Law Commons^™

Sistema Brasileiro De Provas, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

No abstract provided.

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles

It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s dependency …

A Suggestion For An Impeccable Logical Integrity; Legal Errors Contained In Some Emotional Assertions Emphasizing The Meaning Of Scapin677, Young K. Kim

Young K Kim

SCAPIN677, the occupying commander's directive in 1946, has decisive meanings and very important logical function in interpreting the 1951 San Francisco Peace Treaty . It, as a normative fact, not as any rule of law, has eventually acknowledged the separation of Dokdo from Japanese jurisdiction.

More Heat Than Light: A Critical Assessment Of The Gay Parenting Literature, 1995--2010, Douglas W. Allen Professor

Douglas W Allen Professor

Since 1995 there have been fifty-two studies of gay parenting which include some type of child outcome measure. The vast majority of these studies conclude that children raised by gay parents perform as well, if not better, than their counterparts in heterosexual families. This conclusion, which may or may not be true, is not scientifically warranted due to the limitations of the studies These include: some results are misreported; the entire literature is exploratory in nature and made up of small qualitative samples, biased data, and other research design failures; the studies concentrate almost exclusively on lesbian families; and outcome …

The Information Era Threatens Privacy: A Comparative Study Of Electronic Money’S Privacy Policies And Privacy Laws, Guanru Liu

GUANRU LIU

This thesis consists of an analysis of electronic money (e-money), e-money’s privacy policies and relevant privacy laws. The value of information and the development of technology enhance the risk of privacy violations in the information era. Consumer privacy interests with respect to e-money are governed in part by the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and by the European Union’s Data Protection Directive. The analysis is directed at whether the privacy policies of three kinds of e-money – Octopus Card, PayPal and MasterCard – comply with the spirit and letter of these laws. In light of …

Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva

Daniela Oliva

This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.

The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …

De Rechtsstaat In Cyberspace?, Mireille Hildebrandt

Mireille Hildebrandt

Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line)’. Deze …

Aiding And Abetting Under The Antiterrorism Act: Despite Statutory Silence, Why Extending Liability To Aiders And Abettors Of International Terrorism Furthers Congressional Intent To Compensate Plaintiffs And Defeat Terrorist Financial Pathways, Jesse Snyder

Jesse Snyder

No abstract provided.

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh

Ehsan Zarrokh

As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.

The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert

Roya Ghafele

Current mechanisms to compensate inventors and improve legal access to their inventions remain ineffective. Manufacturers encounter significant transaction costs in the process of licensing the multitude of patent rights implicated in their products. High-technology product manufacturing requires access to a diverse pool of technologies that are owned by different organizations all over the world. The transaction costs of licensing these disparate rights are inhibiting unlicensed manufacturers in emerging economies from entering important markets and simultaneously limiting the revenue patent owners can generate from non-exclusive licenses. As communications technologies improve, innovative licensing mechanisms are emerging that can help firms avoid many …

Embedded Socio-Legal Activism, Hualing Fu

Hualing Fu

Socio-legal activism abounds in China, but why are some organizations and campaigns more successful than others? This paper discusses factors that lead to successful socio-legal activism in China and its potential pitfall. It offers a case study of the legal and political mobilization against health-based discrimination by the Beijing Yirenping Centre.

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr

Claudio Bozzi Dr

With the publication of Faktizitat und Geltung Jurgen Habermas sought to extend his normative critical arguments to jurisprudence. In this work he argues that the law can mediate and coordinate valid social integration in complex modern societies because it is capable of receiving normative inputs from the public sphere, which are then translated into the administrative system. Throughout his extensive writings, Habermas has referred to a principle of the universalisation of the valid norm. Its role in pluralist societies is therefore not to offer a substantial value, but to guide in the character of a regulative idea. This idea would …

A Iii. Világháború Küszöbén (At The Threshold Of World War 3), Milan Meszaros Physicist

Milan Meszaros physicist

Oswald Spengler A Nyugat Alkonya című könyvében a történelmet nem korszakok szerint tárgyalja, hanem kultúrák szerint. Így ő nyolc kultúrát sorol fel, amelyek a történelmet alakították. Ha ezeket alaposan szemügyre vesszük, akkor láthatjuk, hogy egyetlen olyan kultúra létezik, amelyik még nem dominálta a történelmet. Ez pedig az arab. Megítélésem szerint a 21. században ez a “korszak” következik. Hogy ez a kultúra-váltás a III. világháború után jön-e el, vagy anélkül, nem tudni. De eljön, s ezzel jó tisztában lenni. Persze, háború nélkül kevésbé rossz lenne.

The Positive Criteria Of Legal Norms, Claudio Bozzi Dr

Claudio Bozzi Dr

This paper argues that Habermas’s principle of universalisation, which is posited not as a substantive value but a regulative idea which mediates impartially amongst a plurality of goods, fails to maintain the impartiality of the discourse. Rather, positive assumptions about goods are unavoidable entailments of a situated and historical norm. The laws’ coordinating role achieved by translating the normative inputs it receives from the public sphere and applying them to administrative purpose must be understood not as a universal consensus but in deliberative terms whereby the mediation of particular audiences is considered an element of rationality. But normativity cannot simply …

How Can Open Source And Closed Source Software Business Structures Mutually Exist, Yugank Goyal, Padmanabha Ramanujam

Yugank Goyal

The phenomenon of producing Open Source Software based on unconstrained access to source code and the swift growth of the open source business structure of producing software fuelled by Linux Operating System and Apache Web Server have raised important questions, which are of immense scholastic interest. Accordingly many scholars in the last few years have endeavoured to clarify as to why thousands of top-quality programmers contribute freely to an open source product which is a public good. However, there has hardly been any attempt to explain how open source and closed source business structure of producing software can coexist. This …

The Israeli Welfare State, Jon Foster

Jon Foster

An analysis of the modern welfare state that exists within Israel. Identifying where the Israeli model falls in relation to the European and American model; differences, similarities, and unique aspects of the Israeli system in comparative perspective.

El Problema Del Lenguaje, Y Su Incidencia En El Escenario Jurídico.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

En este estudio se aborda los efectos sociales de la incomunicación de la jurisprudencia extranjera con las fuentes jurídicas, y su estrecha relación con la manipulación normativa y los trasplantes jurídicos. ¿Por qué razón el se incrementa el gasto militar y en defensa? Para los federales de la agencia y para los framers: el incidente ocurrido el 11 de septiembre de 2001 en New York fue un ataque terrorista; aunque, no se descarta que ese hecho podría ser un ajuste de cuentas de la liga àrabe por temas petroleros . Lo cierto, es que el juez Víctor Marrero, un prestigioso …

California’S Vanishing Community Hospital: An Endangered Institution, Craig B. Garner

Craig B. Garner

Across the nation, America’s community hospitals are under siege. Once considered indispensable to our health care system, the twenty-first century finds the local hospital fighting an uphill battle against a convergence of factors that favors the sharing of resources by multiple facilities. Rising health care expenses, challenging regulatory hurdles, and a reimbursement structure in the midst of transition all bear some responsibility for the obstacles faced by today’s community hospital. Nowhere is this phenomenon more pronounced than in California, where regular hospital closings amid an ever-growing population stand as incentive for remaining hospitals to team up (or remain teamed up) …

Kennedy V. St. Joseph’S Ministries, Inc.: The Fourth Circuit's Troubling Interpretation Of Interlocutory Appellate Procedure In Federal Courts, William Ernest Denham Iv

William Ernest Denham IV

In Kennedy v. St. Joseph’s Ministries, Inc., the Fourth Circuit held that a federal appellate court may properly permit appeals of certified, interlocutory dismissal orders under 28 U.S.C. § 1292(b) (“§1292(b)”)—even on matters of first impression—without the district court first addressing more routine grounds for dismissal. In interpreting this exception to the final-judgment rule, the court failed to heed “the cardinal principal” of judicial self-restraint that holds “that if it is not necessary to decide more, it is necessary not to decide more.” Moreover, the court did not address the legal or factual hurdles facing parties who seek or oppose …

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

Agrarian Reform And Philippine Political Development, Frede G. Moreno

Frede G Moreno

No abstract provided.

Agrarian Reform And Philippine Political Development Agrarian Reform And Philippine Political Development, Frede G. Moreno, Susana Evangelista Leones

Frede G Moreno

Landownership problem and control of resources remains as a political development issue in the Philippines. Agrarian reform is a necessary condition for agricultural modernization and rural industrialization and the fundamental mooring for global competition. Agrarian Reform has contributed to improvement of the socio-economic conditions of landless farmers and political development of the Philippines in terms of engaging the landless in the process of policy making and distribution of large private landholdings to the landless. Modalities giving peasants a stake in society such as decisive role in agrarian legislations, engaging them in dialogue to resolve agrarian cases, presenting manifesto pinpointing their …

Between Law And Conscience: Jones V. Van Zandt (1847) And The Constitutional Obligation Of Obedience, Michael J.C. Taylor

Michael J.C. Taylor

Article VI of the U.S. Constitution states categorically that “the Laws of the United States shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land.” In congruence with this clause several decisions of the U.S. Supreme Court have reaffirmed the sovereignty of the federal government in cases involving issues ranging from state sovereignty to personal actions. Yet, the Court’s decision in Jones v. Van Zandt (1847) was unique in its assertion that a citizen under the authority of the constitution …

Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie

Keith P Freie

In 2010 the Missouri Attorney’s General’s Office created a Domestic Violence Task Force for the purpose of analyzing Missouri’s Domestic Violence laws. In 2011, the Missouri General Assembly enacted Senate Bill 320 which included several changes to Missouri’s domestic violence laws stemming from several recommendations from the Attorney General’s Task Force. While Missouri’s 2011 domestic violence law is a comprehensive solution to the many unaddressed needs of child and teen domestic violence victims, additional solutions need to be considered to fully address the problem. Those solutions may include creating special domestic violence and child abuse courts and creating educational programs …

Can You Provide Evidence Of Insufficient Evidence? The Precautionary Principle At The Wto, Elisa Vecchione

Elisa Vecchione

This paper aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become entangled with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due to reasons of both legal procedures specific to the WTO dispute settlement system and the substantive nature of precautionary measures. Indeed, their foundation on “insufficient scientific evidence” dramatically complicates the question of the probative value of science for the purpose of legal adjudication and creates a seemingly contradictory situation, of which the Panel on the EC-Biotech case confirmed to be a victim: that of …

Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King

Erik J King

Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Relazioni Industriali In Francia E Germania, Michele Faioli

Michele Faioli

No abstract provided.

Looking For Law In The Fog Of War, David Musgrove

David Musgrove

No abstract provided.