Law Commons^™

The Climate Change-Sustainable Development Nexus: A Proposal For Convergence, Alvin K. Leong

Dissertations & Theses

This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United …

Hollingsworth V. Perry: Standing Over Constitutional Rights, Caitlin E. Borgmann

City University of New York Law Review

No abstract provided.

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …

Do.Ne, Or What To Do When Your Favorite Web Service Shuts Down, Debbie Ginsberg

Presentations

Presentation for Chicago Association of Law Libraries Ignite Sessions, 2013

To view this file, download the free Prezi software.

Ndls Update 11/05/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Convention On The Rights Of Persons With Disabilities - Testimony Of Timothy L. Meyer Before The U.S. Senate Committee On Foreign Relations, Timothy L. Meyer

Presentations and Speeches

Testimony of Timothy L. Meyers before the U.S. Senate Foreign Relations Committee on November 5, 2013 concerning the Convention on the Rights of Persons with Disabilities.

Victims In Life, Victims In Death — Keeping Burial Rights Out Of The Hands Of Slayers, Minia E. Bremenstul

Louisiana Law Review

No abstract provided.

Mutual Pharmaceutical Co. V. Bartlett And Its Implications, Brian Wolfman, Anne King

Georgetown Law Faculty Publications and Other Works

The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Bartlett, which generally shields generic drug manufacturers from state-law damages liability for design-defect claims, may also have broader implications for preemption jurisprudence. In this article they describe the Supreme Court’s decision in Mutual and evaluate how it may affect future products-liability litigation.

Part I provides an overview of the case’s factual background and of federal generic drug regulation, while Part II discusses the Court’s majority opinion and the dissents. Part III analyzes the implications of the decision, offering ideas on how plaintiffs injured by …

Converting Natural Resources Into Electricity, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This paper provides the groundwork for understanding the conversion of natural resources, such as wind, solar, biomass, and geothermal, into electric energy. It includes a summary of the current technologies and latest statistics on their distribution among states and on land and water. It also provides an introduction to some of the legal issues related to their deployment and interconnection with the electric grid.

Good-Bye Christopher Columbus Langdell?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …

Weiman Ha, Et Al., Plaintiffs, Vs. Cuong Si Trang,Et Al., Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Findings of Fact, Conclusions of Law, Order and Judgment case no. 110913027

Vol. 45, No. 09 (November 4, 2013)

Indiana Law Annotated

No abstract provided.

November 3, 2013: Ronald Dworkin's Confusion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin's Confusion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Honduras’ Political Violence Threatens To Undermine Its November Elections, Lauren Carasik

Media Presence

No abstract provided.

A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger

NULR Online

No abstract provided.

Appeals As One Of The Fundamental Human Rights, Blerim Krasniqi

UBT International Conference

Legislation for labor relation in Kosovo administered by UNMIK but even after the country’s independence, especially its implementation and efforts to reform them are subjects and issues which preoccupies the society and the employees in Kosovo. Establishment, enforcement and reformation of Labor Legislation in Kosovo after 1999 can be clearly divided into two periods such as: The period of UNMIK Administration until the entry into force of the labor legislation in the Republic of Kosovo and the second period the strengthening of labor legislations after the country’s independence. The process of reformation of labor legislation has indicated few tendencies for …

Enforcement Of Legislation For Labor In Kosovo And It’S Reformation, Blerim Krasniqi

UBT International Conference

Legislation for labor relation in Kosovo administered by UNMIK but even after the country’s independence, especially its implementation and efforts to reform them are subjects and issues which preoccupies the society and the employees in Kosovo. Establishment, enforcement and reformation of Labor Legislation in Kosovo after 1999 can be clearly divided into two periods such as: The period of UNMIK Administration until the entry into force of the labor legislation in the Republic of Kosovo and the second period the strengthening of labor legislations after the country’s independence. The process of reformation of labor legislation has indicated few tendencies for …

Legislative Framework Of The Republic Of Kosovo In The Area Of Border And Migration And Its Accordance With Eu Acquis, Shkelzen Sopjani

UBT International Conference

The area of border and migration is fairly new in Kosovo, especially when considering legislation adopted and en-force related to this area. The initial Law (Law on Foreigners) dealing with migration was drafted only in 2008 (after Kosovo declared its independence) and entered into force in 2009, while the first legislative piece that ‘dealt’ with border and migration was adopted only in 2005, that was the UNMIK Regulation No. 2005/16, approved by the Special Representative of the Secretary General of UN. This regulation (on the Movement of Persons Into and Out of Kosovo) consisted of only 28 articles and covered …

The Lack Of Special And General Uzanses A Weakness For The Normal And Reliable Function Of Kosova Permanent Tribunal Of Arbitration, Armend Krasniqi

UBT International Conference

Business relations of economic entities operating in Kosovo have begun to be regulated similarly to those of modern countries, in accordance with the spirit of globalization. In this segment the local institutions recently succeeded in completing the primary legislation and partially the secondary one. Within this activity has been done also the reforming of judicial system, have been redefined the competencies of judicial authorities for disputes in the field of economy and above all within the Chamber of Commerce is established the Permanent Tribunal of Arbitration as a specialized agency for solving disputes of contractual business relations. With all these …

Extradition As A Kind Of International Cooperation Between Countries, With Special Reference To The European Convention On Extradition And The Additional Protocols, Armend Asllani

UBT International Conference

Extradition presents a form of co-operation between states. Almost every state with its domestic and international regulations pays specific importance to this kind of cooperation with the only purpose to prevent or fight the prevalent form of criminal offence that involves an international element, which has been present in many countries of the world during the last centuries, respectively in the XIX century.

In this paperwork, we will commit ourselves to key regulations required by the European Convention and the additional protocols on Extradition.

Herein, some explanation of articles for the extradition request regulations for criminal offence will be provided …

Special Proceedings As An Expression Of The Will Of The Parties In The Albanian Penal Procedural System, Gerti Tartale

UBT International Conference

Special proceedings constitute the instrument with which the legislator, through variants and articulations, pursues the goal of penal policy, moving from the diversity of procedural situations, the nature of the offenses, the simplicity of the estimations, and the manner of application of punishment. The legislator articulates the choice of different procedural ways. Special proceedings are provided in the Italian Code of Procedure of 1930. In Albania for the first time they are provided in the Penal Procedural Legislation of 1937 and later in the Codes of Penal Procedure of 1979, 1981, 1983, 1995, and on wards. Not without significant differences …

Genealogy And The Law In Canada 2013, Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Windsor's Purgatory: State Doma's Can't Stabilize Straight Marriages, But They Can Still Prevent Gay Marriage, Deirdre Bowen

Denver Law Review Forum

No abstract provided.

Illegal Serbian Structures In The Republic Of Kosovo Why These Structures Are Illegal And Not Paralel?, Behar Selimi

UBT International Conference

The phenomenon of parallel structures or “a state within a state” is not new. The occurrence of the creation and operation of parallel institutions representing popular sovereignty is a socio-political phenomenon that accompanies transition societies. Such are considered societies emerging from colonization and those emerging from the process of revolutionary and evolutionary transformations of the communist system. However not all such structures that considers their activity to be parallel, ar as such. Number of these structures appears to be illegal and their actions are considered to be illegal. With regard to the Serbian illegal structures operating in Republic of Kosovo, …

Crimes In The Information Technology Sector And Their Investigation, Nikoll Rica

UBT International Conference

Through this thesis I would like to present to the reader information on criminal action in the computer sector, features of prosecution, disclosure, prevention and punishment of the authors of this criminal action. These type of crimes encountered in the last decade, are of international character and they cause serious consequences, threatening personal or public property rights through computer fraud. For first time, the computer crimes were predicted in the Albanian penal legislation in 2008, in a full approach with other European Union and USA countries experience. Of special interest for the reader it will also be the legal analysis …

Balance And Alliance, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.

Is Law School Worth The Cost?, Brian Z. Tamanaha

Journal of Legal Education

No abstract provided.

Law School As Liberal Education, Sherman J. Clark

Journal of Legal Education

No abstract provided.

Building Social Justice Leaders: The University Of Michigan Law School's Diversity Program, Christine Gregory

Journal of Legal Education

No abstract provided.

Charity, Philanthropy And Law School Fundraising: The Emergence And The Failure, 1880-1930, Bruce A. Kimball

Journal of Legal Education

No abstract provided.