Law Commons^™

Políticas Públicas Para Enfrentar Los Desafíos Proporcionados Por Las Rentas Económicas: El Caso Del Impuesto Específico A La Minería, Andrew Linville

Independent Study Project (ISP) Collection

La economía chilena es fuertemente dependiente en la explotación y exportación de productos primarios y en sectores de recursos naturales, como los sectores minero, forestal, pesquero, y frutícola. El modelo de desarrollo emprendido por Chile en los últimos treinta años, uno de apertura unilateral y bilateral a flujos de bienes y capital, ha dado importancia especial a las políticas impositivas y reguladoras entorno a esos sectores. Sin embargo, la explotación de recursos naturales escasos proporciona un rango de desafíos únicos debido a la existencia de rentas económicas y los efectos de competencia, distribución y desarrollo regional que las acompañan. Mi …

The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards

Vanderbilt Law Review

The Right to Privacy' and his dissent in Olmstead v. United States. In The Right to Privacy, Brandeis and Samuel Warren argued that intrusion into and public disclosure of private affairs by the press was deeply hurtful, and that the common law should be read to recognize a tort remedy for such violations. Their short article is considered by scholars to have established not just the privacy torts but the field of privacy law itself. Brandeis is also famous (though less so) for his Olmstead dissent-a document which introduced modern concepts of privacy into constitutional law, and ultimately led not …

Common Agency And The Public Corporation, Paul Rose

Vanderbilt Law Review

Under the standard agency theory applied to corporate governance, active monitoring of manager-agents by empowered shareholder-principals will reduce agency costs created by management shirking and expropriation of private benefits. But while shareholder power may result in reduced managerial expropriation, an analysis of how that power is often exercised in public corporation governance reveals that it can also produce significant costs: influential shareholders may extract private benefits from the corporation, incur and impose lobbying expenses, and pressure corporations to adopt inapt corporate governance structures. These costs strain the simple principal-agent model on which shareholder empowerment is based. This Article offers an …

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

Patient Safety Law: Regulatory Change In Britain And Canada, Fiona Mcdonald

PhD Dissertations

Did governments in different countries regulate common concerns about patient safety differently? If so how and why did they do this? This thesis undertakes a historical comparison of the regulation of patient safety in Britain and Canada between 1980 and 2005. These jurisdictions began the period with very similar regulatory frameworks, but by 2005 there were distinct differences in each jurisdiction‘s regulatory response to patient safety. Britain was very actively regulating all aspects of service provision within its health system in the name of patient safety, whereas Canada‘s regulatory direction showed adherence to the 1980s model with only scattered incremental …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …

Torch (October 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …

Vol. 27, No. 4, Ryan Shannon

The Illinois Public Employee Relations Report

Contents:

Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon

Recent Developments

Foodshed Foundations: Law's Role In Shaping Our Food System's Future, Margaret Sova Mccabe

Law Faculty Scholarship

[. . .] This symposium Article analyzes how we can rethink the architecture of law based on a foodshed model to provide a greater role for local, state, and regional government in the American food system. In turn, greater roles for different levels of government may help America achieve greater efficiencies in domestic food safety, nutrition and related public health issues, sustainability, and international trade.

Americans need a greater voice in the food system. The foodshed model is a powerful vehicle that allows us to conceptualize change, allowing greater citizen participation and a more nuanced approach to food policy. The …

Clinical Legal Education At A Generational Crossroads, Dean Rivkin

Scholarly Works

Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. Consequently, clinics are at an inflection point regarding their future. Three distinct generations will determine the path forward: Baby Boomers, Generation X, and Millennials. Each generation brings a different set of preferences, biases, perspectives and strengths to the table. Given the changes in legal academia, what will the future hold for clinical legal education?

The following are four essays by clinicians from the three generations. They each relay their …

Florida State Law Alumni Magazine (Fall 2010), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of 'Defamation Of Religion', Robert C. Blitt

Scholarly Works

The emerging international human rights norm of “defamation of religion,” an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …

Transforming The Allocation Of Deal Risk Through Reverse Termination Fees, Afra Afsharipour

Vanderbilt Law Review

Acquisition agreements are peppered with various provisions designed to mitigate, allocate, or address the ramifications of deal risk. The potential for deal risk is particularly pronounced in acquisition transactions involving public companies, which generally entail a significant interim period between the date of the signing of the acquisition agreement and the date of the completion of the transaction. Allocation of deal risk is a vital component of deals where millions, if not billions, of dollars are at stake for buyers and sellers, as well as their shareholders and stakeholders. Perhaps the most obvious deal risk is of one party abandoning …

Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations, David M. Barnes

Vanderbilt Law Review

Corporate law considers the affairs of a corporation to be private activity. The prevailing concept of the firm is a nexus of private contract rights among participants in an economic enterprise. But for many U.S. auto and financial services corporations, the events of the fall of 2008 and the winter of 2009 turned this presumption on its head. The U.S. government's $700 billion bailout injected an alien actor-the United States Treasury-into this once-private enterprise. The bailout enabled the Treasury to take a direct equity stake in many of the nation's struggling auto and financial services corporations. In the fall of …

Framing Change: Cause Lawyering, Constitutional Decisions, And Social Change, Mary Ziegler

Scholarly Publications

This article contends that current critics of change-oriented litigation assume a particular model of the relationship between law and social change: law is argued to mirror popular mores, and judicial decisions are thought at most to suppress unusual or outlying laws. This model is incomplete, because judicial decisions may help to change how a social cause is defined and labeled. In presenting a supplementary model, I argue that judicial decisions reframe debates, privileging some arguments, marginalizing others, altering the coalitions on either side and influencing the types of legal reform those coalitions are able to pursue.

A series of state …

Constitutional Convention Of Kentucky, 1788-1792 (Sc 2355), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 2355. Photocopy of the Journal of the Constitutional Convention of Kentucky, covering proceedings held from 28 July 1788 through 18 April 1792.

Health Law Outlook - Volume 4, Issue 1 (Fall 2010)

Health Law Outlook (archive)

Inside this issue:

• Health Care Reform's Forgotten Youth: The Need to Expand Health Coverage for Youth Aging Out of Foster Care, Anne Collart
• The Genetic Information Nondiscrimination Act: Examining Its Impact on Unintended Consequences Minority Communities and Criminal Justice, Melody Hsiou
• Are Children Safe at School?: An Evaluation of H.R. 4247, Stephanie Kozic
• Zoning Laws: A Potential Local Government Tool for Decreasing Childhood Obesity in Low-Income Areas, Cynthia Furmanek
• Violence From a Legal Perspective: Child Abuse & Mandatory Reporting Laws, Brandon Wolff

International & Comparative Law Perspectives: Fall 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Governance Of Health Research Involving Humans In Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

PhD Dissertations

An intense debate has occurred regarding research involving humans in developing countries in recent years. Research in this area has focused mainly on examining the ways in which the economic inequalities in healthcare between developing countries and developed countries have affected the types of research conducted in developing countries by external sponsors. Research has also focused on how these inequalities, and the difficulties in applying the international ethical guidelines, give rise to ethical concerns and controversies. Recent literature has therefore examined several ethical concerns in health research in developing countries. What is missing in the literature on research oversight in …

Addressing Collective-Action Problems In Securitized Credit, Nancy P. Jacklin

Law and Contemporary Problems

No abstract provided.

2010-2011 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

Santa Clara Magazine, Volume 52 Number 2, Fall 2010, Santa Clara University

Santa Clara Magazine

16 - JUSTICE, EDUCATION, AND THE CATHOLIC IMAGINATION By Keith Warner, O.F.M. A religious vision of a sustainable future is less about politics than ethics. It means drawing on deep spiritual currents in the Catholic tradition-and environmental concern as if people mattered.

22 - WRITING THE ISLAND An essay in the words and images by John Seibert Farnsworth and Charles Barry. A journey to the Sea of Cortez-to paddle and dive, to hear the island speak, to look carefully, to write, to come home sunburned and transformed.

30 - INTERNET, WE HAVE A PROBLEM. By Sam Scott '96. One fine …

Dayton Lawyer, Fall 2010, University Of Dayton

Dayton Lawyer

No abstract provided.

Erie And Federal Criminal Courts, Wayne A. Logan

Vanderbilt Law Review

State and federal courts have long engaged in intersystemic adjudication,' interpreting and applying the constitutions, lawS, and regulations of one another's governments. Perhaps the best known instance in the civil litigation realm occurs with federal diversity jurisdiction, where, as a result of Erie Railroad Co. v. Tompkins, federal courts resolve federal civil claims on the basis of state substantive laws.

With criminal laws, however, the phenomenon has been and remains less apparent. This is in significant part due to the principle that such laws embody sovereign normative preferences, susceptible to neither enforcement nor jurisprudential control by other governments. Nevertheless, some …

Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

No abstract provided.

The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi

Buffalo Environmental Law Journal

No abstract provided.

The Missouri River: Law, Politics, And Creatures Caught In The Conflicts, Brook A. Spear

Buffalo Environmental Law Journal

No abstract provided.

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Buffalo Environmental Law Journal

No abstract provided.