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2012

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Articles 13381 - 13410 of 13465

Full-Text Articles in Law

Book Review. The Legacy Of The International Criminal Tribunal For The Former Yugoslavia Edited By B. Swart, A. Zahar And G. Sluiter, Timothy W. Waters Jan 2012

Book Review. The Legacy Of The International Criminal Tribunal For The Former Yugoslavia Edited By B. Swart, A. Zahar And G. Sluiter, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

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Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin Jan 2012

Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

This Article examines the administrative processes and judicial analytical framework that govern the adjudication of Social Security disability claims for persons suffering with mental disorders. Since the enactment of the Social Security Act as a part of President Roosevelt's "New Deal," the federal government has assumed a significant role in providing a minimum level of support for those citizens beset with unfortunate economic hardship. In 1956, the Social Security Act was expanded to provide disability benefits for those unable to attain gainful employment due to a mental or physical impairment. For the mentally disabled, demonstrating eligibility for disability benefits can …

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Amy L. Sayward And Margaret Vandiver Eds., Tennessee's New Abolitionists: The Fight To End The Death Penalty In The Volunteer State (2010), Lyn Entzeroth Jan 2012

Amy L. Sayward And Margaret Vandiver Eds., Tennessee's New Abolitionists: The Fight To End The Death Penalty In The Volunteer State (2010), Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Three Myths For Aging Copyrights: Tithonus, Dorian Gray, Ulysses, Robert Spoo Jan 2012

Three Myths For Aging Copyrights: Tithonus, Dorian Gray, Ulysses, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Oklahoma Water Rights: What Good Are They?, Gary Allison Jan 2012

Oklahoma Water Rights: What Good Are They?, Gary Allison

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Admonitions Or Accountability?: U.S. Implementation Of The Hague Adoption Convention Requirements For The Collection And Disclosure Of Medical And Social History Of Transnationally Adopted Children, Marianne Blair Jan 2012

Admonitions Or Accountability?: U.S. Implementation Of The Hague Adoption Convention Requirements For The Collection And Disclosure Of Medical And Social History Of Transnationally Adopted Children, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Traditions Of Belligerent Recognition: The Libyan Intervention In Theoretical And Historical Context, Sam Halabi Jan 2012

Traditions Of Belligerent Recognition: The Libyan Intervention In Theoretical And Historical Context, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Table Of Contents - Issue 1 Jan 2012

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

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Convergence And Divergence In International Dispute Resolution Symposium, Peter Rutledge Jan 2012

Convergence And Divergence In International Dispute Resolution Symposium, Peter Rutledge

Journal of Dispute Resolution

This symposium submission draws heavily on law and economic literature to develop its thesis. Part I lays out the literature behind the parties' choice to opt for arbitration. It also builds upon that literature by attempting to sketch out some preliminary reasons why parties might opt for arbitration over another form of dispute resolution. Part II charts how, along various axes, arbitration has begun to converge with litigation - thereby depriving it of a comparative advantage that it once enjoyed - due to innovations in arbitration and innovations in the field of international civil litigation. In brief, the traditional advantages …

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United States Supreme Court And Class Arbitration: A Tragedy Of Errors, The Symposium, Gary Born, Claudio Salas Jan 2012

United States Supreme Court And Class Arbitration: A Tragedy Of Errors, The Symposium, Gary Born, Claudio Salas

Journal of Dispute Resolution

This Essay describes and critiques the U.S. Supreme Court's recent misadventures with class arbitration. First, the Essay reviews the origins and rise of class arbitration under the FAA, particularly following the Supreme Court's Bazzle decision. In Part II, the Essay discusses application of the unconscionability doctrine to class action waivers, under the California courts' Discover Bank doctrine. In Part III, the Essay recounts the Supreme Court's retrenchment from class arbitration in Stolt-Nielsen and, more fully, in Concepcion. It also critiques the Court's apparent analysis in Concepcion and offers an alternative analysis for the Concepcion result that is more consistent with …

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Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong Jan 2012

Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong

Journal of Dispute Resolution

In many ways, the relationship between litigation and international commercial arbitration is a curious one, with experts adopting diametrically opposed positions on how the two procedures do or should interact. For example, some people take the view that international commercial arbitration is a uniquely self-contained dispute resolution mechanism that proceeds entirely independent of state control.'

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Interference Of The Court Of The Seat With International Arbitration, The Symposium, Giulia Carbone Jan 2012

Interference Of The Court Of The Seat With International Arbitration, The Symposium, Giulia Carbone

Journal of Dispute Resolution

This article looks upon two fundamental questions: (1) whether arbitrators should comply with a local court's order aimed at suspending or interrupting the running of arbitral proceedings, and (2) what type of remedies should a party receive when courts unjustly interfere with their right to arbitrate. This article will explore these two questions in four parts. Part II focuses on the interference with international commercial arbitration by the court at the place of the arbitration. It does so by taking into account ICC cases, some relevant national judgments, and deals with the solutions offered by Articles 8 and 16 of …

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Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps Symposium, S. I. Strong Jan 2012

Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps Symposium, S. I. Strong

Journal of Dispute Resolution

Finally, the purpose of this Article is not to provide answers to particular questions, since far too much depends on the individual facts and circumstances of a particular dispute to allow for abstract generalizations. Instead, the goal is to identify a useful framework for analysis of matters relating to international commercial arbitration so that newcomers and infrequent participants in this area of law can approach their specific concerns with a higher degree of understanding and sophistication.

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Originalist Ideology And The Rule Of Law, Ian C. Bartrum Jan 2012

Originalist Ideology And The Rule Of Law, Ian C. Bartrum

Scholarly Works

This essay contends that one of the basic tenets of the "New Originalism" -- the so-called "contribution thesis" -- compromises our underlying commitment to the rule of law. By locating some binding substantive content of constitutional language in a historical record beyond the text itself, originalism undermines the fundamental concepts of formal legality and public accessibility. With these issues in mind, the essay concludes that originalism is not a philosophical account of how the Constitution has meaning in our legal system, but is instead a judicial ideology intended to promote the constitutional policy judgments of an earlier generation.

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Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper Jan 2012

Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper

Scholarly Works

For 28 years the Court held that an officer's search incident to arrest powers automatically extended to the entire passenger compartment of a vehicle. In 2009, however, the Arizona v. Gant decision held that officers do not get to search a vehicle incident to arrest unless they satisfy (1) the Chimel v. California Court's requirement that the suspect has access to weapons or evanescent evidence therein or (2) the United States v. Rabinowitz Court's requirement that the officer reasonably believe evidence of the crime of arrest will be found therein. While many scholars read Gant as a triumph for civil …

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Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt Jan 2012

Guaranteeing The Rights Of Public Employees, Ann C. Mcginley, Kenneth Dau-Schmidt

Scholarly Works

In this Essay, Professors Ann McGinley and Kenneth G. Dau-Schmidt introduce the important issues to be examined in this Symposium Issue examining the erosion of rights guaranteed to public employees by recent state legislation.

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On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske Jan 2012

On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the second of a series, we continue our evaluation of state Tax Increase Limitations (TILs) – special rules that limit state legislatures’ ability to raise taxes, such as by requiring supermajority votes. We analyze two strategies whereby majority parties can evade TILs to the extent they so desire. We further argue that these strategies have some positive normative features. The strategies designed to evade TILs may ultimately lead toward a more effective means for controlling the size of state government than TILs themselves are able to provide.

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Vendor Compensation As An Approach For State "Amazon" Laws: Part 2, David Gamage, Devin J. Heckman Jan 2012

Vendor Compensation As An Approach For State "Amazon" Laws: Part 2, David Gamage, Devin J. Heckman

Articles by Maurer Faculty

In this essay, the second of a two-part series, we propose an approach for the U.S. states to tax interstate e-commerce. If the states adequately compensate remote e-commerce vendors for all tax compliance costs, we argue that the states can constitutionally impose use tax collection obligations on the remote vendors in a manner compatible with the Quill framework.

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The Saga Of State "Amazon" Laws: Reflections On The Colorado Decision, David Gamage, Darien Shanske Jan 2012

The Saga Of State "Amazon" Laws: Reflections On The Colorado Decision, David Gamage, Darien Shanske

Articles by Maurer Faculty

We analyze the Colorado district court’s decision in Direct Marketing Association v. Huber – a decision that permanently enjoined Colorado’s "Amazon" law. Had it not been enjoined, the Colorado law would have mandated information reporting by remote e-commerce vendors so that Colorado could levy its sales and use tax on the e-commerce purchases made by Colorado residents. We evaluate the applicability of the Tax (Anti-)Injunction Act and whether the Colorado statute and regulations should be reviewed as a tax or as a regulation. We also suggest alternative approaches that state legislatures might use in order to levy taxes on remote …

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Vendor Compensation As An Approach For State "Amazon" Laws: Part 1, David Gamage, Devin J. Heckman Jan 2012

Vendor Compensation As An Approach For State "Amazon" Laws: Part 1, David Gamage, Devin J. Heckman

Articles by Maurer Faculty

In this Essay, the first of a two-part series, we analyze the approaches U.S. states have been using in their attempts to tax interstate e-commerce. We argue that these existing approaches are unlikely to be effective. In our companion Essay, the second in the series, we outline a novel approach that states might employ in order to more effectively tax interstate e-commerce – based on adequately compensating remote vendors for all tax compliance costs. But before we can argue for our new approach, we must first survey the current constitutional and statutory landscape.

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How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott Jan 2012

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

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Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee Jan 2012

Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee

Scholarly Works

No abstract provided.

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Preface To Vol. 10, John Shuford Jan 2012

Preface To Vol. 10, John Shuford

Journal of Hate Studies

I am pleased to offer you Volume 10 of the Journal of Hate Studies (JHS), which is devoted to the theme “Hate and Political Discourse.” This is, in many ways, a special volume, and 2012-2013 is a special year too. We celebrate the 125th Anniversary of Gonzaga University, the Centennial Anniversary of the Gonzaga University School of Law, the 15th Anniversary of the Institute for Hate Studies, and the 10th Anniversary of the JHS. We mark these special occasions with the present volume and a special symposium held in Washington, DC in September 2012 to accompany this volume.

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Blood On The Tongue: Reading Abjection In Nationalist Blood Libels From Nazi Germany To Hamas And The British National Party, Damon T. Berry Jan 2012

Blood On The Tongue: Reading Abjection In Nationalist Blood Libels From Nazi Germany To Hamas And The British National Party, Damon T. Berry

Journal of Hate Studies

The blood libel is usually known as the Medieval European legend about Jews killing Christians to consume their blood or otherwise use it in rituals. However, in this paper I explore more recent instances of the blood libel that have emerged in nationalist contexts. What I call the nationalist blood libel is more overtly politicized than its predecessors, as there is a relationship between the accusatory portrayals of groups signified as alien and what Arjun Appadurai in Fear of Small Numbers (2006) called an “anxiety of incompletion” inherent in the modern nation-state as a result of the political discourses of …

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Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger Jan 2012

Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger

Faculty Scholarship

No abstract provided.

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Introduction To "Litigating Palestine: Can Courts Secure Palestinian Rights?", George Bisharat Jan 2012

Introduction To "Litigating Palestine: Can Courts Secure Palestinian Rights?", George Bisharat

Faculty Scholarship

No abstract provided.

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Creating A Clearinghouse To Evaluate Environmental Risks To Fetal Development, Kate Bloch Jan 2012

Creating A Clearinghouse To Evaluate Environmental Risks To Fetal Development, Kate Bloch

Faculty Scholarship

No abstract provided.

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Corporate Liability Under Customary International Law, William S. Dodge Jan 2012

Corporate Liability Under Customary International Law, William S. Dodge

Faculty Scholarship

No abstract provided.

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Understanding And Incentivizing Biosimilars, Robin Feldman, Jason Kanton Jan 2012

Understanding And Incentivizing Biosimilars, Robin Feldman, Jason Kanton

Faculty Scholarship

No abstract provided.

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The Giants Among Us, Robin Feldman, Tom Ewing Jan 2012

The Giants Among Us, Robin Feldman, Tom Ewing

Faculty Scholarship

No abstract provided.

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