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2014

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Articles 1 - 30 of 3863

Full-Text Articles in Law

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …


A Better Direction For California's Climate Change Policy, David Gamage, Mark Gergen Nov 2015

A Better Direction For California's Climate Change Policy, David Gamage, Mark Gergen

Mark P. Gergen

No abstract provided.


Infusing Cultural Narratives Into A Time Of Change In Legal Education, Susan Brody, Julie Spanbauer Aug 2015

Infusing Cultural Narratives Into A Time Of Change In Legal Education, Susan Brody, Julie Spanbauer

Julie M. Spanbauer

No abstract provided.


Speaker, Mary Nagel, Joanne Hodge Jul 2015

Speaker, Mary Nagel, Joanne Hodge

Joanne Simboli Hodge

No abstract provided.


Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh Jul 2015

Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh

Rogelio A. Lasso

No abstract provided.


Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh Jul 2015

Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh

Maureen Straub Kordesh

No abstract provided.


Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven Jul 2015

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …


The Second Decentralisation Of Competition Law — A Must For An Orderly Administration Of Justice In The Eu, Emanuela Matei, Valentin Mircea Dec 2014

The Second Decentralisation Of Competition Law — A Must For An Orderly Administration Of Justice In The Eu, Emanuela Matei, Valentin Mircea

Emanuela A. Matei

The article relies upon the postulate that the European system of competition enforcement could benefit from a transplantation of a lot vaster American experiences in the field of private litigation.


Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff Dec 2014

Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff

Susan Daicoff

Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as well …


Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate Dec 2014

Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

This article examines judicial challenges to central government power in the Supreme Court of India by analyzing activism and assertiveness in fundamental rights decisions from 1977 to 2007. Based on field research and contextual analysis of politically significant decisions, the article traces patterns of judicial assertiveness in politically significant fundamental rights decisions. During this era, the Court was selectively assertive in challenging the central government in fundamental rights cases. This article provides an explanatory account of the motives and factors that drove the Supreme Court of India‘s selective activism and assertiveness in politically significant fundamental rights decisions. It argues that …


En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc., Luis González Vaqué, Cristina Vidreras Pérez Dec 2014

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc., Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

No abstract provided.


Panelist, New Year’S Renaissance Weekend, David Wirth Dec 2014

Panelist, New Year’S Renaissance Weekend, David Wirth

David A. Wirth

Professor Wirth served as a panelist on panels regarding Crimea, global warming, ISIL, and food safety.


La Maraton De Cayma, Ramiro De Valdivia Cano Dec 2014

La Maraton De Cayma, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

LA MARATON DE CAYMA


A Temporary And Fond Farewell To The Edwin Dawson Rare Book Room, Femi Cadmus Dec 2014

A Temporary And Fond Farewell To The Edwin Dawson Rare Book Room, Femi Cadmus

Femi Cadmus

No abstract provided.


What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo Dec 2014

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo Barrozo

Paulo Barrozo

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension …


On The Bicentennial Of The Treaty Of Ghent, Reflecting On Its Slavery Clauses, Ann Lousin Dec 2014

On The Bicentennial Of The Treaty Of Ghent, Reflecting On Its Slavery Clauses, Ann Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


El R.P. Thomas M. Schelble S.M. (1917 – 2006), Ramiro De Valdivia Cano Dec 2014

El R.P. Thomas M. Schelble S.M. (1917 – 2006), Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

EL R.P. THOMAS M. SCHELBLE S.M. (1917 – 2006)


An Evaluation Of The Us High Production Volume (Hpv) Chemical-Testing Programme: A Study In (Ir)Relevance, Redundancy And Retro Thinking, Andrew Nicholson, Jessica Sandler, Troy Seidle Dec 2014

An Evaluation Of The Us High Production Volume (Hpv) Chemical-Testing Programme: A Study In (Ir)Relevance, Redundancy And Retro Thinking, Andrew Nicholson, Jessica Sandler, Troy Seidle

Troy Seidle, PhD

Under the US Environmental Protection Agency (EPA) High Production Volume (HPV) Challenge Programme, chemical companies have volunteered to conduct screening-level toxicity tests on approximately 2800 widely-used industrial chemicals. Participating companies are committed to providing available toxicity information to the EPA and presenting testing proposals for review by the EPA and posting on the EPA Web site as public information. People for the Ethical Treatment of Animals (PETA) and a coalition of animal protection organisations have reviewed all the test plans submitted by the participating chemical companies for compliance with the original HPV framework, as well as with animal welfare guidelines …


A Modular One-Generation Reproduction Study As A Flexible Testing System For Regulatory Safety Assessment, Richard Vogel, Troy Seidle, Horst Spielmann Dec 2014

A Modular One-Generation Reproduction Study As A Flexible Testing System For Regulatory Safety Assessment, Richard Vogel, Troy Seidle, Horst Spielmann

Troy Seidle, PhD

The European Union’s Registration, Evaluation and Authorisation of Chemicals (REACH) legislation mandates testing and evaluation of approximately 30,000 existing substances within a short period of time, beginning with the most widely used “high production volume” (HPV) chemicals. REACH testing requirements for the roughly 3000 HPV chemicals specify three separate tests for reproductive toxicity: two developmental toxicity studies on different animal species (OECD Test Guideline 414) and a two-generation reproduction toxicity study (OECD TG 416). These studies are highly costly in both economic and animal welfare terms. OECD TG 416 is a fertility study intended to evaluate reproductive performance of animals …


Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon Dec 2014

Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon

Richard J Hunter Jr.

This paper discusses the context of common law and statutory materials dealing with a minor who participate in the entertainment and sports fields. The paper describes the changes undertaken as a result of several notorious cases involving prominent child actors and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The paper then applies and extends the principles developed in entertainment contracts to …


Southeastern Association Of Law Libraries Annual Meeting, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman Dec 2014

Southeastern Association Of Law Libraries Annual Meeting, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman

Jessica de Perio Wittman

The 2009 SEAALL Annual Meeting was held in Athens Georgia, April 16-18, 2009.


Brain And Law: An Eeg Study Of How We Decide Or Not To Implement A Law, Armando Rocha, Eduardo Massad, Fábio Rocha, Marcelo Buratini Dec 2014

Brain And Law: An Eeg Study Of How We Decide Or Not To Implement A Law, Armando Rocha, Eduardo Massad, Fábio Rocha, Marcelo Buratini

Armando F Rocha

Brazil has introduced a referendum regarding the prohibition of firearm commerce and propaganda arguments has invoked socially and personally driven issues in the promotion of voting in favor of and against firearm control, respectively. Here, we used different techniques to study the brain activity associated with a voter’s perception of the truthfulness of these arguments and their influence on voting decisions. Low Resolution Tomography was used to identify the possible different sets of neurons activated in the analysis of the different types of propaganda. Linear correlation was used to calculate the amount information provided by different electrodes about how these …


Competitechs: Una Mirada A Algunos Aspectos De Libre Competencia En Mercados De Tecnología, Críspulo Marmolejo Dec 2014

Competitechs: Una Mirada A Algunos Aspectos De Libre Competencia En Mercados De Tecnología, Críspulo Marmolejo

Críspulo Marmolejo

No abstract provided.


Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds Dec 2014

Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds

Mark P. Simmonds, OBE

On 31 March 2014, the International Court of Justice (ICJ) ruled that Japan’s whaling activities in Antarctica did not comply with Article VIII of the International Convention for the Regulation of Whaling (ICRW), which permits whaling for scientific purposes. Copious and confusing media commentary followed the decision. This included seemingly conflicting reports from within Japan, which initially indicated whole-hearted compliance with the ruling, which required this whaling to cease, but later suggested that implementation by Japan might be limited to a brief halt followed by a launch of a new Antarctic ‘research’ programme including lethal take.


Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles Dec 2014

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Annelise Riles

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …


Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles Dec 2014

Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles

Annelise Riles

In the wake of the disasters of March 2011, financial regulators and financial-risk management experts in Japan expressed little hope that much could be done nor did they take great interest in defining possible policy interventions. This curious response to regulatory crisis coincided with a new fascination with culturalist explanations of financial markets, on the one hand, and a resort to what I term “data politics”—a politics of intensified data collection—on the other. In this article, I analyze these developments as being exemplary of a new regulatory moment characterized by a loss of faith in both free market regulation and …


Is The Law Hopeful?, Annelise Riles Dec 2014

Is The Law Hopeful?, Annelise Riles

Annelise Riles

This essay asks what legal studies can contribute to the now vigorous debates in economics, sociology, psychology, philosophy, literary studies and anthropology about the nature and sources of hope in personal and social life. What does the law contribute to hope? Is there anything hopeful about law? Rather than focus on the ends of law (social justice, economic efficiency, etc.) this essay focuses instead on the means (or techniques of the law). Through a critical engagement with the work of Hans Vaihinger, Morris Cohen and Pierre Schlag on legal fictions and legal technicalities, the essay argues that what is “hopeful” …


Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles Dec 2014

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Annelise Riles

.


Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles Dec 2014

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Annelise Riles

.


Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles Dec 2014

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Annelise Riles

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …