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Full-Text Articles in Law

Studying The Death Penalty In Tennessee, Dwight Aarons Jun 2007

Studying The Death Penalty In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.


Trade, Competition And The Wto : An Assessment From A Developing Country Perspective, Waleed M Shoukry Jun 2007

Trade, Competition And The Wto : An Assessment From A Developing Country Perspective, Waleed M Shoukry

Archived Theses and Dissertations

No abstract provided.


Successor Liability In Tennessee, George Kuney May 2007

Successor Liability In Tennessee, George Kuney

Scholarly Works

No abstract provided.


Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii May 2007

Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii

Duke Journal of Gender Law & Policy

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.


Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane May 2007

Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane

Duke Journal of Gender Law & Policy

Some of those who served did so by disguising themselves as men.6 A number of women had served as spies, as was the case of Rose O'Neal Greenhow, who was arrested and imprisoned for supplying the Confederate Army with information, and Pauline Cushman, who was sentenced to be executed as a Union spy during the War Between the States.7 The first woman to receive the Congressional Medal of Honor, Dr. Mary Walker, provided her services as a doctor free of charge to Union forces in Virginia and Tennessee.8 She had asked the Union Army to hire her as a doctor, …


Mid-Atlantic Ethics Committee Newsletter, Spring 2007 Apr 2007

Mid-Atlantic Ethics Committee Newsletter, Spring 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Wall Falls, Bruce Ledewitz Apr 2007

The Wall Falls, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Toward A More Efficient Bankruptcy Law: Mortgage Financing Under The 2005 Bankruptcy Amendments, Thomas E. Plank Apr 2007

Toward A More Efficient Bankruptcy Law: Mortgage Financing Under The 2005 Bankruptcy Amendments, Thomas E. Plank

Scholarly Works

No abstract provided.


[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long Apr 2007

[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long

Scholarly Works

Legal writers frequently utilize the lyrics of popular music artists to help advance a particular theme or argument in legal writing. And if the music we listen to says something about us as individuals, then the music we, the legal profession as a whole, write about may something about who we are as a profession. A study of citations to popular artists in law journals reveals that, not surprisingly, Bob Dylan is the most popular artist in legal scholarship. The list of names of the other artists rounding out the Top Ten essentially reads like a Who's Who of baby …


Successor Liability In Vermont, George Kuney Apr 2007

Successor Liability In Vermont, George Kuney

Scholarly Works

No abstract provided.


State Sovereignty In Bankruptcy After Katz, Thomas E. Plank Apr 2007

State Sovereignty In Bankruptcy After Katz, Thomas E. Plank

Scholarly Works

No abstract provided.


News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli Apr 2007

News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli

Faculty Scholarship

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.


Family Structure, Children, And Law, Vivian E. Hamilton Apr 2007

Family Structure, Children, And Law, Vivian E. Hamilton

Faculty Publications

No abstract provided.


A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum Apr 2007

A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum

Dalhousie Law Journal

Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …


Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard Feb 2007

Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard

Archived Theses and Dissertations

This thesis asks whether Amartya Sen's idea of "development as freedom" is inconsistent with certain theoretical insights of American legal realism. Specifically, it examines whether Sen's apparent optimism with respect to free markets is undermined by Robert Hale's arguments about the ubiquity of coercion in economic relations and law's implication in the distribution of resources and power in society. It also asks whether taking the expansion of "freedom" as the object of development ignores the Hohfeldian insight that designing particular legal rules is a legislative act that creates winners and losers and is the site of political struggle and conflicting …


The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center Jan 2007

The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The scheduling of work hours is important to employers and employees alike. Employers must ensure sufficient staffing to meet workload demands; employees must balance work with other aspects of their lives. Over the past several years, the tendency to view these needs as mutually exclusive has slowly given way to increased discussion of and experimentation with flexible work arrangements as an effective way to balance work-life demands. While these workplace flexibility initiatives take many forms, the majority of them require collaboration between employers and employees regarding work hours and conditions.


The Nova Southeastern Lawyer, Winter 2007, Volume 12, Number 9, Nova Southeastern University - Shepard Broad Law Center Jan 2007

The Nova Southeastern Lawyer, Winter 2007, Volume 12, Number 9, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber Jan 2007

Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber

Faculty Scholarship

“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …


"He Said," "She Said," And Issues Of Life And Death: The Right To Confrontation At Capital Sentencing Proceedings, Penny White Jan 2007

"He Said," "She Said," And Issues Of Life And Death: The Right To Confrontation At Capital Sentencing Proceedings, Penny White

Scholarly Works

No abstract provided.


Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program) Jan 2007

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

7 p. : col. ill., maps


Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program) Jan 2007

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.


Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow Jan 2007

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …


Assignment Of Receivables Under Article 9: Structural Incoherence And Wasteful Filing, Thomas E. Plank Jan 2007

Assignment Of Receivables Under Article 9: Structural Incoherence And Wasteful Filing, Thomas E. Plank

Scholarly Works

No abstract provided.


Sexual Abuse And Exploitation Of Women And Girls By U.N. Peacekeeping Troops, Valorie K. Vojdik Jan 2007

Sexual Abuse And Exploitation Of Women And Girls By U.N. Peacekeeping Troops, Valorie K. Vojdik

Scholarly Works

No abstract provided.


Eliminating Conflicting Interpretations Of The European Convention On Human Rights By The European Court Of Justice And The European Court Of Human Rights: The Pdiq System As A Preventative Solution, Adam D.J. Balfour Jan 2007

Eliminating Conflicting Interpretations Of The European Convention On Human Rights By The European Court Of Justice And The European Court Of Human Rights: The Pdiq System As A Preventative Solution, Adam D.J. Balfour

Intercultural Human Rights Law Review

This article is divided into two parts. The discussion in part one focuses on the current application of the Convention by the ECJ, including the Convention's legal status in the EU legal order when it is applied by the ECJ. Following this, the discussion turns to address the problems associated with the current informal relationship of the two Courts and the current application of the ECHR by the ECJ; namely diverging interpretations of the Convention. In building upon the first part of this paper, the second section provides a critical analysis of the potential solutions to addressing the inadequate protection …


The Western Shoshone Struggle: Opening Doors For Indigenous Rights, Julie Ann Fishel Jan 2007

The Western Shoshone Struggle: Opening Doors For Indigenous Rights, Julie Ann Fishel

Intercultural Human Rights Law Review

By a review of the recent Western Shoshone success at the United Nations, this paper focuses on the present-day circumstances of the Western Shoshone and the ongoing impairment of Indigenous rights caused by U.S. laws and policies. This article will walk the reader through the international process used by the Western Shoshone petitioners and provide thoughts on how to build on that success and move towards full recognition, respect for and implementation of Indigenous Peoples' human rights.


The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher Jan 2007

The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher

Intercultural Human Rights Law Review

Indian tribes have long governed themselves in a manner that developed far different than the Anglo-American legal system. Many indigenous cultures relied upon an oral tradition, inextricably intertwined with their languages, to make the ways of their people known. In these cultures, social mores tied to the geographies of traditional territories developed to ensure a form of law and order, and social control existed sufficient to maintain the societies. Many indigenous cultures had written laws as well. These rules survived after contact with the European nations and survive today in modified form. As indigenous societies reacted, changed, and sometimes all …


Enforcing Wildlife Protection In China, Peter J. Li Jan 2007

Enforcing Wildlife Protection In China, Peter J. Li

Animal Welfare Collection

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …