Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (957)
- Constitutional Law (746)
- Social and Behavioral Sciences (680)
- Intellectual Property Law (618)
- Environmental Law (536)
-
- Criminal Law (517)
- Human Rights Law (405)
- Health Law and Policy (395)
- Courts (353)
- Comparative and Foreign Law (351)
- Civil Rights and Discrimination (330)
- Law and Society (298)
- Legislation (284)
- Administrative Law (278)
- Internet Law (261)
- Public Affairs, Public Policy and Public Administration (260)
- Science and Technology Law (252)
- Legal Education (247)
- Legal History (243)
- Business Organizations Law (240)
- Jurisprudence (237)
- Banking and Finance Law (233)
- Criminal Procedure (233)
- State and Local Government Law (231)
- Law and Gender (217)
- Computer Law (213)
- Labor and Employment Law (213)
- Tax Law (193)
- Education Law (192)
- Institution
-
- Brigham Young University Law School (766)
- American University Washington College of Law (385)
- Duke Law (373)
- University of Michigan Law School (280)
- Case Western Reserve University School of Law (248)
-
- Yeshiva University, Cardozo School of Law (237)
- William & Mary Law School (231)
- University of Maryland Francis King Carey School of Law (220)
- UC Law SF (213)
- Maurer School of Law: Indiana University (206)
- Northwestern Pritzker School of Law (205)
- Loyola University Chicago, School of Law (198)
- University of Richmond (192)
- Fordham Law School (190)
- University of Denver (184)
- Santa Clara Law (181)
- Duquesne University (171)
- Vanderbilt University Law School (170)
- University of North Carolina School of Law (167)
- Southern Methodist University (166)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (166)
- Cornell University Law School (164)
- University of Chicago Law School (161)
- University of Colorado Law School (158)
- University of Minnesota Law School (155)
- Chicago-Kent College of Law (152)
- Saint Louis University School of Law (150)
- University of South Carolina (146)
- University of Missouri School of Law (143)
- Georgetown University Law Center (138)
- Keyword
-
- Law (220)
- Human rights (196)
- Philosophy (133)
- International law (126)
- Theology (124)
-
- American Religious Democracy (118)
- Hallowed Secularism (118)
- Copyright (100)
- Politics (100)
- Intellectual property (90)
- Technology (81)
- Google (78)
- Constitutional law (74)
- Discrimination (74)
- Supreme Court (74)
- Jurisprudence (73)
- Climate change (71)
- United States (70)
- Corporations (66)
- First Amendment (63)
- Civil rights (61)
- Courts (60)
- Patent (60)
- Regulation (59)
- Race (56)
- Environmental law (55)
- History (55)
- Antitrust (54)
- Immigration (53)
- Adwords (51)
- Publication
-
- Faculty Scholarship (771)
- Utah Court of Appeals Briefs (2007– 2019) (571)
- Articles (337)
- Faculty Publications (335)
- Scholarly Works (165)
-
- All Faculty Scholarship (120)
- Hallowed Secularism (118)
- Journal Articles (97)
- Georgetown Law Faculty Publications and Other Works (96)
- Faculty Working Papers (93)
- Rosetta Stone v. Google (Joint Appendix) (92)
- BYU Law Review (86)
- Human Rights & Human Welfare (84)
- GW Law Faculty Publications & Other Works (83)
- Faculty Articles (79)
- Water Law Review (78)
- Law Faculty Publications (77)
- Cardozo Law Review (75)
- Scholarly Articles in Law Reviews & Journals (74)
- Cornell Law Faculty Publications (69)
- Publications (67)
- Saint Louis University Law Journal (67)
- SMU Law Review (66)
- North Carolina Law Review (65)
- Articles by Maurer Faculty (63)
- Case Western Reserve Law Review (63)
- Annals of Health Law and Life Sciences (62)
- Vanderbilt Law School Faculty Publications (62)
- Tulsa Law Review (61)
- Utah Supreme Court Briefs (2000–2020) (60)
- Publication Type
- File Type
Articles 1201 - 1230 of 11502
Full-Text Articles in Law
Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez
Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez
University of Miami Inter-American Law Review
No abstract provided.
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
University of Miami International and Comparative Law Review
No abstract provided.
Bespoke Custom, Edward T. Swaine
Bespoke Custom, Edward T. Swaine
Duke Journal of Comparative & International Law
No abstract provided.
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen
University of Miami Inter-American Law Review
No abstract provided.
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
University of Miami Inter-American Law Review
No abstract provided.
Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman
Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman
University of Miami Inter-American Law Review
No abstract provided.
Eriksonian Identity Theory In Counterterrorism, Cally O'Brien
Eriksonian Identity Theory In Counterterrorism, Cally O'Brien
Journal of Strategic Security
Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …
Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov
Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov
Journal of Strategic Security
This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao
Journal of Strategic Security
This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …
Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)
Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)
Journal of Strategic Security
No abstract provided.
Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist
Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist
Journal of Strategic Security
As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …
Foreword, Brian J. Kennedy
Foreword, Brian J. Kennedy
San Diego International Law Journal
This twelfth issue of the San Diego International Law Journal is composed of articles which examine a broad range of contemporary legal issues of international and foreign significance.
Private And Public Construction In Modern China, Gregory M. Stein
Private And Public Construction In Modern China, Gregory M. Stein
San Diego International Law Journal
During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby
San Diego International Law Journal
This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate
San Diego International Law Journal
This Article analyzes two key critical moments in the empowerment of the Supreme Court of India--the assertion of the basic structure doctrine, in which the Court asserted that constitutional amendments may be held unconstitutional on substantive grounds, and the development of the Public Interest Litigation (PIL) regime, through which the Court sought to protect and promote the rule of law and assume an expanded role in governance. I argue, in this article, that these two moments are exemplars of two types of moments that capture distinct aspects of the role of courts in different polities--"constitutional entrenchment" and "judicialization of governance" …
"Don't Mess With Moscow" - Legal Aspects Of The 2008 Caucasus Conflict, Hannes Hofmeister
"Don't Mess With Moscow" - Legal Aspects Of The 2008 Caucasus Conflict, Hannes Hofmeister
San Diego International Law Journal
This Article deals with a highly topical issue in international law: The Caucasus War of August 2008. This conflict illustrates how international law has become one of the arenas in which contemporary wars are fought. Both Georgia and Russia claimed the mantle of legitimacy in an effort to shape international perceptions of the conflict. But which party to the conflict really acted in accordance with international law? In order to answer this complex question, this Article will proceed as follows: It will first reconstruct the course of events that led to the outbreak of war. Having done so, it will …
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich
San Diego International Law Journal
There has always been tension between European countries and the United States on the topic of evidence gathering. Much of that tension stems from the inherent differences between common and civil policies and methods. Until the Hague Convention, the process for obtaining evidence abroad was cumbersome and unreliable. The Hague Convention sought to change that by providing signatory countries more effective methods of cooperating with each other in international litigation. However, the Hague Convention has not been able to achieve its purpose, at least not in the United States. U.S. courts have interpreted the Hague Convention as optional, meaning it …
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Dalhousie Law Journal
This article offers a new interpretation of s. 121 of the Constitution Act, 1867. The author re-evaluates the traditional interpretation of s. 121, found in Gold Seal Limited v. The Attorney General of the Province of Alberta. That interpretation limited the application of s. 121 to prohibiting interprovincial "customs duties" but nothing else. The author analyzes s. 121 using a purposive approach. After reviewing the provision's wording, legislative history, legislative context and its place within the scheme of the Act, the article concludes that a purposive and progressive interpretation leads to a more robust role for s. 121. Thus interpreted, …
Inherent Jurisdiction And Its Application By Nova Scotiacourts: Metaphysical, Historical Or Pragmatic?, William H. Charles
Inherent Jurisdiction And Its Application By Nova Scotiacourts: Metaphysical, Historical Or Pragmatic?, William H. Charles
Dalhousie Law Journal
The author explores the concept of inherent jurisdiction in the context of its use and application by the courts of Nova Scotia. A general in-depth discussion ofthe nature and source(s) of the concept is followed by an examination of three recent Court of Appeal decisions in an effort to determine that court's understanding of inherent jurisdiction. The Court of Appeal's understanding and sense of the concept is then contrasted with its use and application by the trial courts of Nova Scotia over a period of 150 years. The approach of the two levels of court to inherent jurisdiction is compared …
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Dalhousie Law Journal
In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Dalhousie Law Journal
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
The Chemical Castration Of Recidivist Sex Offenders In Canada: A Matter Of Faith, Matthew R. Kutcher
The Chemical Castration Of Recidivist Sex Offenders In Canada: A Matter Of Faith, Matthew R. Kutcher
Dalhousie Law Journal
Chemical castration refers to the use of medication to reduce male testosterone to pre-pubertal levels. Since the mid-20th century reports have detailed this practice in attempts to control pathological sexual behaviour. In 2006, the Canadian Federal Court of Appeal ruled it constitutional for the National Parole Board to require that recidivist sex offenders, if found to be long-term offenders, be chemically castrated under their conditions of release. This paper examines the chemical castration of recidivist sex offenders in Canada through a review of long-term offender hearings reported between 1997 and 2009. The practice is analyzed from ethical, medical and legal …
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Articles
Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …
Is There Hope? Incorporating The First Amendment Into A Fair Use Analysis, Alison C. Gaughenbaugh
Is There Hope? Incorporating The First Amendment Into A Fair Use Analysis, Alison C. Gaughenbaugh
University of Dayton Law Review
No abstract provided.
The Guirr International Research Collaborations Project: Towards A Greater Understanding Of International Collaboration, James J. Casey Jr.
The Guirr International Research Collaborations Project: Towards A Greater Understanding Of International Collaboration, James J. Casey Jr.
University of Dayton Law Review
No abstract provided.
Social Media And Marketing: Exploring The Legal Pitfalls Of User-Generated Content, Brian D. Wright
Social Media And Marketing: Exploring The Legal Pitfalls Of User-Generated Content, Brian D. Wright
University of Dayton Law Review
No abstract provided.