Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (1075)
- Constitutional Law (1069)
- Social and Behavioral Sciences (871)
- Criminal Law (669)
- Environmental Law (645)
-
- Comparative and Foreign Law (624)
- Intellectual Property Law (617)
- Human Rights Law (504)
- Civil Rights and Discrimination (492)
- Health Law and Policy (464)
- Courts (407)
- Legal Education (386)
- Legislation (382)
- Law and Society (370)
- Criminal Procedure (363)
- Law and Gender (346)
- State and Local Government Law (344)
- Business Organizations Law (334)
- Administrative Law (315)
- Arts and Humanities (314)
- Science and Technology Law (310)
- Labor and Employment Law (301)
- Legal Profession (299)
- Military, War, and Peace (292)
- Dispute Resolution and Arbitration (290)
- Public Affairs, Public Policy and Public Administration (287)
- First Amendment (282)
- Banking and Finance Law (256)
- International Trade Law (245)
- Institution
-
- University of Georgia School of Law (683)
- Duke Law (350)
- Notre Dame Law School (323)
- American University Washington College of Law (321)
- Touro University Jacob D. Fuchsberg Law Center (314)
-
- University of Michigan Law School (302)
- Yeshiva University, Cardozo School of Law (290)
- William & Mary Law School (257)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (251)
- Fordham Law School (236)
- Maurer School of Law: Indiana University (219)
- Columbia Law School (215)
- Brigham Young University Law School (177)
- University of Richmond (175)
- University of Maryland Francis King Carey School of Law (174)
- Vanderbilt University Law School (174)
- University of Colorado Law School (171)
- University of Chicago Law School (167)
- Case Western Reserve University School of Law (166)
- UC Law SF (157)
- Cornell University Law School (156)
- Loyola University Chicago, School of Law (152)
- Southern Methodist University (149)
- University of Washington School of Law (146)
- Washington and Lee University School of Law (145)
- University of Minnesota Law School (144)
- Saint Louis University School of Law (142)
- University of Miami Law School (140)
- Pace University (139)
- Duquesne University (136)
- Keyword
-
- Law (209)
- United States (146)
- Supreme Court (118)
- Human rights (116)
- Copyright (114)
-
- Philosophy (112)
- Constitutional law (102)
- Theology (102)
- Regulation (101)
- American Religious Democracy (98)
- Hallowed Secularism (98)
- Constitution (95)
- First Amendment (91)
- International law (88)
- Discrimination (87)
- Immigration (87)
- Privacy (86)
- New York (78)
- Criminal law (75)
- Bankruptcy (73)
- International Law (73)
- Legal education (71)
- Litigation (67)
- China (66)
- Race (66)
- Congress (64)
- Federalism (64)
- Due process (63)
- Jurisprudence (63)
- Law reform (63)
- Publication
-
- Faculty Scholarship (809)
- Georgia Journal of International & Comparative Law (584)
- Articles (334)
- Touro Law Review (280)
- Faculty Publications (262)
-
- Notre Dame Law Review (181)
- Scholarly Works (181)
- Student Senate Enrolled Legislation (121)
- Journal Articles (104)
- All Faculty Scholarship (103)
- Fordham Law Review (100)
- Georgetown Law Faculty Publications and Other Works (100)
- Faculty Articles (99)
- Hallowed Secularism (98)
- Nevada Supreme Court Summaries (91)
- Research Collection Yong Pung How School Of Law (90)
- BYU Law Review (75)
- Publications (75)
- Scholarly Articles in Law Reviews & Journals (72)
- Cardozo Law Review (68)
- Law Faculty Publications (68)
- McGeorge Law Review (65)
- Law Faculty Scholarship (64)
- Water Law Review (64)
- Vanderbilt Law School Faculty Publications (60)
- Washington and Lee Law Review (60)
- Case Western Reserve Law Review (57)
- North Carolina Law Review (55)
- The US Army War College Quarterly: Parameters (55)
- Louisiana Law Review (54)
- Publication Type
Articles 12091 - 12120 of 12634
Full-Text Articles in Law
Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong
Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong
Research Collection Yong Pung How School Of Law
In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate …
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Research Collection Yong Pung How School Of Law
This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …
A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh
Research Collection Yong Pung How School Of Law
A reason justifying the exclusionary rule against prior negotiations in the interpretation of contracts is its longevity. Yet, the authorities commonly cited in support of the exclusionary rule are mostly traceable to Lord Wilberforce’s speech in the relatively recent case of Prenn v Simmonds. This article suggests that the law took a wrong turn in that case and caused later courts to support the exclusionary rule by recourse to policy-oriented justifications, instead of principle-based ones. The emphasis on policy-oriented justifications, and the recantation of Prenn v Simmonds as reason enough for the exclusionary rule, support an independent rule against prior …
A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong
A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …
المسئولية التقصيرية للمنتج دراسة مقارنة, منصور محمد سليم سلمان هسلم بن رفيع
المسئولية التقصيرية للمنتج دراسة مقارنة, منصور محمد سليم سلمان هسلم بن رفيع
Theses
No abstract provided.
الأساس القانوني لتسليم المجرمين: المبدأ والاستثناءات مع التطبيق على القانون الإماراتي, شيخه جنيت محمد الراشدي
الأساس القانوني لتسليم المجرمين: المبدأ والاستثناءات مع التطبيق على القانون الإماراتي, شيخه جنيت محمد الراشدي
Theses
No abstract provided.
تأثير مجلس الأمن عمل المحكمة الجنائية الدولية, عاتقة عوض عبدالعزيز الكثيري
تأثير مجلس الأمن عمل المحكمة الجنائية الدولية, عاتقة عوض عبدالعزيز الكثيري
Theses
No abstract provided.
بطلان حكم التحكيم وآثاره في القانون الإماراتي, سليمان حسن عبد الرحيم محمود البلوشي
بطلان حكم التحكيم وآثاره في القانون الإماراتي, سليمان حسن عبد الرحيم محمود البلوشي
Theses
No abstract provided.
The 'Oldest Tricks In The Book' Do Not Work! Reports Of Burglary By Duma Detainees In Western Australia, Natalie J. Gately, Jennifer Fleming, Nathalie Mcginty, Anthony M. Scott
The 'Oldest Tricks In The Book' Do Not Work! Reports Of Burglary By Duma Detainees In Western Australia, Natalie J. Gately, Jennifer Fleming, Nathalie Mcginty, Anthony M. Scott
Research outputs 2014 to 2021
Foreword : Research investigating the methods and motivations of burglars has typically focused on incarcerated offenders. The Australian Institute of Criminology’s Drug Use Monitoring in Australia (DUMA) program provided an opportunity for the authors to explore the methods and motivations of those actively involved in committing burglaries, whether or not they had actually been caught or detained for that offence. The findings support Routine Activity Theory, indicating that offenders consider a number of factors in determining whether a property will be targeted for a break and enter offence. As might be expected, opportunistic burglars choose easy to access properties, stay …
Racial Profiling As Collective Definition, Trevor George Gardner
Racial Profiling As Collective Definition, Trevor George Gardner
Scholarship@WashULaw
Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …
Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood
Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood
Scholarship@WashULaw
What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.
The International War Against Doping: Limiting The Collateral Damage From Strict Liability, Thomas W. Cox
The International War Against Doping: Limiting The Collateral Damage From Strict Liability, Thomas W. Cox
Vanderbilt Journal of Transnational Law
The World Anti-Doping Agency (WADA) and the World Anti-Doping Code are largely considered the model for an effective and well-coordinated antidoping regime. This model has allowed numerous sports and various countries to secure the same rules for domestic and international athletes. Within this regime, strict liability for prohibited substances stands as the "cornerstone." Strict liability has allowed antidoping officials to prosecute doping violations through an effective testing regime. However, this principle occasionally implicates innocent athletes with no intention of performance enhancement. This Note proposes that WADA modify its criteria for including substances on the Prohibited List and suspend strict liability …
Business, Human Rights, And The Promise Of Polycentricity, Jamie D. Prenkert, Scott J. Shackelford
Business, Human Rights, And The Promise Of Polycentricity, Jamie D. Prenkert, Scott J. Shackelford
Vanderbilt Journal of Transnational Law
Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (SRSG) John Ruggie referred to the "Protect, Respect, and Remedy" Framework (PRR Framework) and the UN Guiding Principles on Business and Human Rights (Guiding Principles) as a polycentric governance system. However, the exact meaning of this phrase has not been very carefully elucidated. This Article analyzes that description in the context of the deep and varied body of literature on polycentric governance and evaluates the PRR Framework in that light. In particular, this Article uses a case-study approach, analyzing the emerging polycentric …
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Vanderbilt Journal of Transnational Law
The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and communities of practice that connect them to each other. By sharing information, collaborating on joint action, and debating proposed legal rules within their networks and communities, internationals help to develop and implement the core norms and practices of post-conflict justice. These modes of collaboration are …
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
The Darfur Name Game: Use Of Realpolitik By The United Nations In Decision-Making And Intervention, Angela Overton
Sociology & Criminal Justice Theses & Dissertations
Violence has plagued the westernmost region of Sudan, known as Darfur, since 2003. The conflict contains elements of political and ethnic divisiveness, desertification, and resource scarcity. The violence there continues to date. Many have declared genocide in Darfur while others maintain that the conflict is instead a crime against humanity. The labeling of the conflict is critical because this process determines the interventions available. This paper focuses on the decision-making process of the United Nations and its Security Council to determine if the labeling of the conflict impacted the discourse and intervention decisions by those bodies. Discourse analysis results indicate …
Strengthening The Legal And Institutional Effectiveness For Transboundary Biodiversity Conservation In The ‘Heart Of Borneo’, Michelle Mei Ling Lim
Strengthening The Legal And Institutional Effectiveness For Transboundary Biodiversity Conservation In The ‘Heart Of Borneo’, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
The Heart of Borneo ('HoB') transboundary initiative spans the territory of Malaysia, Indonesia and Brunei. In this article I evaluate the HoB against governance criteria for effective transboundary conservation. This approach provides the framework for proposing what complementary reforms may be needed to improve the effectiveness of the initiative. Governance issues and the lack of political buy-in are identified as the most significant impediments to successful transboundary biodiversity conservation in the HoB. A further limitation stems from the failure to develop meaningful legal instruments and supporting institutions. This article recommends improvements to legal instruments and the evaluation and design of …
Does Tort Law Empower?, Anthony J. Sebok
Why Answer?, Anthony J. Sebok
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Articles
This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).
Why Wynne Worries Me, Edward A. Zelinsky
[Introduction To] Universal Rights And The Constitution, Stephen A. Simon
[Introduction To] Universal Rights And The Constitution, Stephen A. Simon
Bookshelf
Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.
Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework …
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Articles
This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …
Diplomacy And Its Others: The Case Of Comfort Women, Monica E. Eppinger, Karen Knop, Annelise Riles
Diplomacy And Its Others: The Case Of Comfort Women, Monica E. Eppinger, Karen Knop, Annelise Riles
All Faculty Scholarship
The “Comfort Women incident,” now at least several decades old, troubles the familiar view of law as a funnel for politics. Viewed as a funnel, the wide range of legal, political, cultural, and diplomatic efforts to seek or resist redress for the system of sexual slavery institutionalized by the Japanese military during the Second World War would be assessed as ultimately pushing in the same direction: toward vindicating human rights. We see in the Comfort Women incident a far more chaotic interaction of law and politics. As critical legal feminist, we are concerned with finding a truthful and ethical way …
The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry
The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry
All Faculty Scholarship
In this symposium article, I explore the concept of greenwashing in more depth. In the first part of the article, I start with first principles, looking at the origins of greenwashing, its definitions, and identifying theeconomic incentives that lead firms into the practice. The second part of this article examines the legal structure that allows greenwashing to occur, and with it, explores the pervasiveness and extent ofgreenwashing. The third part of this article articulates the harms of greenwashing. Intuitively, greenwashing involves deception, falsity, and hypocrisy that reflexively seem problematic. Precisely identifying the actual harm inflicted by some forms of greenwashing, …
A Eulogy For The Eula, Miriam A. Cherry
A Eulogy For The Eula, Miriam A. Cherry
All Faculty Scholarship
Participants in the Duquesne University Law Review were asked to write about the future of contract law, specifically contract law in 2025. My contribution is a short science fiction story that is set in 2025. Sometimes, conflicting terms in a contract can give you a headache...or a brilliant idea? Expect both theutopian and dystopian from this story, along with contract law theory.
The Supreme Court And The Rehabilitative Ideal, Chad W. Flanders
The Supreme Court And The Rehabilitative Ideal, Chad W. Flanders
All Faculty Scholarship
Graham v. Florida was a watershed decision, not least because of the centrality of the so-called “rehabilitativeideal” to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court’s emphasis on rehabilitation was surprising both in terms of the Court’s previous decisions on punishment, in which rehabilitation was barely included as a “purpose of punishment,” but also in terms of the history of academic and legislative skepticism if not hostility toward the idea of rehabilitation (which includes two recently decided sentencing cases, Tapia and Pepper). Courts and commentators have struggled to make sense …
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
All Faculty Scholarship
This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …
Tax Court Sends Message On Valuation In Richmond, Kerry A. Ryan
Tax Court Sends Message On Valuation In Richmond, Kerry A. Ryan
All Faculty Scholarship
In Estate of Helen P. Richmond, the Tax Court determined the proper value for estate tax purposes of a minority interest in a family-owned corporation holding mostly appreciated securities. The court also sustained an accuracy-related penalty against the estate, finding that it used an unsigned draft report by a noncertified appraiser as the basis for the stock valuation reported on Form 706.