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2016

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Articles 1711 - 1740 of 15253

Full-Text Articles in Law

Drawing The Line For Democratic Choice: How The Petition Clause Can Restore A Citizen’S Right To Participate In Commission-Driven Redistricting, Mateo Forero Nov 2016

Drawing The Line For Democratic Choice: How The Petition Clause Can Restore A Citizen’S Right To Participate In Commission-Driven Redistricting, Mateo Forero

Indiana Journal of Law and Social Equality

In this Article, I argue that commission-driven redistricting (and the “apolitical” process enshrined therein) frustrates a citizen’s right to meaningfully participate in electoral design. This right is fundamental, and has long been safeguarded by the First Amendment’s assertion that “Congress shall make no law . . . abridging . . . the right of the people . . . to petition the Government for a redress of grievances.” Accordingly, I propose that courts use the Petition Clause as a constitutional remedy against rules that abridge substantive public input in commission-driven redistricting. To illustrate this claim, I analyze how one commonly …


State Of Utah, Plaintiff/ Appellee, V. Jared Michael Watring, Defendant / Appellant., Utah Court Of Appeals Nov 2016

State Of Utah, Plaintiff/ Appellee, V. Jared Michael Watring, Defendant / Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Ruling and Order on Motion to Correct Illegal Sentence entered on September 15, 2015, in the Second District Court, Davis County, the Honorable John R. Morris, presiding


Legal And Policy Approaches To Reduce Marine Debris In New England, Roger Williams University School Of Law Nov 2016

Legal And Policy Approaches To Reduce Marine Debris In New England, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies Nov 2016

Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies

Life of the Law School (1993- )

No abstract provided.


The Role Of The Advocate, Dr. Piero L. Frattin Nov 2016

The Role Of The Advocate, Dr. Piero L. Frattin

The Catholic Lawyer

No abstract provided.


The Role Of The Civil Lawyer In Church Courts, Lawrence X. Cusack Nov 2016

The Role Of The Civil Lawyer In Church Courts, Lawrence X. Cusack

The Catholic Lawyer

No abstract provided.


Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine Nov 2016

Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine

The Catholic Lawyer

No abstract provided.


Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt Nov 2016

Canonical And Civil Matrimonial Actions: A Comparison, Msgr. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


Imls, Cosla Launch “Measures That Matter”, Jennifer Dixon Nov 2016

Imls, Cosla Launch “Measures That Matter”, Jennifer Dixon

Staff Publications

No abstract provided.


Salt Lake City Corporation Plaintiff-Appellee V. Mark C. Haik Defendant-Appellant, Utah Supreme Court Nov 2016

Salt Lake City Corporation Plaintiff-Appellee V. Mark C. Haik Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District Court Case No. 140900915 The Honorable Andrew Stone, presiding


Salt Lake City Corporation, Petitioner-Plaintiff-Appellee) V. Mark C. Haik, Respondent-Defendant-Appellant., Utah Supreme Court Nov 2016

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee) V. Mark C. Haik, Respondent-Defendant-Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding


The Impact Of Mandated Corporate Social Responsibility: Evidence From India's Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya S. Khanna Nov 2016

The Impact Of Mandated Corporate Social Responsibility: Evidence From India's Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya S. Khanna

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha Nov 2016

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …


Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias Nov 2016

Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias

Nevada Supreme Court Summaries

The Court concluded that funds contained in financial accounts under 26 U.S.C. § 529 (“529 accounts”) constitute a debt and that these funds are subject to execution and garnishment in Nevada despite their physical location elsewhere. Specifically, the Court adopted Section 68 of the Restatement (Second) of Conflict of Laws and concluded that funds contained in 529 accounts are a debt, not a chattel.


Oral Tradition And The Kennewick Man, Cathay Y. N. Smith Nov 2016

Oral Tradition And The Kennewick Man, Cathay Y. N. Smith

Faculty Law Review Articles

No abstract provided.


Morales-Santana Before The U.S. Supreme Court: Gender Discrimination In Derivative Citizenship With Consequences For Gender Equity, Parental Responsibility And Children’S Well Being, Janet Calvo Nov 2016

Morales-Santana Before The U.S. Supreme Court: Gender Discrimination In Derivative Citizenship With Consequences For Gender Equity, Parental Responsibility And Children’S Well Being, Janet Calvo

City University of New York Law Review

No abstract provided.


Will The Real Miss America Please Stand Up? Copyright Considerations In Recent Comics News, Maricela Gonzalez Nov 2016

Will The Real Miss America Please Stand Up? Copyright Considerations In Recent Comics News, Maricela Gonzalez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Diversity in comics is always important but currently it is a hot topic in the comic book industry and broader pop culture fandom discourse. In the vein of a modern legacy of reintroducing characters of color in their own titles, Marvel, which is along with DC one of two major comic book publishers and entertainment media companies, announced the latest solo comic featuring a character of color. Marvel announced that dimension-hopping Latina superhero, Miss America Chavez, created by Joe Casey and Nick Dragotta, will star in her own comic in 2017. America continued to gain popularity following Kieron Gillen and …


The Impact Of Mandated Corporate Social Responsibility: Evidence From India's Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya S. Khanna Nov 2016

The Impact Of Mandated Corporate Social Responsibility: Evidence From India's Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya S. Khanna

Public Law and Legal Theory Working Papers

No abstract provided.


November 2, 2016: What Comey Did, Bruce Ledewitz Nov 2016

November 2, 2016: What Comey Did, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Comey Did“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


1839 – California: A History Of Upper And Lower California From Their First Discovery To The Present Time, Alexander Forbes Nov 2016

1839 – California: A History Of Upper And Lower California From Their First Discovery To The Present Time, Alexander Forbes

Miscellaneous Documents and Reports

The first full account in English to relate exclusively to California, this book covers the history, climate, soil, natural productions, agriculture, and commerce, as well as the establishment of the missions and the conditions of the “free and domesticated” Indians. It includes an appendix on steam navigation in the Pacific.


1848, February 2 – Treaty Of Guadalupe Hidalgo Nov 2016

1848, February 2 – Treaty Of Guadalupe Hidalgo

US Government Treaties and Reports

February 2, 1848 Treaty signed by the United States and Mexico ended the war between the United States and Mexico. In addition to establishing the Rio Grande as the border between the two countries, the territory acquired by the U.S. included what became the states of Texas, California, Nevada, Utah, most of New Mexico and Arizona, and parts of Colorado and Wyoming. Mexico received fifteen million dollars in compensation for the territory with the U.S. agreeing to assume claims from private citizens of these areas against the Mexican government.


What Lurks Below Beckles, Leah Litman, Shakeer Rahman Nov 2016

What Lurks Below Beckles, Leah Litman, Shakeer Rahman

Articles

This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …


Crowdfunding Without The Crowd, Darian M. Ibrahim Nov 2016

Crowdfunding Without The Crowd, Darian M. Ibrahim

Popular Media

No abstract provided.


South Africans Learn That The Law Can Be A Double-Edged Sword, Penelope Andrews Nov 2016

South Africans Learn That The Law Can Be A Double-Edged Sword, Penelope Andrews

Other Publications

South Africa’s National Prosecuting Authority charged the country’s finance minister Pravin Gordhan and two of his former colleagues at the tax authority, Ivan Pillay and Oupa Magashule, with fraud last month. The charge was widely criticised as baseless and politically motivated, amid allegations of state capture. It sent the currency into a nosedive and wiped billions off the stock market. This week, the NPA withdrew the charges on the eve of the trio’s court appearance. Politics and society editor, Thabo Leshilo, asked law professor Penelope Andrews for her view.


The Right Of Privacy Nov 2016

The Right Of Privacy

The Catholic Lawyer

No abstract provided.


Televising Judicial Proceedings - A Denial Of Due Process? Nov 2016

Televising Judicial Proceedings - A Denial Of Due Process?

The Catholic Lawyer

No abstract provided.


Compulsory Sterilization: A Re-Examination Nov 2016

Compulsory Sterilization: A Re-Examination

The Catholic Lawyer

No abstract provided.


Study Of The Canons Of Professional Ethics, Edward L. Wright Nov 2016

Study Of The Canons Of Professional Ethics, Edward L. Wright

The Catholic Lawyer

No abstract provided.


The New Immigration Law, John E. Mccarthy Nov 2016

The New Immigration Law, John E. Mccarthy

The Catholic Lawyer

No abstract provided.


The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman Nov 2016

The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman

Faculty Publications and Presentations

How has the country gone from a “firm reliance on the protection of Divine Providence” to where defining marriage as the union of one man and one woman is condemned as constitutionally irrational,and where the use of sex-separate private spaces by biological sex is subject to federal discrimination lawsuits?The answer can be traced to 1948 when Dr. Alfred C. Kinsey launched what was marketed then--and now--as the first “scientific” study of human sexuality.Indeed, Chief Judge of the Seventh Circuit Court of Appeals, Richard Posner extols Kinsey’s study as the “high-water mark of descriptive sexology.”Influential law professors such as Columbia University’s …