Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 18320

Full-Text Articles in Law

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown Dec 2015

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …


The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob Dec 2015

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob

John Jacob

No abstract provided.


The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob Aug 2015

The Risk, The Plan, The Payoff: Implementing A Law Repository At Washington And Lee, Caroline Osborne, Stephanie Miller, John Jacob

Stephanie C. Miller

No abstract provided.


Planting The Seed - Showing The Doctrinal Faculty How Easy (And Effective) It Is To Incorporate Legal Writing And Academic Achievement Into Their Courses, Jamie Kleppetsch, Mary Nagel Aug 2015

Planting The Seed - Showing The Doctrinal Faculty How Easy (And Effective) It Is To Incorporate Legal Writing And Academic Achievement Into Their Courses, Jamie Kleppetsch, Mary Nagel

Mary Nagel

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Lurene Contento

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Joanne Simboli Hodge

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jul 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Ardath A. Hamann

No abstract provided.


How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento Jun 2015

How To Write Review-Proof Decisions, Anthony Niedwiecki, Mary Nagel, Ardath Hamann, Joanne Hodge, Jamie Kleppetsch, Lurene Contento

Mary Nagel

No abstract provided.


Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger Jun 2015

Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger

Alexander Hayes Mr.

What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?


Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes Jun 2015

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media


Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman Mar 2014

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman

Peter Siegelman

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.


Intergovernmental Organizations, Andrea Flynn-Schneider Dec 2013

Intergovernmental Organizations, Andrea Flynn-Schneider

Human Rights Brief

No abstract provided.


Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir Dec 2013

Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir

Faculty Scholarship

No abstract provided.


Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald Dec 2013

Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald

City University of New York Law Review

No abstract provided.


Patchwork Metropolis: Fragmented Governance And Urban Decline In Greater St. Louis, Colin Gordon Dec 2013

Patchwork Metropolis: Fragmented Governance And Urban Decline In Greater St. Louis, Colin Gordon

Saint Louis University Public Law Review

No abstract provided.


Richmond: Take My Mortgage, Please!, Emily C. Cory Dec 2013

Richmond: Take My Mortgage, Please!, Emily C. Cory

Saint Louis University Public Law Review

The burst of the housing bubble brought challenges for many homeowners, as the value of their homes spiraled downward and many were forced into foreclosure. This, in turn, has caused difficulties for cities, as the vacant and abandoned neighborhoods have become a hub for blight and transience, and the tax base has steadily declined. In an effort to combat these issues, Richmond, California’s mayor, Gayle McLaughlin, has teamed up with Mortgage Resolution Partners, LLC. The pair plans to use Richmond’s power of eminent domain to “take” underwater mortgages and then refinance them, selling the new mortgages to investors. The plan, …


State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court Dec 2013

State Of Utah, Plaintiff/Appellee, V. John E. Hummel, Defendant/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Apppeal from convictions for theft, two third-degree and two second-degree felonies; attempted theft, a third-degree felony; and theft by deception, a second-degree felony, in the Sixth Judicial District, Garfield County, the Honorable James R. Taylor presiding


Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies Dec 2013

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.


Trahan V. Kingrey, John H. Leech Jr. Dec 2013

Trahan V. Kingrey, John H. Leech Jr.

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead, & Contents Dec 2013

Cover, Masthead, & Contents

Journal of Civil Law Studies

No abstract provided.


A Legal System Based On Translation: The Turkish Experience, Esin Örücü Dec 2013

A Legal System Based On Translation: The Turkish Experience, Esin Örücü

Journal of Civil Law Studies

No abstract provided.


François Gény In Louisiana, François-Xavier Licari Dec 2013

François Gény In Louisiana, François-Xavier Licari

Journal of Civil Law Studies

No abstract provided.


Criticism Of The Testamentary Undue Influence Doctrine In The United States: Lessons For South Africa?, François Du Toit Dec 2013

Criticism Of The Testamentary Undue Influence Doctrine In The United States: Lessons For South Africa?, François Du Toit

Journal of Civil Law Studies

This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The article assesses in particular whether the so-called “undue influence paradox” identified in American scholarship is manifest in the South African law of wills: is testamentary undue influence’s role as guardian of testamentary freedom undermined by the judicial pursuit of family protectionism? The article proceeds, with due recognition of the differences between the American and South African legal traditions, from American scholars’ conceptualization of the paradox and their views on other complexities associated …


Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge Dec 2013

Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge

Journal of Civil Law Studies

Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …


Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo Dec 2013

Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo

Journal of Civil Law Studies

Rights are, without a doubt, the most outstanding feature of contemporary legal systems. It can be argued that since the middle of the past century we are immersed in a culture of rights. Neo-constitutionalism is one among other such concepts that has been used to designate and study this phenomenon. The hypothesis we will attempt to address in this paper is that some of the central characters of our culture of rights, here termed as “neo-constitutionalism,” cannot be explained consistently without an explicit reference to natural law.

We will specifically examine the connection between the assertion that there exist natural …


Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló Dec 2013

Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.


European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie Dec 2013

European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie

Journal of Civil Law Studies

No abstract provided.


Martin V. A-1 Home Appliance Center, Bogdan Buta Dec 2013

Martin V. A-1 Home Appliance Center, Bogdan Buta

Journal of Civil Law Studies

No abstract provided.


Bloxom V. City Of Shreveport, Garrett Condon Dec 2013

Bloxom V. City Of Shreveport, Garrett Condon

Journal of Civil Law Studies

No abstract provided.


Reed V. St. Romain, Alexandru-Daniel On Dec 2013

Reed V. St. Romain, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.