Law Commons^™

Kontrata Kolektive E Punës, Granit Mulolli

Theses and Dissertations

Një ndër mjetet juridike më të rëndësishme për mbrojtjen e interesave të punës të punëmarrësve gjatë marrëdhënieve të punës është pikërisht kontrata e punës dhe mbrojtjes sociale te tyre nepemjet nje mekanizmi si kontratat kolektive e punes.

Ajo eshte një mjet juridik te fuqishëm, që mbron dhe garanton të drejtat e punëmarrësve, ashtu që rrjedhimisht do të përmirësohej edhe gjendja sociale ekonomike pikërisht nga kjo rregullativë.Kontratat kolektive ka per qellim te vendos themelet e bashkëpunimit midis punëdhensve dhe sindikatës përfaqesuese e punëmarresve, është dokumenti më i rëndsishëm mbrojtës i të dy palëve. Rendesia e kontratave kolektive të punë është thelbesorepersa …

Sistemi Zgjedhor Në Kosovë, Berna Maliqi

Theses and Dissertations

Politika dhe sistemi funksional i saj ka ndikim çdo ditë në përditshmërine tonë, si e tillë në një mënyrë apo në tjetrën kjo reflekton tek ne. Në këtë punim tema e cila do të trajtohet në vijim ka të bëj kryesisht me sistemin zgjedhorë ku si pika kryesore të cilave edhe u referohet janë: si është sistemi zgjedhorë aktualisht në Kosovë, teoritë krahasuese te sistemet zgjedhore dhe me vendet e tjera, sistemi i proporcionit ose mazhoritarë. Në bazë të pyetjeve hulumtuese të shtruara përgjatë punimit do të mundohem të gjej edhe përgjigjjen. Metodologjia e përdorur në këtë punim do të …

Table Of Contents

Maryland Law Review

No abstract provided.

The Perils Of Philanthrocapitalism, Eric Franklin Amarante

Maryland Law Review

For over a century, philosophers, politicians, and sociologists have bemoaned philanthropy’s inherent antidemocratic, paternalistic, and amateuristic aspects. The antidemocratic nature of philanthropy is self-evident: When a wealthy person determines the best way to address a societal problem without the input of either society at large or the intended beneficiaries of the philanthropy, the result is a deficit of democracy. Philanthropy’s amateurism stems from the illogical belief that wealthy individuals ought to address some of the world’s most complex and intransigent problems simply because they successfully amassed a fortune in the private sector. The paternalism critique focuses on the assumption that …

1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren

Maryland Law Review

Globally, more private businesses, especially Fortune 100 companies are generating their own electricity, investing in renewable energy facilities, and voluntarily purchasing renewable energy credits to cover their carbon footprints. This shift could have a significant impact on the existing energy delivery system. On the one hand, this shift shows positive momentum toward the incorporation of clean energy into a fossil fuel dominated grid. As the negative impacts of climate change accelerate around the globe, decreasing reliance on fossil fuels is certainly an important goal. On the other hand, corporate disruption of what has historically been a highly regulated public service …

Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler

Maryland Law Review

Businesses have long tried to influence political outcomes, but today, there is a new and potent form of corporate political power—Platform Advocacy. Internet-based platforms, such as Facebook, Google, and Uber, mobilize their user bases through direct solicitation of support and the more troubling exploitation of irrational behavior. Platform Advocacy helps platforms push policy agendas that create favorable legal environments for themselves, thereby strengthening their own dominance in the marketplace. This new form of advocacy will have radical effects on deliberative democracy.

In the age of constant digital noise and uncertainty, it is more important than ever to detect and analyze …

The Error Theory Of Contract, Matthew A. Seligman

Maryland Law Review

Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.

The Article will then argue that people’s false beliefs about contract doctrine pose a fundamental …

After The Storm: Understanding And Improving U.S. And Texas Disaster Recovery And Hazard Mitigation Policies, Augustus L. Campbell

Texas A&M Journal of Property Law

Even as the number and effects of major disasters have steadily in- creased, government has played an increasingly large and central role in the response and recovery efforts after major disasters. Hurricane Harvey alone caused approximately $125 billion in economic losses. The federal government allocated over $136 billion in assistance for 2017 major disasters. Without adaptation and mitigation measures, researchers project that annual economic losses from storm, flood, and subsidence damage in the world’s coastal cities will average over $1 trillion per year by 2050. Even with adaptation and mitigation, annual losses in 2050 are still likely to exceed $60 …

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.

At the same time, the costs of solar, wind and battery storage systems have …

Elegy, William P. Lapiana

ACTEC Law Journal

No abstract provided.

Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner

ACTEC Law Journal

No abstract provided.

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano

Georgia State University Law Review

The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.

Federalism And The Right To Decide Who Decides, Andrew B. Ayers

Villanova Law Review (1956 - )

No abstract provided.

Diverse Originalism, Christina Mulligan

Faculty Scholarship

No abstract provided.

Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann

Washington Law Review

The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote low-carbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the need for …

The Multiple Justifications Of Occupational Licensing, Nick Robinson

Washington Law Review

Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing increased consumer costs and impairing labor mobility and economic freedom. To address these concerns, many policymakers and academics argue that licensing restrictions should be more closely tailored to the goal of protecting the public from harm and that, to guard against capture, practitioners should not regulate their own licensing. Federal courts, in turn, have drawn on this vision of the proper role of occupational …

To Withdraw Or Not To Withdraw: Reviewability Of An Agency's Withdrawn Proposed Rule, Jane E. Carmody

Washington Law Review

Federal agencies propose thousands of regulations in any given year. The Administrative Procedure Act requires such agencies to follow certain procedures when enacting rules and regulations. However, when an agency proposes a new rule that is purely discretionary—not mandated by Congress—it may withdraw the proposed rule at any point before the rule is finalized. In October 2017, the Centers of Medicare and Medicaid (CMS) withdrew a proposed rule that, if enacted, would have required long-term care facilities to recognize out of state same-sex marriages as a condition of Medicare and Medicaid participation. In its formal withdrawal published in the Federal …

Privacy's Double Standards, Scott Skinner-Thompson

Washington Law Review

Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections. This Article unearths disparate outcomes in public disclosure tort …

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.

A Meticulous Food Safety Plan Today Avoids Handcuffs Tomorrow, Kim Bousquet

Journal of Food Law & Policy

In August 2010, thousands of people across the United States were poisoned by eating eggs unknowingly tainted with Salmonella enteritidis bacteria. Following a lengthy investigation, the owners of the facility where the outbreak began were sentenced to three months in prison. This is not a one-off case; poor food safety practices are responsible for several outbreaks and often end in incarceration. Filthy hen houses, diseased fruit storage, and negligent food processing may be the last thing we want to imagine, but these practices have much to teach today's food producers. This article first examines how poor food production practices can …

Journal Of Food Law & Policy - Volume 14 Fall 2018, Journal Editors

Journal of Food Law & Policy

No abstract provided.

From Arcades To Online: Updating Copyright To Accommodate Viodeo Game Streaming, Nicholas Robinson

North Carolina Journal of Law & Technology

No abstract provided.

Bioethics Beyond The Biosphere: Using Human Subject Medical Research To Chart Out Regulation And Liability For Health Risks In Outer Space, Ashle M. Page

North Carolina Journal of Law & Technology

Humans may be living in outer space sooner than we think. Because of the elevated potential for detrimental effects to human health in space, ethical standards must be established prior to the widespread formation of human space settlements. This article offers a framework for analyzing the bioethics of humans in space by analogizing the uncertainty in establishing a precautionary and liability framework for health risks in space by using models for medical experimentation on Earth.

An exploration of conventional bioethics principles, international guidelines for medical research, and regulations in the United States will parallel a precautionary framework for ensuring protections …

How To Create A Stunning Video Orientation By Hand, Rachel S. Evans

Articles, Chapters and Online Publications

This article describes the multi-faceted approach UGA Law Library took with their fall 2018 first year student orientation. It describes the process of the creating a virtual tour experience, pairing it with a hybrid face-to-face event, and assessing the impact of all aspects of the orientation. The creation of the video itself involved a multi-media approach using a combination of visual arts and technology to animate a product that has a longer expiration than traditional video or in-person library orientations offer.

Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …

Civil-Military Relations And Today's Policy Environment, Thomas N. Garner

The US Army War College Quarterly: Parameters

No abstract provided.

The Making Of The Supreme Court Bar: How Business Created A Solicitor General For The Private Sector, Jeremy Pilaar

Michigan Law Review Online

This Essay tells a simple but important story about power and the law: that of the rise of the modern Supreme Court bar. Since 1985, a small cadre of private attorneys has come to dominate Court advocacy. While the share of lawyers making their first arguments before the justices fell from 76% to 43% between 1980 and 2007, the fraction with ten or more arguments under their belt rose from 2% to 28%. Similarly, while litigators with five or more previous arguments were responsible for 5.8% of the case petitions granted in October Term 1980, that quotient soared to 55.5% …

#I U: Considering The Context Of Online Threats, Lyrissa Lidsky

Faculty Publications

The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architecturalf eatures ofplatforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. This …

Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath

Journal of Legislation

This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its policy goals.

“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona

Journal of Legislation

No abstract provided.