Law Commons^™

Sistemi Zgjedhor, Donika Shala

Theses and Dissertations

Përzgjedhja e sistemit të zgjedhjeve është një nga vendimet institucionale më të rëndësishme për çdo demokraci. Megjithatë, nuk është e lehtë që të përzgjidhet një sistem ideal zgjedhor. Shpesh përzgjedhja është e rastit, rezultat i kombinimit jo të zakonshëm të rrethanave, të një trendi kalimtar, ose të historisë së huaj.

Përkundër shumë përkufizimeve për sistem zgjedhor, ndoshta në lidhje me temën që shqyrtohet këtu do të ishte që sistemi zgjedhor është sistem që mundëson zgjedhje demokratike për qytetarët, duke u lejuar votuesve të zgjedhin mes alternativave të ndryshme në garë të subjekteve politike për funksione të ndashme publike. Meqenëse tema …

Masat Për Sigurimin E Prezences Së Të Pandehurit Në Procedurën Penale Me Theks Të Vecantë Paraburgimi, Driton Berisha

Theses and Dissertations

Qellimi i masave për sigurimin e prezencës së të pandehurit është kufizimi i lirisë së të pandehurit gjatë procedurës penale në masën që i përgjigjet peshës së veprës penale, karakteristikave personale të të pandehurit, mënyres së kryerjes së veprës penale si dhe rrethanave të tjera në të cilat është kryer vepra penale.

Në këtë punim do të trajohet paraburgimi si cështje kryesore, e cila si masë për sigurimin e pranisë së të pandehurit në procedurë konsiderohet si njëra nga masat më të rënda që ka paraparë ligjvënësi për sigurimin e pranisë së të pandehurit në procedurë penale. Me anë të …

Heqja Dorë Nga E Drejta E Pronësisë, Dhurata Matoshi

Theses and Dissertations

Qysh nga koha e krijimit, njerzit me zhvillim dhe punë kanë kuptuar se duhet të krijohet një vendbanim, një pronësi, për të jetuar, dhe se duhet mbrojtur ajo që fitohet, andaj me zhvillimet e vazhdueshme njerëzore, është zhvilluar edhe arsyeja apo kuptimi I pronësisë mbi një send apo të drejtë dhe mënyrat e ndryshme të mbrojtjes së saj në histori. Pronësia është institucion kryesorë I qdo formacioni ekonomiko- shoqëror, dhe qdo rendi juridik, nga ajo derivohen ose në lidhshmëri me tëlind dhe zhvillohen edhe institucionet e tjera juridike dhe shoqërore.Por, jo vetëm studimi I institucioneve juridike por, edhe të qështjeve …

Upending Minority Rule: The Case For Ranked-Choice Voting In West Virginia, Matthew R. Massie

West Virginia Law Review

No abstract provided.

Remedies For Robots, Mark A. Lemley, Bryan Casey

University of Chicago Law Review

What happens when artificially intelligent robots misbehave? The question is not just hypothetical. As robotics and artificial intelligence systems increasingly integrate into our society, they will do bad things. We seek to explore what remedies the law can and should provide once a robot has caused harm.

Remedies are sometimes designed to make plaintiffs whole by restoring them to the condition they would have been in “but for” the wrong. But they can also contain elements of moral judgment, punishment, and deterrence. In other instances, the law may order defendants to do (or stop doing) something unlawful or harmful.

Each …

Fixing The Business Of Food: The Food Industry And The Sdg Challenge, Barilla Center For Food And Nutrition, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab

Columbia Center on Sustainable Investment Staff Publications

In collaboration with the Barilla Center for Food and Nutrition, the UN Sustainable Development Solutions Network, and the Santa Chiara Lab of the University of Siena, CCSI presented its first report on Fixing the Business of Food.

The document, part of a two-year effort, highlights the sustainable development challenge faced by the food industry. By proposing a Four Dimension framework, the report asks four overarching questions for companies in the food sector to address alignment with the SDGs:

1. Does the company contribute to healthy and sustainable dietary patterns through its products and strategy?
2. Are the company’s production processes economically, socially, …

Alienating Citizens, Amanda Frost

Northwestern University Law Review

Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization process is unconstitutional, forcing the government to abandon its aggressive denaturalization campaigns. For the last half century, the government denaturalized no more than a handful of people every year. Over the past year, however, the Trump Administration has revived denaturalization. The Administration has targeted 700,000 naturalized American citizens for investigation and has hired dozens of lawyers and staff members to work in a newly created office devoted to investigating and prosecuting denaturalization cases.

Using information gathered from responses …

Partnership-Related Relatedness: Measuring Partners' Capital Interests And Profits Interests, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman

West Virginia Law Review

No abstract provided.

The Future Cannot Come Soon Enough: How Federal Regulation Of Telepsychiatry Is Necessary To Create Greater Access To Mental Health Services During A Time When Psychiatrists Are In Short Supply, Lisa V. Parciak

West Virginia Law Review

No abstract provided.

A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer

West Virginia Law Review

No abstract provided.

Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie

West Virginia Law Review

No abstract provided.

Bulwark Of Equality: The Jury In America, Nino C. Monea

West Virginia Law Review

Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) …

Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon

Articles

Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so …

Us And Capital Flight, Reuven S. Avi-Yonah

Articles

The recent leaks of the Panama and Paradise Papers have highlighted the difficulty of taxing the income of residents of developed and developing offshore countries. The basic problem is that such income is subject to neither withholding at source nor information reporting. In the absence of both withholding and reporting, it is easy to use tax havens to hide such income from tax authorities. Estimates of the scope of the problem vary widely, but it is certainly larger than the $200 billion in estimated losses from legal corporate tax avoidance.

This article explains the historic roots of this problem, which …

Small Teaching Transactional Skills In The Legal Writing Classroom, Adam N. Eckart

Suffolk University Law School Faculty Works

As law schools are increasingly charged with creating “practice ready” graduates, calls to integrate transactional skills into a historically litigation-focused curriculum continue to amplify. Law schools have made great strides in addressing this need in the 2L and 3L years by offering advanced courses, clinics, and concentrations, but more can be done in the formative first year of law school. In my Legal Practice Skills (“LPS”) course, I utilize the principles of “small teaching” to introduce transactional skills, foster learning, and increase student engagement.

Unconstitutional Emoluments: The Emoluments Clauses Of The North Carolina Constitution, John V. Orth

North Carolina Law Review

No abstract provided.

Victims Under Attack: North Carolina's Flawed Rule 609, Daniel R. Tilly

North Carolina Law Review

No abstract provided.

Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner

West Virginia Law Review

No abstract provided.

September 2019 Newsletter

Ergo

No abstract provided.

Smart Contracts And Consumers, Tatiana Cutts

West Virginia Law Review

“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …

Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose

SMU Law Review Forum

No abstract provided.

Be There In A Tif: What Is Tif And Missouri's Need Of Reform, James Bernskoetter

The Business, Entrepreneurship & Tax Law Review

Tax Increment Financing (“TIF”) is an economic development tool used by local municipalities to lure investment to areas that would not normally receive any. The process starts by having a local municipality or developer propose a redevelopment plan for a particular area. This area must fall into a statutory definition to be eligible for TIF and a “but-for” analysis is required, along with a proposal to a TIF commission. They then will move to approve or disapprove the proposal; if approved, the plan can be implemented for a defined duration. During the implementation, the purpose is for the investment plan …

When The Hot Stove Goes Cold: The Tcja, Baseball Contracts, And Avoiding An Administrative Nightmare, Zachary T. Robinson

The Business, Entrepreneurship & Tax Law Review

In 2017, Congress passed the Tax Cuts and Jobs Act, a sweeping tax reform bill which altered huge swaths of the Internal Revenue Code. Among the numerous changes was an alteration to § 1031 of the Code, which defers taxable gains for taxpayers exchanging property with other taxpayers for similar property; more specifically, the Act limited this section to real property.

Native American Religious Freedom As A Collective Right, Michael D. Mcnally

BYU Law Review

No abstract provided.

End Matter

Hofstra Law Review

No abstract provided.

Trump's Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne Lindgren

Hofstra Law Review

A majority of white women-- fifty-two percent-- voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump's derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare-- poor and working-class women-- vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question and drawn …

Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day

Hofstra Law Review

This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.

After the Introduction …

Is It So Easy A Monkey Can Do It: Joint Works And The Unintended Collaborator, Sabrina J. Salama

Hofstra Law Review

No abstract provided.

Prevention Not Punishment: Child Victims Of Sex Trafficking Must Be Treated Not Detained, Juliana Spano

Hofstra Law Review

No abstract provided.