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2019

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Articles 13831 - 13852 of 13852

Full-Text Articles in Law

Blending Surnames At Marriage, Hannah Haksgaard Dec 2018

Blending Surnames At Marriage, Hannah Haksgaard

Hannah Haksgaard

In most states, marrying couples are severely limited in their surname choices at the time of marriage. While recent scholarship has focused on men’s limited surname choices, other important problems with the marital surname process exist. For example, the increasingly popular decision to blend surnames—taking parts of both current surnames to create an entirely new surname—is generally not allowed. Four states explicitly allow for surname blending on the marriage license, and three more allow for any surname to be adopted. This article argues the remaining states should follow suit by allowing surname blending and other surname options. In addition to …

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Rural Practice As Public Interest Work, Hannah Haksgaard Dec 2018

Rural Practice As Public Interest Work, Hannah Haksgaard

Hannah Haksgaard

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers. 

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Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement,, Daniel Gervais Dec 2018

Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement,, Daniel Gervais

Daniel J Gervais

Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally reserved to States. ISDS is a mechanism meant to protect the private property of multinational investors against certain acts of public authorities.

Intellectual Property differs from the more traditional private (property) law interests that ISDS aims to protect. IP incorporates public policy objectives such as innovation, access to information or public health that are reflected in limitations and exceptions to the …

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Climate Change Limitations Of The Legal System In Addressing The Threats, Iafor International Conference On Sustainability, Energy & The Environment 2019, Celeste M. Hammond Dec 2018

Climate Change Limitations Of The Legal System In Addressing The Threats, Iafor International Conference On Sustainability, Energy & The Environment 2019, Celeste M. Hammond

Celeste M. Hammond

From clean air regulations that affect cars and the transportation industry to government subsidies/incentives for renewable energy (solar & wind) to protecting the first amendment rights of scientists and journalists who maintain that climate change really exists and is caused by human activity, the American legal system is an integral part of the response to climate change and the public policy of sustainability and resilience.

The importance of legal rules to deal with the threats posed by Climate Change cannot be overstated. At the federal, state and local levels of government regulations reducing air pollution and controlling energy that increases …

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Solidarity Economy Lawyering, Renee Hatcher Dec 2018

Solidarity Economy Lawyering, Renee Hatcher

Renee Hatcher

This Essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. Solidarity economy is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement in other parts of the world has been established for several decades, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well as the …

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Trust, Autonomy, And The Fiduciary Relationship, Carolyn Mcleod, Emma Ryman Dec 2018

Trust, Autonomy, And The Fiduciary Relationship, Carolyn Mcleod, Emma Ryman

Carolyn McLeod

Some accounts of the fiduciary relationship place trust and autonomy at odds with one another, so that trusting a fiduciary to act on one’s behalf reduces one’s ability to be autonomous. In this chapter, we critique this view of the fiduciary relationship (particularly bilateral instances of this relationship) using contemporary work on autonomy and ‘relational autonomy’. Theories of relational autonomy emphasize the role that interpersonal trust and social relationships play in supporting or hampering one’s ability to act autonomously. We argue that fiduciary relationships, understood through the lens of relational autonomy, can provide a means of enhancing, rather than diminishing, …

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The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo Garcia Sanchez Dec 2018

The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Chinese offshore investments in the oil and gas sector around the world are on the rise. Like dragons roaming the seas trying to dominate the tides, Chinese state-owned companies are particularly eager to bid for oil fields in maritime borderlines. The article tells the story of how Chinese state-owned companies are over paying for oil on the US-Mexico boundary to gather experience on how China’s global competitors handle resource development conflicts. My argument is that Chinese participation in transboundary field development fits within a long-term strategy to master international legal regimes. The presence of these petro-dragons in borderlines is an …

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The Gender Of Trafficking, Kerwin A. Kaye Dec 2018

The Gender Of Trafficking, Kerwin A. Kaye

Kerwin Kaye

The exclusion of male victims from discussions of sex trafficking is pervasive. Here I detail the discursive dichotomisation of this framework, examining not only why men and boys have historically been excluded as victims of sexual trafficking, but also how this discourse acts as a gendered and gendering formation more generally. Following this I critically examine the recent turn toward the inclusion of boys as victims of DMST ("Domestic Minor Sex Trafficking"), arguing that the ‘sex trafficking’ frame is less useful – and more harmful – than it may appear.

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Fraudulent Joinder, Federalism. And The Twombly/Iqbal Problem, Charles Oldfield Dec 2018

Fraudulent Joinder, Federalism. And The Twombly/Iqbal Problem, Charles Oldfield

Charles W. Oldfield

Fraudulent joinder exists when a plaintiff joins a non-diverse defendant to defeat removal to federal court based on diversity jurisdiction. The Supreme Court has held that federal courts can disregard the citizenship of fraudulently joined defendants when determining whether diversity jurisdiction exists.

The federal courts have not adopted a uniform test for fraudulent joinder, but all analogize it to the test used to decide a motion to dismiss for failure to state a claim upon which relief can be granted. Twombly and Iqbal arguably imposed a heightened pleading standard in federal court but many states continue to apply a notice …

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Eyes On The Prize: Procedures And Strategies For Collecting Money Judgments And Shielding Assets, Carolina Academic Press Dec 2018

Eyes On The Prize: Procedures And Strategies For Collecting Money Judgments And Shielding Assets, Carolina Academic Press

Jason Kilborn

A guidebook survey of the mechanics and strategies for every step of the process of collecting (or defending against collection) on a money judgment, including domestication and discovery, seizure and turnover, liens and priority battles, exemptions and asset protection, fraudulent conveyance recovery and bankruptcy.  Detailed analysis of common, modern asset classes—bank accounts, wages, business investments and securities, and intellectual property—and governing federal and state law in three representative states: New York (traditional), California (innovative), and Illinois (aggressively modernized), with comments on selected highlights in other states (Texas, Florida, Pennsylvania, Iowa). An accessible, hands-on resource for reviving the study of post-judgment …

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Asean Law In The New Regional Economic Order: An Introductory Roadmap To The Asean Economic Community, Pasha L. Hsieh Dec 2018

Asean Law In The New Regional Economic Order: An Introductory Roadmap To The Asean Economic Community, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

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Do You Believe In Ghost Apartments?, Michael Lewyn Dec 2018

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.

More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this …

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Addiction Informed Immigration Reform Dec 2018

Addiction Informed Immigration Reform

Rebecca Sharpless

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of “good moral character” needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today’s understanding of addiction. The damage done by failing to …

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The Global Clinical Revolution In Law.Pdf, Richard Wilson Dec 2018

The Global Clinical Revolution In Law.Pdf, Richard Wilson

Richard J. Wilson

This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals. Clinical legal education provides an alternative to traditional pedagogies used in law schools all over the world, which largely continue to rely on lecture or case methods. It is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients.

The book is organized into two very …

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Obat Sipilis Kencing Nanah De Nature Di Bandung, Obat Kutil Kelamin Di Jakarta Dec 2018

Obat Sipilis Kencing Nanah De Nature Di Bandung, Obat Kutil Kelamin Di Jakarta

Obat Kutil Kelamin Di Jakarta

Obat Kencing Nanah di Kota Bandung Jawa Barat ASLI DE NATURE
Apakah ada Toko Obat Sipilis di Kota Bandung? Jika anda mencari Toko Obat Sipilis di Kota Bandung, anda tepat sekali membuka website kami. Kami rekomendasikan obat herbal De Nature yang sudah terbukti ampuh untuk Pengobatan Herbal Sipilis. Salah satu produk De Nature untuk mengobati Sipilis yaitu Kapsul Gang Jie, Gho Siah De Nature.

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Https://Www.Myfitnesspharm.Com/Arcaderm-Serum/, Tomini Kalos Dec 2018

Https://Www.Myfitnesspharm.Com/Arcaderm-Serum/, Tomini Kalos

Tomini Kalos


Arcaderm Serum The Gorge has all the time been a Arcaderm Serum of radicalism and arms smuggling, however now it is fast changing into a shahid factory. Such a distribution of Arcaderm Serum makes attainable the construction of two,five hundred frames on 1 hectare. The development of Navi Mumbai dates back to 1972 when a satellite metropolis to Mumbai was proposed. Regarding ten days earlier than being planted in the open ground, the young crops in beds or flats are blocked out with a big knife. A Arcaderm Serum of exercise. A chilly frame, generally called a sun field, is …

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Rethinking The Rcep In The Third Regionalism: Paradigm Shifts In World Trade Law?, Pasha L. Hsieh Dec 2018

Rethinking The Rcep In The Third Regionalism: Paradigm Shifts In World Trade Law?, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

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Should Robots Prosecute And Defend?, Stephen E. Henderson Dec 2018

Should Robots Prosecute And Defend?, Stephen E. Henderson

Stephen E Henderson

Even when we achieve the ‘holy grail’ of artificial intelligence—machine intelligence that is at least as smart as a human being in every area of thought—there may be classes of decisions for which it is intrinsically important to retain a human in the loop. On the common account of American criminal adjudication, the role of prosecutor seems to include such decisions given the largely unreviewable declination authority, whereas the role of defense counsel would seem fully susceptible of automation. And even for the prosecutor, the benefits of automation might outweigh the intrinsic decision-making loss, given that the ultimate decision—by judge …

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Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin Dec 2018

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.

This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some of …

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Bradford-Clarence-Cv-Pdf.Pdf, Clarence O. Bradford Dec 2018

Bradford-Clarence-Cv-Pdf.Pdf, Clarence O. Bradford

Clarence Bradford

No abstract provided.

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Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova Dec 2018

Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

This article examines how the common law tort of negligence as developed in the United Kingdom can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protection in that they protect fundamental interests. However, in the context of the common law certain analytical elements have been more thoroughly considered and more clearly articulated. …

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Professionalism For Law Teachers: Lessons I Learned From John Makdisi, Daniel B. Bogart Dec 2018

Professionalism For Law Teachers: Lessons I Learned From John Makdisi, Daniel B. Bogart

Daniel B. Bogart

No abstract provided.

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