Law Commons^™

November 9, 2014: How Destructive Is Capitalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ How Destructive Is Capitalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Exploring The “Faces” Of Europeanization From An Albanian Perspective, Irma Spahiu

UBT International Conference

Europeanization is a process existent in all countries applying for EU membership, including Albania. This article aims to explore Olsen’s faces of Europeanization by looking at how this process has taken place in Albania and if it has led to substantial changes in the Albanian politics and governance. It has been argued that Europeanization is a dual process that affects both domestic policies and European Union. The article explores this relationship in the Albanian case. It argues that Europeanization in Albania is occurring in an “Albanian fashion-way” with some unique features which are labelled as ‘Europeanization by convenience’.

The Importance Of The Judiciary For The European Integration Of Eu Candidate Countries: The Case Of Albania, Klodian Rado

UBT International Conference

All Western Balkan countries currently holding the EU Candidate Country status, namely, Albania, Montenegro, FYROM, Serbia, and hopefully in the near future Kosovo, are in a critical stage of the EU integration. From their institutions are required serious reforms which are necessary for almost all the of above countries. The focus of this paper is Albania. After the approval of the EU Candidate Country status, each branch of the Albanian government is now facing new legal challenges. However, at this stage, the central role passes to the judiciary, which should and could turn into a real “engine” of the EU …

Principles Of Modern Contract Law, Berat Aqifi, Sasha Dukoski

UBT International Conference

Harmonization of law is inevitably linked with overall procedure for adjusting the national legislation by establishing a framework of acceptable principles and common rules in the field of Contract Law in the European Union. With the adoption of uniform rules to be applied in the field of regulation of contracts at the same time removing barriers that arise as a hindrance to smooth flow of transactions , which enriches the legal doctrine . The paper specifically highlights the role of Landon's principles , which are one of the most significant acts of unification adopted in the area of harmonization of …

Legal Transplants And Their Impact On Kosovo's Legal System, Vlora Marmullakaj

UBT International Conference

Alan Watson once argued that a rule which is transplanted is different in its new home. For a poor village housewife 'bread' does not have the same meaning as for the wealthy Parisian businessman. The housewife has much less choice, is close to the source of supply, and bread plays a very different role in the family diet. Similarly, foreign legal rules transplanted to the legal system of Kosovo may have different results than in their legal system of origin. Kosovo is a country with a unique history of state-building. As a new state, Kosovo had to be built from …

Dmca Safe Harbors For Virtual Private Server Providers Hosting Bittorrent Clients, Stephen J. Wang

Duke Law & Technology Review

By the time the U.S. Supreme Court decided Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. in 2005, Internet users around the globe who engaged in copyright infringement had already turned to newer, alternative forms of peer-to-peer filesharing. One recent development is the “seedbox,” a virtual private server rentable for use to download and upload (“seed”) files through the BitTorrent protocol. Because BitTorrent is widely used for both non-infringing and infringing purposes, the operators of seedboxes and other rentable BitTorrent-capable virtual private servers face the possibility of direct and secondary liability as did the defendants in Grokster and more recent cases like …

Sharing Is Airing: Employee Concerted Activity On Social Media After Hispanics United, Ryan Kennedy

Duke Law & Technology Review

Section 7 of the United States’ National Labor Relations Act allows groups of American workers to engage in concerted activity for the purposes of collective bargaining or for “other mutual aid or protection.” This latter protection has been extended in cases such as Lafayette Park Hotel to workers outside the union context. Starting in 2005, the National Labor Relations Board increasingly signaled to employers that concerted activity may take place on social media such as Facebook. However, the Board proper delivered its first written opinion articulating these rules in the 2012 case of Hispanics United of Buffalo, Inc. There, the …

Boyd Briefs - Nov. 7, 2014, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu

Faculty Scholarship

The sad symptom of a judgmental culture

Small Satellites And Liability Associated With Space Traffic Situational Awareness, George Anthony Long

Space Traffic Management Conference

At the commencement of the space age, satellites were very small objects that subsequently grew in size and complexity. A re-emergence of small satellites is occurring given that technology now allows them to perform certain operations of large satellites. This paper will explore the risk and liability in space traffic situational awareness associated with the proliferation in the deployment of small satellites.

Small satellites encompass a range of space objects referred to as nanosatellites, microsatellites, picosatellites, cube satellites, femtosatellites and other designations. These satellites are generally placed into orbit as part of a “piggyback” payload on other launches or cargo …

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.

U.S. State Department International Law Internship And Employment Presentation And Discussion, Michael E. Thurston Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Michael E. Thurston, a Senior Foreign Service officer, who is currently serving as Diplomat-in-Residence based at Florida A & M University in Tallahassee. Mr. Thurston has served in Afghanistan, Burma, various locations in Africa, Australia, Sri Lanka, and Mexico.

The Santa Clara, 2014-11-06, Santa Clara University

The Santa Clara

No abstract provided.

November 6, 2014: An Election Of Anxiety, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Election of Anxiety“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-08 (EnerGreen 360 Facility)

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION

Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

In recent years, more and more employers are offering employees defined contribution plans instead of defined benefit plans. Although, there has been a shift away from the defined benefit pension plan, it is important for employees to understand the difference and value of both pension plans.

Each type of pension plan has both advantages and disadvantages. What may appear as an advantage to one person might seem to be a disadvantage to another person. For example, a person who spends all or most of her career with a single employer will have very different concerns from someone who changes jobs …

Understanding The Specialized Language Of Retirement Plans, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

Whether you are a participant in a defined benefit plan or a defined contribution plan, the realm of pension benefits can be tricky and confusing to navigate. Some of the terminology used might be unfamiliar to the average person. This glossary of common terms associated with retirement plans is meant to serve as a helpful resource for plan participants.

Summary Of Valdez V. Cox Commc’Ns Las Vegas, 130 Nev. Adv. Op. 89, Stephen Davis

Nevada Supreme Court Summaries

The Court determined that: (1) under NRCP 21, when claims are severed, two separate actions exist and severed claims may be appealed before resolution of the other, non-severed claims; and (2) a final order for severed claims need not be certified under NRCP 54(b) before appeal.

Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim

Popular Media

No abstract provided.

Toward The International Regime For Space Traffic Management -What To Fix The Current International Regulations-, Yu Takeuchi

Space Traffic Management Conference

Space Traffic Management (STM) is an effective concept for providing a solution to the current congested, contested, and competed situation of outer space. However the status of international legal system governing outer space remains at its original formation of the 1960s. Filling this gap is an inescapable task soon or late and it is necessary to establish the international regime for STM to do so. Various issues of the UN Space Treaties and relevant soft laws have been discussed in the context of STM item-by-item, but few are oriented to the establishment of a comprehensive international regime for STM.

This …

How To Reach An International Civil Aviation Organization Role In Space Traffic Management, Lt. Col. Stephen Hunter

Space Traffic Management Conference

The late President Emeritus of the ICAO Council, Assad Kotaite, recommended a new annex to the Chicago Convention to extend ICAO responsibilities for producing International Standards and Recommended Practices (SARPs) for suborbital and orbital civil space flights[i]. Additionally, the U.S. Office of the Secretary of Defense and the European Union have independently conceived standards that have yet to mature to an amicable stage. This impetus to develop SARPs is growing more urgent as space becomes more congested, contested and competitive. In order to best determine how to mature internationally acceptable SARPs for seamless operations from tropospheric to exo-atmospheric …

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.

Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel

Georgia Journal of International & Comparative Law

No abstract provided.

Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar

Georgia Journal of International & Comparative Law

No abstract provided.

All Together Now: International Regulatory Response To The Libor Rate Setting Conspiracy, Melissa Anne Conrad-Alam

Georgia Journal of International & Comparative Law

No abstract provided.

Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee

Georgia Journal of International & Comparative Law

No abstract provided.

Speech Along The Atrocity Spectrum, Gregory S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.

Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.