Law Commons^™

Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton

Undergraduate Research Symposium Posters

I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …

Real Estate Transactions: Cases And Materials On Land Transfer, Development And Finance, 6th Ed., Gerald Korngold

Books

This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include:

Revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining …

Innovation And The Role Of Public-Private Collaboration In Contract Governance: Governing Global Finance: Towards Contractual Governance, Katharina Pistor

Faculty Scholarship

The global financial crisis demonstrated the vulnerability, if not failure, of existing governance structures for financial markets. Even if it is true that financial crises cannot be avoided, there may be room for improving existing structures. This chapter suggests that such an improvement might lie in switching from exclusive, hierarchical, and coercive forms of governance to inclusive, horizontal, cooperative ones—and uses the shorthand ‘contractual governance’ for the latter. Starting from the presumption that new forms of governance are frequently born in crisis, the chapter analyses several responses to the crisis and asks whether they display features of alternative forms of …

What Do Judges Do All Day, Burt Neuborne

Vanderbilt Law Review En Banc

No abstract provided.

Family Support And Supporting Families, Courtney G. Joslin

Vanderbilt Law Review En Banc

No abstract provided.

The Privacy Issues Presented By The Cybersecurity Information Sharing Act, John Heidenreich

North Dakota Law Review

No abstract provided.

Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst

Fordham International Law Journal

No abstract provided.

The Living-Dead, Rivka Weill

Fordham International Law Journal

No abstract provided.

Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley

Fordham International Law Journal

Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties are caught has become of particular interest. This Article addresses this debate and seeks to offer some guidance towards its resolution.

Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima

Fordham International Law Journal

Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …

The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits

Fordham International Law Journal

Writing about developments in Europe’s Economic and Monetary Union (“EMU”) at this juncture in time is a bold endeavour and a hazardous undertaking. ‘Bold’ because the developments are manifold, highly technical in nature and deeply contested among the players and the public—between Greeks and Germans, between mainstream political parties and (emerging) parties taking a different view, and between politicians and the electorate. ‘Hazardous’ as developments go so fast that these lines shall be partially outdated the moment they appear in published form. And yet, there is a need to explore and explain. That’s what this contribution seeks to do: to …

The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua

Research Collection Yong Pung How School Of Law

In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation.1 Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible (UNCITRAL 2004: 55). Eventually, Article 15 merely provided that: If the parties reach and sign an agreement settling a dispute, that settlement agreement is binding and enforceable … [the enacting State inserts a description of the method of enforcing settlements agreements or refers to provisions governing such enforcement].

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher

Washington and Lee Law Review

Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …

The Prior Convictions Exception—A Comment, Matthew Engle

Washington and Lee Law Review

No abstract provided.

Tarp, A Just Act, Kerrie Kline

Student Works

No abstract provided.

The Public Policy Considerations After The America Invents Act And Association Of Molecular Pathology V. Myriad Genetics, Inc., Samuel J. Berse

Student Works

No abstract provided.

In Vitro Fertilization: The Right To Give Life Or Taking The Fundamental Right To Life, Jennie I. Medina

Student Works

No abstract provided.

Regionally Based Collective Trademark System In Japan: Geographical Indicators By A Different Name Or A Political Misdirection?, Kenneth L. Port

Cybaris®

No abstract provided.

A Short History Of Patent Remedies, James Ryan

Cybaris®

No abstract provided.

Just Governance Or Just War?: Native Artists, Cultural Production, And The Challenge Of "Super-Diversity", Rebecca Tsosie

Cybaris®

No abstract provided.

Inter Partes Review: A Multi-Method Comparison For Challenging Patent Validity, Joseph W. Dubis

Cybaris®

No abstract provided.

Miranda And The Search For Truth: How Confessions And Police Coercion Hinder The Road To Justice, Yoana Yakova

Student Works

No abstract provided.

Sexual Exploitation In The Digital Age: Non-Consensual Pornography And What Washington Can Do To Stop It, Farah Ali, Brian Conley, Heather Lewis, Charlotte Lunday

Technology Law and Public Policy Clinic

No abstract provided.

Cryptocurrencies: An Introduction For Policy Makers, Brian Conley, Jeffrey Echert, Andrew Fuller, Heather Lewis, Charlotte Lunday

Technology Law and Public Policy Clinic

Cryptocurrencies are open-source, peer-to-peer digital currencies. Two of their most distinctive features include the use of public key cryptography to secure transactions and create additional currency units, as well as the decentralized nature of their digital payment systems. The underlying technical system which all cryptocurrencies are modelled after is that of the original cryptocurrency,

Bitcoin.

Bitcoin was created by “Satoshi Nakamoto” a person or group credited with writing the first paper on the digital currency in 2008. Certain key elements differentiate cryptocurrencies from traditional electronic currency systems such as electronic banking and PayPal, most notably their decentralized control mechanisms. That …

Gigabit Internet In Seattle, Sam Méndez

Technology Law and Public Policy Clinic

On December 13, 2012 then-Mayor Mike McGinn announced a partnership between the City of Seattle, the University of Washington, and a company called Gigabit Squared that was to bring ultra high speed Internet connections to twelve neighborhoods within Seattle.1 Called Gigabit Seattle, the plan promised a fiber-to-the-premises (FTTP) network to 50,000 city households and businesses, serving over 100,000 residents.2 The letter of intent between the city and Gigabit Squared stated the company would seek $25 million in capital with the network built and operational within 24 months that would provide connection speeds to customers of up to 1000 megabits per …

Libraries And Legal Education, Jonathan Franklin

Librarians' Chapters in Books

Academic law libraries are in the midst of radical change, probably more so than at any time in the past 100 years. Two factors are converging that make business as usual no longer viable for academic law libraries: transition of legal resources from print to digital formats and economic changes in legal education.

Best Practices for Legal Education did not address the role of law libraries in the delivery of legal education. The changes facing law schools suggest now is the time to articulate how libraries can best contribute to the endeavor. How can best practices for law libraries be …

Exploring Precedent, Mary Whisner

Librarians' Articles

Ms. Whisner looks at the concept of precedent in the case law arena and discusses how to handle cases from parallel and lower courts, including unpublished decisions. She offers tips to help make decisions when using precedent, including consulting secondary sources and key numbers.

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Business And Financial Literacy, Dwight Drake

Chapters in Books

Law practice continues to become more complex and demand a broader range of specialized knowledge. Business and financial literacy skills, once viewed as only important in business school or for law students who intend to become lawyers representing business owners or entities, are being viewed differently by legal educators who desire to ensure that law students are prepared for practice.

The world is driven by business, and core business and financial issues routinely surface in various types of legal disputes, transactions, and planning challenges. At a minimum, knowledge of basic business and financial concepts will help a lawyer deal with …

Transfer Of Learning, Deborah Maranville

Chapters in Books

A key characteristic of effective education is that students are able to retain and build on the information, skills, and values they learn in their work in later courses and in the world. Doing so is known as transfer of learning. Ultimately, for law students that means they are able to transfer what they learn into the work they do as professionals. Best Practices for Legal Education did not delve deeply into the educational literature on transfer of learning.

Underlying its preparation for practice theme, however, was an implicit recognition that both individual law teachers and law schools as institutions …