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2009

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Articles 8941 - 8970 of 11222

Full-Text Articles in Law

Impact Fees: An Alternative Way To Finance Public Facilities In Mississippi, Kenneth D. Farmer Jan 2009

Impact Fees: An Alternative Way To Finance Public Facilities In Mississippi, Kenneth D. Farmer

MC Law Review

No abstract provided.


The Arbitration Exception In Third Party Legal Opinions: Dead Or Alive, Jane B. Morgan Jan 2009

The Arbitration Exception In Third Party Legal Opinions: Dead Or Alive, Jane B. Morgan

MC Law Review

No abstract provided.


Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i Jan 2009

Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New Jersey’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Connecticut’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


The Massachusetts Elder Economic Security Initiative, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2009

The Massachusetts Elder Economic Security Initiative, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

The Massachusetts Elder Econamic Security Initiative offers concrete tools to shape public policies and programs to promote the economic well-being of elders. The Initiative uses the Elder Economic Security Standard Index (Elder Index) to reveal the economic vulnerability of older adults on a county-by-county basis. The Elder Index will change the way we address the economic needs of Massachusetts' older adults.


Lifelines For Elders Living On The Edge: How Elder Support Programs Compare To Living Costs. The Elder Economic Standard Index™ For Massachusetts, Laura Henze Russell Jan 2009

Lifelines For Elders Living On The Edge: How Elder Support Programs Compare To Living Costs. The Elder Economic Standard Index™ For Massachusetts, Laura Henze Russell

Gerontology Institute Publications

This report examines the array of federal and state support programs for elders in Massachusetts. It asks how well the lifelines - the support programs that have been set up to help low- and modest-income elders meet basic needs when costs exceed incomes – work in today’s economy. Which programs are serving elders well? Have they kept pace with inflation? Which lifelines are frayed, or about to rupture? Do seniors know about the programs, and use them when needed?


Self-Defense, The Law Of Armed Conflict And Port Security, George K. Walker Jan 2009

Self-Defense, The Law Of Armed Conflict And Port Security, George K. Walker

South Carolina Journal of International Law and Business

No abstract provided.


Ins And Outs Of Modern Ports: Rethinking Container Security, Jennifer L. North Jan 2009

Ins And Outs Of Modern Ports: Rethinking Container Security, Jennifer L. North

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents - Issue 1 Jan 2009

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.


United Nations Security Council Reform: Collected Proposals And Possible Consequences, Brian Cox Jan 2009

United Nations Security Council Reform: Collected Proposals And Possible Consequences, Brian Cox

South Carolina Journal of International Law and Business

No abstract provided.


Help From Across The Pond: Applying The U.K. Law Commission's Presumption That Exclusion From Management In A Private Company Is Unfairly Prejudicial As A Guide To Assessing Claims Of Minority Shareholder Oppression In U.S. Closely Held Corporations, Lindsey M. Heger Jan 2009

Help From Across The Pond: Applying The U.K. Law Commission's Presumption That Exclusion From Management In A Private Company Is Unfairly Prejudicial As A Guide To Assessing Claims Of Minority Shareholder Oppression In U.S. Closely Held Corporations, Lindsey M. Heger

South Carolina Journal of International Law and Business

No abstract provided.


Ebay's Second Life: When Should Virtual Earnings Bear Real Taxes?, Leandra Lederman Jan 2009

Ebay's Second Life: When Should Virtual Earnings Bear Real Taxes?, Leandra Lederman

Articles by Maurer Faculty

Millions of people participate in virtual worlds. The popular virtual world Second Life is designed to be a platform for commerce. This essay argues that profits received in the form of Linden dollars (Second Life's currency) should be taxed in much the same way profits received via PayPal, a widely used electronic-payment system, are. Although Second Life profits could instead be taxed once the taxpayer cashes out, that would create a special exception for Second Life that does not exist for platforms such as eBay, which would facilitate abuse and distort economic activity.


Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr. Jan 2009

Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon Jan 2009

Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook Jan 2009

Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz Jan 2009

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2009

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2009

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce Jan 2009

Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce

Scholarly Works

This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …


Torture, Necessity, And Supreme Emergency: Law And Morality At The End Of Law, Zachary R. Calo Jan 2009

Torture, Necessity, And Supreme Emergency: Law And Morality At The End Of Law, Zachary R. Calo

Scholarly Works

This paper employs Michael Walzer's concept of "Supreme Emergency" to address the permissibility of torture under conditions of necessity. It proposes moving beyond both utilitarian and deontological approaches to legal authority in order to understood necessity as a moral category. A full account of right action under conditions of necessity therefore demands taking account of the distinct yet cooperative function provided by legal and moral norms. A political official might therefore possess moral but not legal warrant to act in contravention of binding legal norms. Preserving the validity of law is essential to the economy of social reconstitution in the …


Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow Jan 2009

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

Scholarly Works

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …


Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin Jan 2009

Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin

Scholarly Works

Sustainable development is an international challenge that demands attention at all levels of government. The calls to action to achieve sustainability have varied over the last few decades. For example, in the 1970s and 1980s attention was focused on the need for environmental review and growth management strategies. In the 1990s the rhetoric shifted to smart growth and livable communities, and today, the issue has been reframed as advocates view sustainability through the lens of global warming and climate change. Regardless of the nomenclature, however, the end game is the same. While the United States as a whole speaks through …


God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine Jan 2009

God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine

Scholarly Works

This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …


Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher Jan 2009

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Scholarly Works

There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many …


Indian Reserved Water Rights: Impending Conflict Or Coming Rapprochement Between The State Of North Dakota And North Dakota Indian Tribes, Charles Carvell Jan 2009

Indian Reserved Water Rights: Impending Conflict Or Coming Rapprochement Between The State Of North Dakota And North Dakota Indian Tribes, Charles Carvell

North Dakota Law Review

No abstract provided.


Letting In The Light: The Need For Independent Review Of Sex Offender Assessments In North Dakota, Lori Conroy Jan 2009

Letting In The Light: The Need For Independent Review Of Sex Offender Assessments In North Dakota, Lori Conroy

North Dakota Law Review

No abstract provided.


Criminal Law - Search And Seizure: The North Dakota Supreme Court Adopts A Four-Prong Test To Determine Whether Miranda Warnings Are Sufficient To Cure A Fourth Amenment Violation, Kasey Mcnary Jan 2009

Criminal Law - Search And Seizure: The North Dakota Supreme Court Adopts A Four-Prong Test To Determine Whether Miranda Warnings Are Sufficient To Cure A Fourth Amenment Violation, Kasey Mcnary

North Dakota Law Review

No abstract provided.


Landlord Weapon Or Tenant Shield? A Proposal To Reform North Dakota's Residential Security Deposit Statute, Danny Schafffzin Jan 2009

Landlord Weapon Or Tenant Shield? A Proposal To Reform North Dakota's Residential Security Deposit Statute, Danny Schafffzin

North Dakota Law Review

No abstract provided.


In Re Tenancy By The Entirety: Married Couples, Common Law Marriages, And Same Sex Partners, Orth V. Orth, John V. Orth Jan 2009

In Re Tenancy By The Entirety: Married Couples, Common Law Marriages, And Same Sex Partners, Orth V. Orth, John V. Orth

North Dakota Law Review

No abstract provided.