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2010

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Full-Text Articles in Law

American Law: Integrating Ultra-Traditional Muslims Through Accommodations, Mohamed A. Elsanousi Dec 2010

American Law: Integrating Ultra-Traditional Muslims Through Accommodations, Mohamed A. Elsanousi

Maurer Theses and Dissertations

Appropriate legal accommodations for religious minorities can support their integration into American society. Historically, the teachings and practices of many religious communities that have otherwise conflicted with state or federal law have been successfully preserved through legal accommodations. A brief comparison with the experiences of such groups as the Hasidic Jewish community will provide a context for religiously based legal accommodations for various religious communities within the United States.

This dissertation examines the particular situation of a Tablighi Jamaat community, a Muslim missionary movement, as a means to explore how legal accommodations facilitate the successful, stable integration of such groups. …


42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna Dec 2010

42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna

The University of New Hampshire Law Review

[Excerpt] “How do international human rights treaties interact with the domestic civil rights law of the United States and, particularly, 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? ―International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. The United States is obligated to respect the international treaties it ratifies, whether they are fully implemented in domestic law or not. In …


New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen Dec 2010

New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen

Chicago-Kent Law Review

Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading to considerable success, but, using …


Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa Nov 2010

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …


A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa Nov 2010

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Lance A Compa

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …


Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa Nov 2010

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Lance A Compa

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …


Slides: Shale Drilling And Completions, William Fleckenstein Nov 2010

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides


A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar Nov 2010

A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar

William & Mary Environmental Law and Policy Review

Thirty states now have renewable portfolios standards that require generators of electricity to increase their use of renewable energy. Originally intended to promote “energy independence” and other environmental goals, today the programs are among the few U.S. programs which respond to the threat of global warming. This article considers how they work and whether they are effective. It concludes that, in the absence of comprehensive international or federal greenhouse gas controls, renewable portfolio standards are an effective and productive means to retard global warming.


Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson Nov 2010

Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson

William & Mary Environmental Law and Policy Review

No abstract provided.


When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee Nov 2010

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.


Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte Oct 2010

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.


Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd Sep 2010

Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd

Richard W Hurd

[Excerpt] The ideological foundations of traditional U.S. trade unionism have been called into question by world and domestic events. The post-World War II labor movement, founded on a social truce with capital and the apparent inevitability of a rising living standard, has hit a bulkhead-piercing iceberg of dramatic proportions. The global economy, economic restructuring, deregulation, and privatization have wrought destruction on U.S. unions. In the wake of this devastation, it has become common, even for union leaders, to define unionism in objectively negative terms (e.g., without a union, you have no protection from arbitrary management). As a movement, we have …


Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein Sep 2010

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Richard W Hurd

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …


Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber Sep 2010

Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion American …


A Protocol Against Trafficking In Persons: Is It Enough?, Michelle K. Forrest Aug 2010

A Protocol Against Trafficking In Persons: Is It Enough?, Michelle K. Forrest

Michelle K Forrest

Human Trafficking is a flourishing, criminal business that brings in more than thirty-two billion dollars yearly. This paper will discuss how the trafficking enterprise is difficult to eliminate because of its growing sophistication; unique flexibility and mobility; infiltration of lawful business; lucrative profit; and transnational operation. Potential infringement upon fundamental ideals of American society, such as privacy and liberty, weakens the fight against trafficking. As a result, trafficking has become a grave threat to human rights, the rule of law, and world peace.

This paper examines the current operation of trafficking in Cambodia, a country that supplies individuals for trafficking; …


Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn Jul 2010

Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn

Robert Kahn

ABSTRACT: Many European opponents of the headscarf view themselves as engaged in a “struggle against totalitarianism.” This article explores an alternative framing: What if Muslims—rather than Nazis or Communists in training—are the more like nineteenth century Catholics, who were seen as a religious threat to European (and U.S.) liberalism? To explore this idea, this article looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century U.S. laws that banned public school teachers from wearing clerical garb. It reaches two tentative conclusions. First, many of the claims made against European Muslims—especially about the “backward” nature …


Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center Jul 2010

Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl Jul 2010

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Faculty Publications

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the …


A United States Marine General Should Replace General Mcchrystal, Christopher C. Cooper Dr. Jun 2010

A United States Marine General Should Replace General Mcchrystal, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

General McChrystal’s insubordinate statements about the President and Vice President of the United States represent a violation of the Uniform Code of Military Justice (UCMJ). What the Obama administration should take from this unfortunate event is that the top commander in Afghanistan (and in any war for that matter) should be a United States Marine general. Marines stay fit. Marines follow orders. Marine officers set the example. We must be critical of General McChrystal for setting the most abhorrent of examples for the men and women of the U.S. Army.


Slides: America's Redrock Wilderness, Scott Groene Jun 2010

Slides: America's Redrock Wilderness, Scott Groene

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Scott Groene, Executive Director, Southern Utah Wilderness Alliance (Moab, UT)

23 slides


Breaking The Ice - Overview On The First Chinese Judgment Recognized And Enforced By The United States Courts, Tao Liang May 2010

Breaking The Ice - Overview On The First Chinese Judgment Recognized And Enforced By The United States Courts, Tao Liang

Tao LIANG

On August 12, 2009, the United States District Court for the Central District of California ("District Court") issued a judgment against Robinson Helicopter Company, Inc ("RHC"), a California corporation as the defendant, recognizing and enforcing a Chinese judgment in favor of Hubei Gezhouba Sanlian Industrial Co., Ltd. ("Gezhouba") and Hubei Pinghu Cruise Co., Ltd. ("Pinghu"), two corporations located in China as the plaintiffs. This case resulted from a serious helicopter accident in 1994. The following 15 years witnessed a series of long-drawn litigations between both parties in the courts of China and the United States. It is really a litigation …


Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber May 2010

Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] The American labor movement is at a watershed. For the first time since the early years of industrial unionism sixty years ago, there is near-universal agreement among union leaders that the future of the movement depends on massive new organizing. In October 1995, John Sweeney, Richard Trumka, and Linda Chavez-Thompson were swept into the top offices of the AFL-CIO, following a campaign that promised organizing "at an unprecedented pace and scale." Since taking office, the new AFL-CIO leadership team has created a separate organizing department and has committed $20 million to support coordinated large-scale industry-based organizing drives. In addition, …


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon May 2010

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.


May Roundtable: The Downfall Of Human Rights? Introduction May 2010

May Roundtable: The Downfall Of Human Rights? Introduction

Human Rights & Human Welfare

An annotation of:

“The Downfall of Human Rights” by Joshua Kurlantzick. Newsweek. February 19, 2010.


A Positive View Of The Trajectory Of The Human Rights Movement, David Akerson May 2010

A Positive View Of The Trajectory Of The Human Rights Movement, David Akerson

Human Rights & Human Welfare

In 1988, during the waning days of apartheid in South Africa, I was a young American lawyer working for South African Lawyers for Human Rights in Pretoria. On one occasion, I accompanied some of my African colleagues to a conference, the purpose of which was to begin visualizing post-apartheid South Africa. While the apartheid regime was still in power, it was clearly in hasty retreat, and it was equally clear that its days were numbered. The African majority would soon be taking over the reigns of power, and they were excited to begin visualizing what freedom and human rights might …


Premature Judgment, Todd Landman May 2010

Premature Judgment, Todd Landman

Human Rights & Human Welfare

Just as Mark Twain said in 1897, “The report of my death was an exaggeration,” many commentators have prematurely reported the death of human rights. For example, in 1999, in The Theory and Reality of the Protection of International Human Rights , J. Shand Watson sees human rights as a “mere fiction” in light of a century of state-sponsored killing. One year later, Costas Douzinas, through an appeal to history, philosophy, and psychoanalysis proclaimed the “end of human rights.” It is thus no surprise that the article by Joshua Kurlantzick is yet another attempt to warn us that human rights …


Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie Apr 2010

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (GCUA) (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …


Constitutional Caution, Bruce Ledewitz Apr 2010

Constitutional Caution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones Mar 2010

Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones

San Diego International Law Journal

This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.


A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks Mar 2010

A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks

San Diego International Law Journal

This Article will examine the Iraq SOFA’s use of duty status as a basis for determining which State has primary jurisdiction over U.S. service members for alleged criminal misconduct in Iraq. In the third section, the Article will briefly explain what a SOFA is, and how and why they are used, focusing on the North Atlantic Treaty Organization (NATO) SOFA. This section will also utilize examples of U.S. service member misconduct, both associated with and detached from official duty, to illustrate the application of an acts-based SOFA jurisdiction article. The fourth section turns to the Iraq SOFA’s status-based jurisdiction article, …