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2012

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Articles 1 - 30 of 7564

Full-Text Articles in Law

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Dec 2012

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 Dec 2012

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.


Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

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 ...


Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill Dec 2012

Mediation Of Special Education Disputes In Pennsylvania, Sonja Kerr, Jenai St. Hill

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Front Matter Dec 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2012

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2012

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird Dec 2012

Against All Odds: Community And Policy Solutions To Address The American Youth Crisis, Kisha Bird

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Front Matter Dec 2012

Front Matter

City University of New York Law Review

No abstract provided.


Introduction, Andrea Mcardle Dec 2012

Introduction, Andrea Mcardle

City University of New York Law Review

No abstract provided.


"Hallowed By History, But Not By Reason": Judge Rakoff's Critique Of The Securities And Exchange Commission's Consent Judgment Practice, Michael C. Macchiarola Dec 2012

"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.


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 Dec 2012

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.


Fixing New York's Broken Bail System, Justine Olderman Dec 2012

Fixing New York's Broken Bail System, Justine Olderman

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 Dec 2012

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 Dec 2012

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 Dec 2012

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.


Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen Dec 2012

Rights, Respect, Responsibility: Advancing The Sexual And Reproductive Health And Rights Of Young People Through International Human Rights Law, Janine Kossen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller Dec 2012

Youth Courts: Lawyers Helping Students Make Better Decisions, Gregory Volz, David Keller Trevaskis, Rachel Miller

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen Dec 2012

Colorblind Education Reform: How Race-Neutral Policies Perpetuate Segregation And Why Voluntary Integration Should Be Put Back On The Reform Agenda, Jamie Gullen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Introduction: The Continuing Quest For High-Quality Defense Representation In Capital Cases, Eric M. Freedman Dec 2012

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.


The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna Dec 2012

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 Dec 2012

Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo

Santa Clara Journal of International Law

No abstract provided.


Preface, Marc S. Wiesner Dec 2012

Preface, Marc S. Wiesner

Santa Clara Journal of International Law

No abstract provided.


The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun Dec 2012

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 ...


Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana Dec 2012

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 ...


The Manpower Aspect In The Field Of Sports, Melania Kiswandari Dec 2012

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 ...


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 Dec 2012

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 ...


One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah Dec 2012

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 ...


Keselamatan Penerbangan: Teori Dan Problematika (Aviation Safety: Theory And Problematic), Adhy Riadhy Dec 2012

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.


Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond Dec 2012

Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond

Santa Clara Journal of International Law

No abstract provided.