Law Commons^™

The Negotiated Structural Constitution, Aziz Huq

Articles

No abstract provided.

If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry

University of Miami International and Comparative Law Review

No abstract provided.

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

Law Faculty Scholarly Articles

Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.

The principal aim of this Article is to present a more complete description of …

Inherent Incompatibility Doctrine Circles The Drain In Knepper V. Rite Aid Corp.: "Hybrid" Wage & Hour Claims Float In Third Circuit, Chad Odhner

Villanova Law Review (1956 - )

No abstract provided.

Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo

Villanova Law Review (1956 - )

No abstract provided.

Gjykata Ndërkombëtare E Drejtësisë, Bajram Krasniqi

Theses and Dissertations

Zgjodha të drejtën ndërkombëtare duke parë që shumë fenomene midis shteteve po ndodhin dhe po lë shum hapesira diskutimesh . E drejta ndërkombëtare ka nje shtrirje të gjerë ashtu si vetë shtet por sot këto shtete duan më tepër rregullime.

Të gjith shtetet janë të krijuara brenda territorit të tyre,ata gjenden në pushtetin e një sovrani,i cili meret me problematikën e brendëshme të këtij shteti.

Një moment tjetër i vecantë nga ky është kur shtetet dalin në arenën ndërkombëtare,këtu ata

bashkëveprojnë me njëri tjetri.Por problemi qëndron se ndërmjet tyre nuk ka nje sovran,që ti udhëheqi e që të krijoj rregulla …

Trashëgimia Dhe Format E Trashëgimisë Sipas Ligjit Në Republikën E Kosovës, Lëndita Osmanaj

Theses and Dissertations

Qëllimi i institutit të trashëgimnisë përcaktohët nga rëndësia që ka vetë e drejta e pronësisë në shoqërinë e sotme. Trashëgimia duke qenë një nga mënyrat kryesore të fitimit të pronësisë, tregon për rëndësinë e madhe që ajo ka në qarkullimin civil të pasurisë, midis personave të një shoqërie.

Kjo rezulton edhe nga fakti se ky institut i së drejtës civile jo vetëm është parashikuar si i tillë në Kodin Civil , por ai është rregulluar në mënyrë të hollësishme në mbi njëqind dispozita cka tregon rëndësinë e madhe që i ka kushtuar ligjëvënësi këtij instituti të së drejtës.

“Dope” Dilemmas In A Budding Future Industry: An Examination Of The Current Status Of Marijuana Legalization In The United States, Steven A. Vitale

University of Miami Business Law Review

This Comment provides an in-depth analysis of the current status regarding legalization of marijuana in the United States. It begins by tracing a brief history of the legalization movement in this country. The next section addresses the federal-state law conflict issue, coupled with a thorough analysis of two recent and relatively unexamined developments—the Department of Justice’s August 29, 2013 memorandum issued as a guide to federal prosecutors concerning marijuana law enforcement, and the September 10, 2013 judicial committee hearing on the conflict between federal and state marijuana laws. So long as the federal-state law conflict exists, it seems that the …

Barter, Bearer, And Bitcoin: The Likely Future Of Stateless Virtual Money, Cara R. Baros

University of Miami Business Law Review

Over the past few years, virtual money has emerged via the Internet. Although currently unregulated, Internal Revenue System Notice 2014-21 will most likely cause virtual money to lose its mass appeal in the United States. Historically, other means of tax avoidance, including barter transactions and bearer bonds, have suffered the same fate. Virtual money will likely have more success as a technology than as a means of value.

Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Framing The Issue: Avoiding A Substantial Similarity Finding In Reproduced Visual Art, Rachael Wallace

Washington Journal of Law, Technology & Arts

Copyright issues are litigated in the United States every day. Yet attorneys representing visual artists settle suits more often when those suits involve the potential of a copyright infringement, partly because of the relatively few decisions on the matter. In Harney v. Sony Pictures, Inc., the First Circuit found that a copyrighted photograph could be copied to look nearly the same as the original because the copied elements were each unprotectable under the copyright. The copyright protected only those elements of the photo that were the result of the photographer’s choices in depicting the subject. The court held that …

Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …

One Judge’S ‘Top Ten Tips For Effective Brief Writing’ (Part Ii), Douglas E. Abrams

Faculty Publications

No abstract provided.

Masthead, Cardozo Public Law, Policy And Ethics Journal, Vol. 13 (2014-15)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 13, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Institutional Sexual Assault And The Rights/Trust Dilemma, Francine Banner

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Do Unions Promote Gender Equality?, Lilach Lurie

Duke Journal of Gender Law & Policy

No abstract provided.

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …

Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.

Aligning Campaign Finance Law, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

Campaign finance law is in crisis. In a series of recent decisions, the Supreme Court has rejected state interests such as anti-distortion and equality, while narrowing the anti-corruption interest to its quid pro quo core. This core cannot sustain the bulk of campaign finance regulation. As a result, an array of contribution limits, expenditure limits, and public financing programs have been struck down by the Court. If any meaningful rules are to survive, a new interest capable of justifying them must be found. This Article introduces just such an interest: the alignment of voters’ policy preferences with their government’s policy …

Partisan Gerrymandering And The Efficiency Gap, Nicholas Stephanopoulos, Eric Mcghee

Public Law and Legal Theory Working Papers

The usual legal story about partisan gerrymandering is relentlessly pessimistic. The courts did not even recognize the cause of action until the 1980s; they have never struck down a district plan on this basis; and four sitting Justices want to vacate the field altogether. The Supreme Court’s most recent gerrymandering decision, however, is the most encouraging development in this area in a generation. Several Justices expressed interest in the concept of partisan symmetry — the idea that a plan should treat the major parties symmetrically in terms of the conversion of votes to seats — and suggested that it could …

Integrating Subchapters K And S And Beyond, Walter D. Schwidetzky

All Faculty Scholarship

This Article builds upon a similar, lengthier effort that I published in the Tax Lawyer in 2009. While there is overlap, this Article contains much new material. Important case law and tax proposals from the House Ways and Means Committee have come out in the interim. Due to space limitations, unlike my Tax Lawyer effort, this Article attempts to avoid prolixity. It assumes the reader has good knowledge of both Subchapters S and K and the tax entity selection process. If you are not that reader, a review of my Tax Lawyer article or Professor Mann's article in this symposium …

Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca

Villanova Law Review (1956 - )

No abstract provided.

Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher

Villanova Law Review (1956 - )

No abstract provided.

Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto

Villanova Law Review (1956 - )

No abstract provided.

Historian Barbara W. Tuchman On The ‘Art Of Writing’ (Part I), Douglas E. Abrams

Faculty Publications

No abstract provided.