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Articles 211 - 235 of 235
Full-Text Articles in Law
Positive Proposals For Treatment Of Online Intermediaries, Margot Kaminski
Positive Proposals For Treatment Of Online Intermediaries, Margot Kaminski
American University International Law Review
No abstract provided.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Proportionality's Cultural Foundation, Jordan M. Singer
Proportionality's Cultural Foundation, Jordan M. Singer
Santa Clara Law Review
No abstract provided.
Whistleblower Tug-Of-War: Corporate Attempts To Secure Internal Reporting Procedures In The Face Of External Monetary Incentives Provided By The Dodd-Frank Act, Shannon Kay Quigley
Whistleblower Tug-Of-War: Corporate Attempts To Secure Internal Reporting Procedures In The Face Of External Monetary Incentives Provided By The Dodd-Frank Act, Shannon Kay Quigley
Santa Clara Law Review
No abstract provided.
More Than Words: Rethinking The Role Of Modern Demonstrative Evidence, David S. Santee
More Than Words: Rethinking The Role Of Modern Demonstrative Evidence, David S. Santee
Santa Clara Law Review
No abstract provided.
Some Preliminary Thoughts On The Law Of Neighbors, Jim Smith
Some Preliminary Thoughts On The Law Of Neighbors, Jim Smith
Scholarly Works
A fundamental characteristic of real property law, one that is definitional in nature, is that its subject matter consists of land parcels. A land parcel, in contrast to an ownership interest such as a fee simple estate, is not an abstraction. Each land parcel has a physical reality, and virtually all land parcels abut other parcels. Each parcel has one particular location, defined by its proximity to other pieces of property. The value of a land parcel depends heavily upon its location, and the nature of neighboring parcels has a major impact in determining that value.
Owners of neighboring parcels …
Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, Robert G. Schwemm
Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, Robert G. Schwemm
Law Faculty Scholarly Articles
A key goal of the 1968 Fair Housing Act (“FHA”), which was passed as an immediate response to Dr. Martin Luther King, Jr.’s assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It hasn’t happened. Today, more than four decades after the FHA’s passage, “residential segregation remains a key feature of America’s urban landscape,” continuing to condemn new generations of minorities to a second–class set of opportunities and undercutting a variety of national goals for all citizens.
But recent developments dealing with an underutilized provision of the FHA – § 3608’s mandate that federal housing funds …
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Correspondents' Reports, Chris Jenks
Correspondents' Reports, Chris Jenks
Faculty Journal Articles and Book Chapters
This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2012.
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz
Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Circuit Supreme: How The D.C. Circuit Court Is Using A Presumption Of Regularity In Latif V. Obama To Make New Law And Ensure No Detainees Are Released From Guantanamo Bay, Bonnie Lindemann
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education, Beth Caldwell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse
Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
Shareholder Litigation After The Meltdown, Daniel J. Morrissey
Shareholder Litigation After The Meltdown, Daniel J. Morrissey
West Virginia Law Review
No abstract provided.
Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich
Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich
West Virginia Law Review
No abstract provided.
Introduction, Paul Finkelman
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Oklahoma Law Review
No abstract provided.
Higher Education, Corruption, And Reform, Vincent R. Johnson
Higher Education, Corruption, And Reform, Vincent R. Johnson
Faculty Articles
Educational corruption is a problem in every country, particular at the college and university level. With illustrations drawn from the United States, this article considers what “basic principles” should shape efforts to deter, expose, and penalize corruption in academic institutions. The article then identifies “best practices” that should be followed by colleges and universities aspiring to high standards. The discussion explores the role that ethics codes and ethics education can play in fighting corruption. More specifically, the article addresses what types of substantive rules and systematic procedures are essential parts of effective higher education ethics codes. Mindful of the fact …
The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
Case Western Reserve Journal of International Law
No abstract provided.
United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr.
United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr.
All Faculty Scholarship
This chapter adopts the working assumption that it is conceivable that at some time in the future it would be in the interest of the United States to restructure its sovereign debt (i.e., to reduce the principal amount). It addresses in particular U.S. Treasury Securities. The chapter first provides an overview of the intermediated, tiered holding system for book-entry Treasuries. For the first time the chapter then explores whether and how—logistically and legally—such a restructuring could be effected. It posits the sort of dire scenario that might make such a restructuring advantageous. It then outlines a novel scheme …
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Somebody Else's Problem: How The United States And Canada Violate International Law And Fail To Ensure The Prosecution Of War Criminals, Nicholas P. Weiss
Case Western Reserve Journal of International Law
No abstract provided.