

Requirement that a juvenile incriminate himself to rebut certification presumption violates the Fifth Amendment right against self-incrimination.

Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani

Nevada Supreme Court Summaries

Cumulative effect of prosecutorial misconduct and the abuse of discretion on the part of the district court through a failure to give the jury a written bifurcation instruction and the resultant effect of juror misconduct warrants reversal warranted reversal of a first-degree murder and attempted murder conviction.

Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang

Theses and Dissertations

The purpose of this dissertation is to highlight the specific conditions created by armed conflicts (international and internal armed conflicts), and to survey and discuss the international laws (governing both sovereign states and international intergovernmental organizations, or governing either sovereign states or international inter-governmental organizations) that can promote better protection for journalists in the circumstances of armed conflict. This dissertation also serves to reaffirm those elements of international humanitarian law that apply to the protection of civilians and journalists in situations of armed conflict; to reestablish and promote the authority of those basic rules on both international and national levels; …

Sovereign Funds: Opportunities And Concerns, Myriam Kairouz Aucar

Myriam Kairouz Aucar

Sovereign funds are not a new notion. But they are attracting so much attention now because of their size, their rapid growth having quadrupled in size between 2003 and 2007 , and because they are investing in the US financial market institutions. This paper will explain the Sovereign Wealth Funds, address the concerns they raise as well as their importance, and try to get a view of how to balance the need for these funds with the dangers they represent. The paper also discusses some protective measures that have been emplemeted as well as some suggested protective measures.

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Charlene Smith, Nan Palmer

Jane E Cross

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided …

November 25, 2008: The Habit Of Hope, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Habit of Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 25, 2008: Pleasant Grove City V. Summum, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Pleasant Grove City v. Summum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Evolution Of Property Rights: A Synthetic Overview, James E. Krier

Law & Economics Working Papers Archive: 2003-2009

In this paper I review, extend, and critique two contrasting approaches to the evolution of property rights. The legal literature on the subject is dominated by a conventional approach, which holds a virtual monopoly despite its many shortcomings, and the literature neglects an alternative approach, despite its many virtues (including, but not limited to, the virtue of responding to many of the conventional approach’s deficiencies). The paper provides an overview of both approaches, including a brief intellectual history of each – and should thus inform readers without specialized knowledge of the subject but nevertheless interested in it – and aims …

Amicus Brief In State Of California, Et Al. V. United States Environmental Protection Agency

Environmental Law and Justice Clinic

No abstract provided.

The Right Thing For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.

Why The Implied Warranty Of Workmanlike Quality Should Apply To Subsequent Purchasers Of Commercial And Residential Property In Florida, Jorge R. Delgado

Jorge R Delgado

No abstract provided.

Termination Of A Lease Contract: General View From Czech And Illinois Law, Carissa Meyer, Marketa Selucka, Johan Schweigl

Carissa Meyer

Abstract:

The article’s main focus is on the termination of a lease contract from the perspective of Illinois law, which is a part of the common law American legal system, and Czech Republic law, which is a part of the continental European system. The article seeks to highlight the similarities and differences between each system, and to look at how a lease contract is terminated in each respective legal system. The article specifically focuses on the rights of both the landlord and tenant in both systems. The article also focuses on changes made to the Czech Civil Code since the …

An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman

NULR Online

No abstract provided.

Vol. 35, No. 12 (November 24, 2008)

Indiana Law Annotated

No abstract provided.

Paul’S Contextualization Of The Gospel Before The Areopagus In Acts 17, Philip J. Luca

Senior Honors Theses

The following thesis is an analysis on Paul’s presentation of the gospel to the Areopagus as recorded in Acts 17:22-31. The reasons behind his drastic permutation of the kerygma will be scrutinized by studying the exposition of the main components of the speech in parallel with an analysis of his audience. The objective of the thesis is to investigate the Apostle’s consistency with the orthodox kerygma as well as his interaction with the Gentile listeners. In conclusion, consequences for a relevant gospel presentation today will be proposed in light of Paul’s homily to the Areopagite Council.

Ultra Vires Statutes: Alive, Kicking, And A Means Of Circumventing The Scalia Standing Gauntlet In Environmental Litigation, Adam J. Sulkowski

Adam J. Sulkowski

This article makes a critical contribution to the fields of environmental and corporate law. It explains a problem in the citizen enforcement of environmental statutes: the issue of how to establish and secure standing to sue. The article then recommends a novel solution based in corporate law: the application of ultra vires statutes. The article significantly contributes to the scholarly literature on ultra vires statutes by: (1) examining thoroughly the history of the ultra vires doctrine, especially in early American history, (2) clarifying that scholars and practitioners should now cite ultra vires statutes rather than the doctrine, (3) reviewing recent …

Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …

November 22, 2008: Mike Huckabee’S Christian Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mike Huckabee’s Christian Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Beyond The Plenary-Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case, Freddy R. Funes

Freddy R Funes

In few areas does Critical Race Theory (CRT) give as much insight as it does in analyzing immigration law’s plenary-power doctrine. When in need of cheap labor, the United States opens its border, and, when the economy struggles, the United States reacts with racist violence against aliens. The plenary-power doctrine, which prevents courts from reviewing the actions of the political branches in the immigration context, furthers the aliens’ oppression. Thus, while the legislative and executive branches discriminate, the courts idly stand by. But the courts’ rationalizations for the plenary-power doctrine lack merit. Due to its precarious foundation, this Paper questions …

Un Código Modelo En Lenguaje Claro, Maximiliano Marzetti

Maximiliano Marzetti

La presentación del Dr. Maximiliano Marzetti refiere a un proyecto de la Asociación Latinoamericana y del Caribe de Derecho y Economía (ALACDE) para impulsar una nueva generación de codificación civil y comercial para Latino América y el Caribe desde un enfoque integrado del análisis económico del Derecho para hacer que el derecho funcione mejor y sea más eficiente. Se trata de innovar tanto en el fondo (law and economics) como en la forma (plain legal language). La redacción en lenguaje jurídico claro ayuda a disminuir los "costos de transacción" de los lectores.

Interview With Christine Williams By Brien Williams, Christine G. Williams

George J. Mitchell Oral History Project

Biographical Note
Christine G. Williams was born January 20, 1952, in Boston, Massachusetts, to Adelaide and Donald Williams, a Methodist minister. She earned a degree in history from Boston University. As a VISTA volunteer she taught on the Rosebud reservation in South Dakota before returning to New England to teach at Brunswick High School in Brunswick, Maine, for the 1975-1976 school year. Subsequently, after teaching in New Hampshire for four years, she was hired by George Mitchell’s U.S. Senate office in 1982 and worked there until 1994, focusing on health care issues in the latter years. She later went to …

Appeal No. 0775: Michael L. Kiser, Dba Bootstrap Oil V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-127