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Articles 8851 - 8880 of 11222
Full-Text Articles in Law
2009-07-10 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
2009-07-10 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence
No abstract provided.
2009-05-22 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
2009-05-22 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence
No abstract provided.
2009-02-20 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
2009-02-20 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law
H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence
No abstract provided.
Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope Andrews
Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope Andrews
Articles & Chapters
South Africa's post-apartheid constitution has been widely admired and constantly referenced by international scholars, and especially international human rights scholars, for its comprehensive embrace of gender equality. But the commitment to gender equality has been tested by other liberatory discourses, including African nationalism and cultural and religious autonomy. This Article examines the evolution of South African legislation and constitutional jurisprudence in the face of competing imperatives, for example, between equality, legal pluralism, customary law/religious law, and the recognition of polygamy. In particular, it focuses on the Recognition of Customary Marriages Act, a statute that purports to regulate customary marriages, including …
Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman
Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman
Articles & Chapters
Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
Articles & Chapters
No abstract provided.
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
Nevada Law Journal
No abstract provided.
Do We Need A Right To Housing?, Kristen David Adams
Do We Need A Right To Housing?, Kristen David Adams
Nevada Law Journal
No abstract provided.
Nevada Alimony: An Important Policy In Need Of A Coherent Policy Purpose, The Honorable David A. Hardy
Nevada Alimony: An Important Policy In Need Of A Coherent Policy Purpose, The Honorable David A. Hardy
Nevada Law Journal
No abstract provided.
Are You A Boy Or A Girl? Show Me Your Real Id, James Mcgrath
Are You A Boy Or A Girl? Show Me Your Real Id, James Mcgrath
Nevada Law Journal
No abstract provided.
Rob Once, Serve Twice?: Punishment Under Both The Federal Bank Robbery Act And The Hobbs Act Violates The Double Jeopardy Clause, Jamie Zimmerman
Rob Once, Serve Twice?: Punishment Under Both The Federal Bank Robbery Act And The Hobbs Act Violates The Double Jeopardy Clause, Jamie Zimmerman
Nevada Law Journal
No abstract provided.
Restoring Sanity To Subrogation After Sereboff, Holly Ludwig
Restoring Sanity To Subrogation After Sereboff, Holly Ludwig
Nevada Law Journal
No abstract provided.
Golan V. Gonzales: An Opportunity To Reexamine The Relationship Between First Amendment Rights And Copyright Protection, Krystal Joy Gallagher
Golan V. Gonzales: An Opportunity To Reexamine The Relationship Between First Amendment Rights And Copyright Protection, Krystal Joy Gallagher
Nevada Law Journal
No abstract provided.
To Pay Or Not To Pay: The Nevada Slayer Statute And The Insurance Companies' Dilemma, Alissa Macomber
To Pay Or Not To Pay: The Nevada Slayer Statute And The Insurance Companies' Dilemma, Alissa Macomber
Nevada Law Journal
No abstract provided.
International Executive Agreements On Climate Change, Hannah Chang
International Executive Agreements On Climate Change, Hannah Chang
Sabin Center for Climate Change Law
The difficulty of ratifying any future climate change agreement through the Article II treaty process calls for an understanding of the scope of the President’s independent power to enter into internationally binding commitments related to climate change. This power is necessarily limited, but as this paper shows, the President’s foreign affairs powers, together with authority derived from existing treaty obligations and federal statutes, provide legal authority for the President to enter executive agreements relating to measurement, reporting, and verification; aviation emissions; cooperative research and development in science and technology; and capacity-building for developing countries.
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Sabin Center for Climate Change Law
This paper will address how a federal program to aggregate and potentially guarantee loans made to finance energy efficiency projects can be leveraged to promote best practices on the state and local level for opening up energy efficiency projects to external financing. There are a number of existing financing tools that have started to solve the problem of providing access to capital for efficiency projects, but the programs are all relatively small and have had limited market penetration. One essential, but not exclusive, solution will be to create a federal entity, based on existing green bank proposals, that has the …
Minimalist Interpretation Of The Jurisdictional Immunities Convention, Justin Donoho
Minimalist Interpretation Of The Jurisdictional Immunities Convention, Justin Donoho
Chicago Journal of International Law
The UN Convention on Jurisdictional Immunities of States and Their Property ("Jurisdictional Immunities Convention") is the first worldwide agreement to formalize a consistent approach to jurisdictional immunity. Basically it presents a list of situations in which a person or commercial entity may sue a foreign government. Under the convention, when a foreign government engages in commercial transactions, for example, it cannot invoke immunity from certain lawsuits arising out of those transactions. But a foreign government can invoke immunity when it gravely violates human rights. This is because the Jurisdictional Immunities Convention lacks an immunity-waiver provision-similar to the one it contains …
Negotiating Classroom Process: Lessons From Adult Learning, Melissa Lee Nelken
Negotiating Classroom Process: Lessons From Adult Learning, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss
Faculty Scholarship
No abstract provided.
Breaking Up Doesn't Have To Be So Hard: Default Rules For Partition And Secession, Nathan Richardson
Breaking Up Doesn't Have To Be So Hard: Default Rules For Partition And Secession, Nathan Richardson
Chicago Journal of International Law
The creation of smaller new states by partition or secession from larger ones is among the most notable trends in the postwar international system. This trend has often been peaceful-as in the former Czechoslovakia-but conflict and discord seem to be the norm, with the breakup of and resulting war in the former Yugoslavia as perhaps the most tragic example. To the extent that the purpose of international law is, among other things, to promote peaceful relations and mutually beneficial agreements between international actors, it has largely failed to achieve this goal in cases where new states are created. This is …
Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz
Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz
Faculty Scholarship
Notwithstanding the passage of eight years, "post-9/11 discrimination" persists, most profoundly in the workplace. While the volume of cases has seemingly decreased, negative stereotypes of Muslims and Arabs have become entrenched into popular culture and consequently more prevalent in the workplace. One need only recall the 2008 presidential elections where allegations that Barack Obama was a Muslim or Arab were in effect racial slurs and ethnic epithets. Months after Barack Obama's inauguration, anti-Muslim sentiment continues in the form of the growing "Birther" movement challenging the validity of President Obama's Hawaiian birth certificate, and ultimately the legitimacy of his presidency, on …
Symbol Or Substance: An Empirical Assessment Of State Responses To Kelo, Andrew P. Morriss
Symbol Or Substance: An Empirical Assessment Of State Responses To Kelo, Andrew P. Morriss
Faculty Scholarship
The Kelo decision provoked considerable legislative activity as 46 states adopted legislation on eminent domain in its aftermath. Only about half adopted restrictions that were more than symbolic, however. This paper examines those responses using a logistic regression analysis and finds that all else equal: (1) states where legislatures were more constrained by tax and expenditure limits were less likely to adopt substantive restrictions; (2) a larger number of Republicans in the state legislature made a state more likely to adopt a substantive restriction; (3) overall Republican strength (as measured by gubinatorial [sic] elections) made states less likely …
A Failed Legal Periodical/Newspaper Of Mid-Nineteenth Century Pennsylvania: Olwine's Law Journal (December 29, 1849 To May 18, 1850), Joel Fishman
Law Faculty Publications
In reviewing the history of Pennsylvania legal periodicals, Olwine's Law Journal has one of the shortest publishing histories covering less than five months from late December 1849 to mid- May 1850.1 The newspaper was published weekly on Saturday in quarto size, in twenty-one issues over the six-month period. Each issue consisted of eight pages, consecutively paginated, with 168 pages in the entire publication. Isaac Wayne Olwine (1827?- 1863) was the editor of the newspaper and served as Deputy Prothonotary of the Court of Common Pleas of Philadelphia County, whose father Anthony was prothonotary at the time.
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Law and Contemporary Problems
There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Law and Contemporary Problems
No abstract provided.
Science, Law And The Expert Witness, Joseph Sanders
Science, Law And The Expert Witness, Joseph Sanders
Law and Contemporary Problems
Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure.
How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel
How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel
Law and Contemporary Problems
One of the most important issues for science in the courtroom is the determination of causality. Like science in the courtroom, science in the regulatory arena can also bring a clash of cultures, misunderstanding, and controversy--especially when decisions must be made with some urgency with interested parties watching closely. Here, Kriebel discusses some conventions in the conduct of science and in the ways that scientific information is communicated to nonscientists that can make it difficult for judges, lawyers, regulators, and politicians to do their jobs making decisions about complex environmental and health issues.
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Law and Contemporary Problems
In recent years, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history has played an increasingly central role in decisions that affect the cases themselves and in social policy regarding risk. In suits over tobacco-related diseases, asbestosis, radiation, and other toxic substances, more historians of technology and science, social history, and public health are being sought to provide testimony aimed at assessing responsibility for damages that have arisen years--sometimes decades--after exposure. Here, Rosner traces the use of historians as experts in litigation.
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
Law and Contemporary Problems
At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …