Law Commons^™

July 21, 2009: The Rejection Of God Leading To Relativism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Rejection of God Leading to Relativism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Boaron V. National Labour Court, Esther Hayut, Edmond E. Levy, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia, Hanan Melcer, Edna Arbel

Translated Opinions

Facts: Four widows who had each been receiving either a dependents allowance or a survivors allowance in accordance with the provisions of the National Insurance Law [Consolidated Version], 5755-1995, received notices from the National Insurance Institute indicating that their allowances had been discontinued — as of the time that the Institute had determined that each had begun living together with a new partner in a common-law marriage. After the relevant regional labour courts ruled in favor of the petitioners, the National Labour Court upheld the discontinuation of the allowances for all of them.

Held: The National Labour Court’s decision involved …

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …

Substantial Compliance, Steve R. Johnson

Scholarly Publications

There are many exceptions to the juvenile saw that “close counts only in horseshoes and hand grenades.” State and local tax practice may be among those exceptions – depending on possible application of the doctrine of substantial compliance. The tax law often makes the legal validity of one action contingent on a party having taken preliminary steps. Strict compliance – having to take those steps in precisely the right way at precisely the right time – is not always necessary. Courts sometimes hold that substantial compliance – “close enough” - suffices.

This installment of Interpretation Matters discusses the substantial compliance …

July 19, 2009: Getting Jesus Out Of The Legislature, Bruce Ledewitz

Hallowed Secularism

Blog post, “Getting Jesus Out of the Legislature“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Quick - Somebody Call Amnesty International! Intel Says Eu Antitrust Fine Violated Human Rights, Robert H. Lande

All Faculty Scholarship

This articles discusses Intel's claim that the EU's fine against it for a competition law violation was so large that its human rights' were violated.

Thug Life: Hip Hop’S Curious Relationship With Criminal Justice, André Douglas Pond Cummings

Law Faculty Scholarship

I argue that hip hop music and culture profoundly influences attitudes toward and perceptions about criminal justice in the United States. At base, hip hop lyrics and their cultural accoutrements turns U.S. punishment philosophy upon its head, effectively defeating the foundational purposes of American crime and punishment. Prison and punishment philosophy in the U.S. is based on clear principles of retribution and incapacitation, where prison time for crime should serve to deter individuals from engaging in criminal behavior. In addition, the stigma that attaches to imprisonment should dissuade criminals from recidivism. Hip hop culture denounces crime and punishment in the …

July 17, 2009: More On Netroots Panel On Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on netroots panel on church and state“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.

Animal, Vegetable, Mineral—Wind? The Severed Wind Power Rights Conundrum, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

U.S. wind power capacity increased fifty percent in 2008, making wind one of the fastest growing energy sources. Wind has several advantages over conventional energy fuels: it is renewable, does not emit pollutants, and does not require scarce water resources to process the raw product or to generate electricity. Yet wind power’s rapid growth is creating its own crisis. Thousands of landowners across the country have severed their “wind rights,” splitting wind ownership apart from surface ownership. However, wind power development requires extensive, and perpetual, surface disturbance. As surface owners are the parties most impacted, taking them out of the …

Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in an eminent domain action that held that appellant’s condemnation action was barred, under NRS 334.030, once governmental agency designated a railroad as surplus government property.('v

July 15, 2009: The Politics Of The Future, Bruce Ledewitz

Hallowed Secularism

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

Cityland – Vol. 6, No. 6, Center For New York City Law

CityLand - 2009

The July 2009 issue of CityLand highlights major land use, zoning, and preservation developments in New York City. The City Council approved Fordham University’s Lincoln Center expansion plan with modifications to building height and bulk, and passed Two Trees Management’s Dock Street DUMBO development despite controversy over views of the Brooklyn Bridge. The Council also approved rezoning plans for Canarsie, Cord Meyer–Forest Hills, and the Lower Concourse in the Bronx, aiming to preserve neighborhood character and improve waterfront access. The City Planning Commission advanced the modified Coney Island redevelopment plan. BSA decisions included vested rights approval for a Lower East …

Financial Regulatory Reform And Private Funds, Anita Krug

All Faculty Scholarship

This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.

July 13, 2009: Whatever Works—And Loves, Bruce Ledewitz

Hallowed Secularism

Blog post, “Whatever Works—and Loves“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Peeking In Cyberspace's Backdoor, James Stribopoulos

Editorials and Commentaries

No abstract provided.

July 11, 2009: How Secularists Die, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Secularists Die“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

July 9, 2009: How Is The Constitution Interpreted?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How is the Constitution Interpreted?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Responsibility To Protect: A Framework For Prevention, Sheri P. Rosenberg

Articles

Most agree that prevention is the most important aspect of the Responsibility to Protect. The best way, after all, to protect populations from mass atrocities is to ensure that they do not occur in the first instance. Nonetheless, Since the adoption of the R2P Doctrine at the World Summit, academic and policy debate concerning the legal and normative content of R2P, continue to neglect its preventative dimension. This paper begins to fill that lacunae in policy and scholarship by examining seeks to develop the preventative dimension of R2P by examining the relationship between evolving international human rights law on prevention …

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.

July 8, 2009: What Is The Difference Really Between Believers And Nonbelievers?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is the Difference Really Between Believers and Nonbelievers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Flexible Work Arrangements And Low-Wage Work: Presentation By Liz Watson, Liz Watson

Conferences, Panels, and Events

Presentation given by Liz Watson, Legislative Counsel, Workplace Flexibility 2010, during a briefing titled "Flexible Work Arrangements and Low-Wage Work." This event was held on July 8, 2009, and presented by Workplace Flexibility 2010 and the New America Foundation.

Improving Work Schedules In Hourly Jobs, Susan J. Lambert

Conferences, Panels, and Events

Slides of presentation given by Susan J. Lambert, Associate Professor, University of Chicago, at a briefing titled "Flexible Work Arrangements and Low-Wage Work." This event was held on Wednesday, July 8, 2009, and presented by Workplace Flexibility 2010 and the New America Foundation.

Eligibility For Organ Donation: A Medico-Legal Perspective On Defining And Determining Death, Jocelyn Downie, Matthew R. Kutcher, Chantelle Rajotte, Alison Shea

Articles, Book Chapters, & Popular Press

Purpose: In the context of post-mortem organ donation, there is an obvious need for certainty regarding the legal definition and determination of death, as individuals must be legally pronounced dead before organs may be procured for donation. Surprisingly then, the legal situation in Canada with regard to the definition and determination of death is uncertain. The purpose of this review is to provide anesthesiologists and critical care specialists with a medico-legal perspective regarding the definition and determination of death (particularly as it relates to non-heart-beating donor protocols) and to contribute to ongoing improvement in policies, protocols, and practices in this …

Influenza A(H1n1) And Pandemic Preparedness Under The Rule Of International Law, Lawrence O. Gostin

O'Neill Institute Papers

A novel strain of Influenza A (H1N1) spread rapidly through Mexico in April 2009 and now spans the globe. By the time WHO was notified and responded, geographical containment was not feasible, leading the agency to call for mitigation. The international outbreak of SARS in 2003 and the more recent Influenza A (H5N1) among birds with limited transmission to humans helped prepare the world for the current pandemic threat. SARS galvanized the WHO to revise the antiquated International Health Regulations (IHR) in 2005, which took effect June 15, 2007. Governments instituted preparedness plans in response to avian influenza.

Despite increased …

Coordinating Sanctions In Torts, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this regulatory picture of tort law, the Article asks the question how tort law should coordinate with already existing non-tort systems of regulation. Thus, for example, if a particular activity is already subject to extensive agency-based regulation, regulation that already addresses the negative externalities or other market failures associated with the activity, what regulatory role remains for tort law? Should tort law in …

Opposition To Petition For A Writ Of Certiorari, Holder V. Humanitarian Law Project, No. 08-1498 (U.S. July 6, 2009), David Cole

U.S. Supreme Court Briefs

No abstract provided.

Conditional Cross-Petition For A Writ Of Certiorari, Holder V. Humanitarian Law Project, No. 08-1498 (U.S. July 6, 2009), David Cole

U.S. Supreme Court Briefs

No abstract provided.