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Articles 1 - 23 of 23
Full-Text Articles in Law
Educational Choice And The Courts: U.S. And Germany, John Coons
Educational Choice And The Courts: U.S. And Germany, John Coons
John Coons
No abstract provided.
Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson
Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson
Nicholas Howson
No abstract provided.
The Giving Reasons Requirement, Martin Shapiro
Three Voices Of Socio-Legal Studies, Malcolm M. Feeley
Three Voices Of Socio-Legal Studies, Malcolm M. Feeley
Malcolm Feeley
No abstract provided.
La Adaptación A Las Necesidades: Convergencia Y Divergencia, Renzo E. Saavedra Velazco
La Adaptación A Las Necesidades: Convergencia Y Divergencia, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda
Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda
Ronald D. Rotunda
If you want to understand your own language, learn a foreign tongue. Similarly, if you want to understand the American system of government, learn what our intellectual kin—Great Britain and Canada—have done. As Professor F.H. Buckley notes, “He who knows only his own country knows little enough of that.” He is one of the few people who has thoroughly mastered the legal structure and history of all three countries.
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
The Divergent Evolution Of English Property Law, Jerry L. Anderson
The Divergent Evolution Of English Property Law, Jerry L. Anderson
Jerry L. Anderson
Despite the common origins of American and English property law, there are now some significant, and interesting, differences. This article examines five divergent aspects in the areas of title registration, limitations on ownership, condominiums, adverse possession, and foreclosure. In each case, the differences should cause us to think about whether our system represents the best approach, in terms of efficiency and fairness.
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
School of Law Faculty Publications
The U.S. Securities and Exchange Commission (“SEC”) must utilize mutual recognition based on substituted compliance to maintain American preeminence in the global securities market. In fact, mutual recognition based on substituted compliance facilitates the SEC’s ability to fulfill its statutory mandate-- to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. Currently, all US investors may have access to foreign exchanges in the global securities market without the protection of the U.S. federal securities laws; at a minimum, the SEC must take action to fulfill the first prong of its statutory mandate--to protect investors. In addition, maintaining …
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Robert P Merges
No abstract provided.
On The Comparative Study Of Corruption, Franklin E. Zimring, David T. Johnson
On The Comparative Study Of Corruption, Franklin E. Zimring, David T. Johnson
Franklin E. Zimring
No abstract provided.
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Books
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …
Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson
Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Path Dependence In Discrimination Law: Employment Cases In The United States And The European Union, Katerina Linos
Path Dependence In Discrimination Law: Employment Cases In The United States And The European Union, Katerina Linos
Katerina Linos
No abstract provided.
Market Corrective Rulemaking: Drawing On Eu Insights To Rationalize U.S. Regulation, Reeve T. Bull
Market Corrective Rulemaking: Drawing On Eu Insights To Rationalize U.S. Regulation, Reeve T. Bull
Reeve T Bull
When justifying the government’s role in intervening in the free market, economists and legal scholars alike point to the problem of “market failures”: laissez-faire capitalism may not produce optimal outcomes in certain cases, and government interventions can promote overall market efficiency. The existence of such market failures is not terribly controversial; the question of whether government regulators can correctly identify these flaws and devise appropriate solutions, by contrast, is significantly more contentious. Unfortunately, under the existing regulatory framework, government officials are not especially well-positioned to make these difficult determinations. Congress does not, as a general matter, consider the economic costs …
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
James R Maxeiner
Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …
Equity Crowdfunding: All Regulated But Not Equal, Garry A. Gabison
Equity Crowdfunding: All Regulated But Not Equal, Garry A. Gabison
Garry A. Gabison
This paper describes how different countries have approached equity crowdfunding. This paper focuses on countries or regulatory authorities that either expressed their awareness of the phenomenon but decided to adopt a holding pattern (monitoring and investigating) or that decided to adopt new laws and regulations. Countries like Australia have opted to reaffirm how their current set of regulations applies to crowdfunding whereas others like the United States, Italy, the United Kingdom, and France have elected to create new exemptions in an effort to facilitate equity crowdfunding. This paper compares how each country decided to regulate the different participants in the …
Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin
Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin
David M. Smolin
Amidst controversy, a legal regimen for intercountry adoption (ICA) has been developed over the past twenty-five years. The primary constituent parts are the 1989 UN-based Convention on the Rights of the Child (“CRC”) and the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). Since the creation of those conventions, international and national legal efforts have focused on delineation and implementation of a set of standards based on their principles in the attempt to create a stable and reliable intercountry adoption system. This project of the creation of a stable and reliable intercountry …
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
David B Kopel
Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back as least as far as the reign of Alfred the Great in ninth century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. This Article presents the history and law of the posse comitatus and the office of sheriff …
Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias
Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias
The International Lawyer
No abstract provided.
Tax Anti-Avoidance Law In Australia And The United States, Susan C. Morse, Robert Deutsch
Tax Anti-Avoidance Law In Australia And The United States, Susan C. Morse, Robert Deutsch
The International Lawyer
No abstract provided.
Keeping The Status Quo: Why Continuing To Recognize The Presumption Of Irreparable Harm In False Comparative Advertising Protects The Market, Max Dillan
Fordham Journal of Corporate & Financial Law
Legal action challenging a company’s advertisement for containing false or misleading statements is a more recent development in the American legal system. The market’s utilization of advertising to promote sales has grown steadily to the point where the frequency with which it now permeates everyday life is almost constant. Lawsuits challenging many of these advertisements have increased as well. The swelling influence of advertisements in the marketplace and the complementary rise in false advertising litigation is relevant for both companies and consumers alike. As litigation continues to grow as an outlet for companies to safeguard their brands, consumers will find …
The Procedural Fortress Of Us Immigration Law, Jill Family
The Procedural Fortress Of Us Immigration Law, Jill Family
Jill E. Family