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Articles 1 - 30 of 13465
Full-Text Articles in Law
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese
Florida State University Law Review
No abstract provided.
Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan
Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan
American University International Law Review
No abstract provided.
§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller
§ 5:34 Waiver Of Privilege — Inadvertent Or Involuntary Disclosure, Laird Kirkpatrick, Christopher B. Mueller
GW Law Faculty Publications & Other Works
In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section 5:34 discusses …
Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch
Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel
Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel
Saint Louis University Public Law Review
This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …
"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola
"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola
City University of New York Law Review
No abstract provided.
Introduction, Andrea Mcardle
Introduction, Andrea Mcardle
City University of New York Law Review
No abstract provided.
Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto
Indonesia Law Review
The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority …
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
Indonesia Law Review
Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in …
The Manpower Aspect In The Field Of Sports, Melania Kiswandari
The Manpower Aspect In The Field Of Sports, Melania Kiswandari
Indonesia Law Review
As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being …
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
Indonesia Law Review
Nothing in the Uruguay Round mentions directly about rights of private economic actors. It seems that the relationship to private economic actors (or may be individual) does not exist within the WTO Agreements, because as a general rule, private parties are not legal subjects of the international legal order. However, this article will prevail upon this situation, by looking closer at the essence of the WTO Agreements to discern the rights of private economic actors that derive from the WTO. The main question of this article is to what extent then Indonesia is dealing with the rights of private economic …
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Santa Clara Journal of International Law
No abstract provided.
Preface, Marc S. Wiesner
Preface, Marc S. Wiesner
Santa Clara Journal of International Law
No abstract provided.
Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski
Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski
Publications
Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman
Hofstra Law Review
An introduction is presented in which the author discusses various reports within the issue on topics including the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" publication, ineffective assistance of counsel, and psychopathy.
Fixing New York's Broken Bail System, Justine Olderman
Fixing New York's Broken Bail System, Justine Olderman
City University of New York Law Review
No abstract provided.
Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez
Structured Discrete Task Representation To Bridge The Justice Gap: Cuny Law School's Launchpad For Justice In Partnership With Courts And Communities, Natalie Gomez-Velez
City University of New York Law Review
No abstract provided.
Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse
Wage Theft In New York: The Wage Theft Prevention Act As A Counter To An Endemic Problem, Lauren K. Dasse
City University of New York Law Review
No abstract provided.
Evaluation As The Proper Function Of The Parole Board: An Analysis Of New York State's Proposed Safe Parole Act, Amy Robinson-Oost
Evaluation As The Proper Function Of The Parole Board: An Analysis Of New York State's Proposed Safe Parole Act, Amy Robinson-Oost
City University of New York Law Review
No abstract provided.
Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim
Common Law's Lawyering Model: Transforming Individual Crises Into Opportunities For Community Organizing, Karen Gargamelli, Jay Kim
City University of New York Law Review
We are alumni of the City University of New York School of Law, Class (“CUNY Law”) of 2007 and founders of Common Law, an organization that uses legal education and legal services to support and increase organizing and activism. We describe the origins of Common Law and our beginnings as an organization providing direct legal services to members of community organizing groups in Section I; the emergence of our unique legal clinic model supporting pro se (self-represented) litigants fighting foreclosure in Section II; and our challenges and hopes for the future in Section III.
Cyber Deterrence, Eric Talbot Jensen
Cyber Deterrence, Eric Talbot Jensen
Faculty Scholarship
Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …
Maritime Liens And Its Application : A Case Study Of Solomon Islands, Eric J. Teiniu
Maritime Liens And Its Application : A Case Study Of Solomon Islands, Eric J. Teiniu
World Maritime University Dissertations
No abstract provided.
The Application Of International Law Principle In Practice Of The Delimitation On Continental Shelf, Li Xiaolu
The Application Of International Law Principle In Practice Of The Delimitation On Continental Shelf, Li Xiaolu
World Maritime University Dissertations
The dissertation is based on the characteristics and development of geology and geography to starts the analysis of international conventions such as ‘UNCLOS” and other legal documents concerning delimitation of the continental shelf in the legal system with combining various theories from both China and international scholars, and will have a systematically study over origins and current legal status of continental shelf, as well as its basic principles of delimitation method in practice. Meanwhile, by illustration the effectiveness brought by international political, diplomatic, economic development to the natural resource exploitation, and discussion of Chinese continental shelf delimitation practice, the article …
Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana
Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana
Indonesia Law Review
The opponents of the global commitment to reduce greenhouse gases (GHGs) emissions seem to have shifted their arguments from the one emphasing on the issue of uncertainty to the one focusing on the economic burdens disproportionately placed on the current generation in general, and some developed countries in particular. Inevitably, the issue of equity becomes of highly importance in the recent climate policy debates. This paper attempts to analyze the implementation of equity principles, i.e. intergenerational and intragenerational equity, in the global climate policy. In doing so, it will first briefly outline some prominent economic appraisals on the impacts of …
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
Indonesia Law Review
The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …
Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy
Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy
Indonesia Law Review
“Keselamatan Penerbangan: Teori dan Problematika (Aviation Safety: Theory and Problematic)” is written by aviation practioner in Indonesia. The writer explores the aviation problematic based on his experience in more than three decades. Many issues out of box in aviation arise in this book, such as “Kebenaran Dalam Penerbangan (The Truth in Aviation)” which is focus on international aviation policy and regulations made by ICAO through research and development (scientific truth) and written on 18 Annexes and relevant documents, as living guidances of standards and recommended practices that must be implemented by states.