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2009

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Articles 2371 - 2400 of 11223

Full-Text Articles in Law

Religious Symbols In The Public Space: In Search Of A European Answer, Isabelle Rorive Jun 2009

Religious Symbols In The Public Space: In Search Of A European Answer, Isabelle Rorive

Cardozo Law Review

No abstract provided.


The Negotiation Culture Of Lengthy Peace Processes: Cyprus As An Example Of Spoiling That Prevents A Final Solution, A. Marco Turk Jun 2009

The Negotiation Culture Of Lengthy Peace Processes: Cyprus As An Example Of Spoiling That Prevents A Final Solution, A. Marco Turk

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Night At The Museum: The Value Of Cultural Property And Resolving The Moral And Legal Problems Of The Illicit International Art Trade, Thomas Meena Jun 2009

Night At The Museum: The Value Of Cultural Property And Resolving The Moral And Legal Problems Of The Illicit International Art Trade, Thomas Meena

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii Jun 2009

Jurisdiction To Prosecute Non-National Pirates Captured By Third States Under Kenyan And International Law, James Thuo Gathii

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Unjust Enrichment Unjustly Ignored: Opportunities And Pitfalls In Bringing Unjust Enrichment Claims Under Icsid, Ana Vohryzek Jun 2009

Unjust Enrichment Unjustly Ignored: Opportunities And Pitfalls In Bringing Unjust Enrichment Claims Under Icsid, Ana Vohryzek

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Malaysia Historical Salvors Sdn., Bhd. V. Malaysia: An End To The Liberal Definition Of Investment In Icsid Arbitrations, John P. Given Jun 2009

Malaysia Historical Salvors Sdn., Bhd. V. Malaysia: An End To The Liberal Definition Of Investment In Icsid Arbitrations, John P. Given

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Table Of Contents - Cardozo Law Review, Volume 30, Issue 6 Jun 2009

Table Of Contents - Cardozo Law Review, Volume 30, Issue 6

Cardozo Law Review

No abstract provided.


Symposium: Constitutionalism And Secularism In An Age Of Religious Revival: The Challenge Of Global And Local Fundamentalisms Jun 2009

Symposium: Constitutionalism And Secularism In An Age Of Religious Revival: The Challenge Of Global And Local Fundamentalisms

Cardozo Law Review

No abstract provided.


Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld Jun 2009

Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Constitutionalism And Secularism: The Need For Public Reason, András Sajó Jun 2009

Constitutionalism And Secularism: The Need For Public Reason, András Sajó

Cardozo Law Review

No abstract provided.


The Myth Of The Neutral State And The Individualization Of Religion: The Relationship Between State And Religion In The Face Of Fundamentalism, Karl-Heinz Ladeur Jun 2009

The Myth Of The Neutral State And The Individualization Of Religion: The Relationship Between State And Religion In The Face Of Fundamentalism, Karl-Heinz Ladeur

Cardozo Law Review

No abstract provided.


Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann Jun 2009

Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann

Cardozo Law Review

No abstract provided.


Law And Religion Under The Status Quo Model: Between Past Compromises And Constant Change, Daphne Barak-Erez Jun 2009

Law And Religion Under The Status Quo Model: Between Past Compromises And Constant Change, Daphne Barak-Erez

Cardozo Law Review

No abstract provided.


Sovereignty And Laïcité, Michel Troper Jun 2009

Sovereignty And Laïcité, Michel Troper

Cardozo Law Review

No abstract provided.


The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens Jun 2009

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.


Islamic Headscarves And Slippery Slopes, Murat Borovali Jun 2009

Islamic Headscarves And Slippery Slopes, Murat Borovali

Cardozo Law Review

No abstract provided.


Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik Jun 2009

Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik

Cardozo Law Review

No abstract provided.


The Power Of Symbols And Symbols As Power: Secularism And Religion As Guarantors Of Cultural Convergence, Susanna Mancini Jun 2009

The Power Of Symbols And Symbols As Power: Secularism And Religion As Guarantors Of Cultural Convergence, Susanna Mancini

Cardozo Law Review

No abstract provided.


Veiling And Women's Intelligibility, John Borneman Jun 2009

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.


Uniforms And Veils: What Difference Does A Difference Make?, Leora Bilsky Jun 2009

Uniforms And Veils: What Difference Does A Difference Make?, Leora Bilsky

Cardozo Law Review

No abstract provided.


Gender, Religion, Law, Marcela Iacub Jun 2009

Gender, Religion, Law, Marcela Iacub

Cardozo Law Review

No abstract provided.


Secular Constitutionalism Vindicated, Frances Raday Jun 2009

Secular Constitutionalism Vindicated, Frances Raday

Cardozo Law Review

No abstract provided.


Religious Revival And Pseudo-Secularism, Guy Haarscher Jun 2009

Religious Revival And Pseudo-Secularism, Guy Haarscher

Cardozo Law Review

No abstract provided.


Living Together Differently, Adam B. Seligman Jun 2009

Living Together Differently, Adam B. Seligman

Cardozo Law Review

No abstract provided.


Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe Jun 2009

Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe

Cardozo Law Review

No abstract provided.


Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin Jun 2009

Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin

Cardozo Law Review

No abstract provided.


Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem Jun 2009

Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem

Cardozo Law Review

No abstract provided.


Development And Outcomes Of Investment Treaty Arbitration, Susan Franck Jun 2009

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …


Let Us Never Blame A Contract Breaker, Richard A. Posner Jun 2009

Let Us Never Blame A Contract Breaker, Richard A. Posner

Michigan Law Review

Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages. I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms. I further argue that contract doctrines should normally be alterable only on the basis of empirical investigations.


Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore Jun 2009

Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore

Michigan Law Review

The remedy of expectancy damages in contract law is conventionally described as strict liability for breach. Parties sometimes stipulate damages in advance, and may agree that the damages they stipulate shall be the exclusive remedy for breach. They may do so because of their conviction that they can, even in advance, assess damages with greater accuracy than courts, and they may be wary of litigation costs associated with the postbreach determination of expectancy damages. This Article advances two claims. First, that the familiar expectation remedy is correctly understood to involve elements of fault. There is litigation over the question of …