Law Commons^™

Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck

Scholarly Articles

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …

Law Library Annual Report 2010-2011, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Women’S Work, Stephanie M. Wildman

Gender and Sexuality Studies @ SCU

In 1982, when Lillian Garland, a receptionist at a West Los Angeles branch of California Federal Savings and Loan, took maternity leave to have a baby, she didn’t plan on spending several months away from work. But Garland suffered complications; the doctor delivered her daughter by Caesarean section and prescribed three months’ leave.

When Garland sought to return to work at Cal Fed, the bank told her that her job had been filled; no other positions were available. Garland, a single mother and now unemployed, couldn’t pay the rent on her apartment and was evicted. She agreed to let the …

Influenza Vaccination Of The Healthcare Workforce: Developing A Model State Law, Alexandra M. Stewart, Marisa A Cox

Health Policy and Management Faculty Publications

No abstract provided.

A View From The Front Lines: Why Protecting Immigrant Workers Is Essential For Immigration Reform And Vital To The Maintenance Of A Healthy American Workforce, Andreas N. Akaras, Sebastian G. Amar

Labor & Employment Law Forum

No abstract provided.

Transnational Corporations As Steering Subjects In International Economic Law: Two Competing Visions Of The, Karsten Nowrot

Indiana Journal of Global Legal Studies

Transnational corporations (TNCs) not only occupy an important status as economic actors on the international scene, but they are also political actors who are increasingly involved in the progressive development and enforcement of the regulatory structures of the international economic system. Against this background, this article focuses on the current status and potential future development of TNCs as steering subjects in international economic law (IEL). It evaluates the role played by this category of nonstate actors in two of the central public international law fields of IEL, namely the legal order of the World Trade Organization (WTO) and the international …

Thompson V. Western States Medical Center: An Opportunity Lost, J. S. Falchek, Edward J. Schoen

Rohrer College of Business Departmental Research

No abstract provided.

American Constitutional Law, Otis Stephens

College of Law Faculty Scholarship

No abstract provided.

Baselines Newsletter, No. 8, Summer/Fall 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi

Northern Illinois Law Review Supplement

The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …

Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal

University of Miami National Security & Armed Conflict Law Review

The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States’ failures solely to a shifting array of isolated historical contingencies, from post‐Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration’s recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence. This essay …

Pulling Back The Covers: Saleh V. Titan Corporation And (Near) Blanket Immunity For Military Contractors In War Zones, Ian S. Speir

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Vol. 28, No 3, Andrew Malahowski

The Illinois Public Employee Relations Report

Contents:

Health Care Reform: Implications for Collective Bargaining in the Public Sector, by Andrew Malahowski

Recent Developments

Edelin: The Remaking Of A Headline Abortion Trial, Mary Ziegler

Scholarly Publications

When did we leave the era of headline abortion trials behind us? Conventional historical accounts suggest that high-profile criminal trials were a defining feature of the legal and political landscape before Roe. Although relatively infrequent before Roe, blockbuster trials had tremendous symbolic importance, offering evidence of when abortion would be publicly denounced rather than privately tolerated. Notorious abortion trials fell into several different categories: soap operas involving complex social entanglements and prosecutions of practitioners who were celebrities in their own right.

Roe v. Wade is thought to have put an end to the era of the high-profile abortion trial. In …

Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy

Law Faculty Scholarship

As the Lanham Act approaches the age of 65, it is a good time to take stock of its application to, and place within, the object and purpose of trademark law. Trademark law seeks to promote fair competition by reducing consumer search costs and preventing confusion in the minds of consumers as to the source of goods and services. However, Section 2(a) of the Lanham Act prevents registration of marks that are “immoral,” “scandalous,” “disparaging,” “deceptive,” or which “create a false association” with persons, institutions, beliefs, or national symbols. The 2(a) bar expands trademark law well beyond its basic goals. …

To Lynch A Child: Bullying And Gender Non-Conformity In Our Nation's Schools, Michael J. Higdon

Scholarly Works

“Lynching is a terror that has many forms; there is the lynching of men’s spirits as well as their bodies.” -- Richard Wright

In January 2010, a 9-year old boy named Montana Lance hung himself in a bathroom at the Texas elementary school he attended. Although certainly shocking, such acts are unfortunately becoming less and less unusual. In fact, the suicide of Montana Lance is very reminiscent of what happened in April 2009 when two 11-year-old boys, one in Massachusetts and one in Georgia, likewise committed suicide just days apart. What would cause these children to end their lives? The …

Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores

Brigham Young University Journal of Public Law

No abstract provided.

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles

Brigham Young University Journal of Public Law

No abstract provided.

Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh

Brigham Young University Journal of Public Law

No abstract provided.

Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong

Brigham Young University Journal of Public Law

Text of an address by the Hon. Justice Shen Deyong at the Brigham Young University Law School, October 21, 2009.

Nollan And Dolan: Providing A Roadmap For Adopting A Uniform System To Determine Transportation Impact Fees , Pierson Andrews

Brigham Young University Journal of Public Law

No abstract provided.

Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen

Brigham Young University Journal of Public Law

No abstract provided.

Why More Antitrust Immunity For The Media Is A Bad Idea, Maurice Stucke, Allen Grunes

Scholarly Works

With their financial difficulties, some traditional media firms have called for greater leniency under the federal antitrust laws. The Federal Trade Commission, for example, in recent hearings inquired as to whether antitrust immunity is necessary for newspapers’ collaboration and under what circumstances, if any, antitrust immunity for certain joint conduct could be justified.

Our essay explores why relaxing the federal antitrust laws for traditional media will not help consumers or the marketplace of ideas. We discuss the past problems with antitrust immunity generally and for the media industries specifically. We address the failures of the Newspaper Preservation Act, how deregulation …

Reclaiming ‘People Power’ For The People, Knowledge@Smu

Knowledge@SMU

The recent ‘Arab Spring’ did not only topple some long-time rulers, it also served as a reminder to all that governments, regardless of political systems, draw their strength and authority from its people, says Philippine President Benigno Aquino III. Speaking at SMU’s Ho Rih Hwa Leadership in Asia Public Lecture Series, the premier shares his views on the challenges and promises that come with ‘people power’ revolutions.

Taking Conscience Seriously Or Seriously Taking Conscience?: Obstetricians, Specialty Boards, And The Takings Clause, Michael A. Fragoso

Notre Dame Law Review

The article discusses the legal implications of conscience in obstetricians and healthcare providers. It provides background on controversies related to abortion and conscience in obstetricians. It explains why a decertification by the American Board of Obstetricians and Gynecologists (ABOG) based on noncompliance with the College in Ethics Opinion No. 385 could constitute a regulatory taking. It analyzes whether or not ABOG satisfies the state action doctrine's public function rules.

Proceed At Your Peril: Crowdfunding And The Securities Act Of 1933, Joan Macleod Heminway

Scholarly Works

A promising Web-based funding model for small business firms has emerged over the past few years. Crowdfunding (as this model has come to be known) actually includes a variety of business models, all of which use the Internet to fund business ventures by connecting promoters of businesses or projects needing funding with potential funders. Most of these funders are not professional investors; instead, they are just members of the Internet “crowd” that like the business idea of a particular entrepreneur and want to help him or her out with a nominal amount of funding — even $10.

Some (but not …

New Perspectives On The Waite Court, Michael Les Benedict

Tulsa Law Review

No abstract provided.

Exploitation And Resistance: How Old Problems Change Over Time, Jennifer Hochschild

Tulsa Law Review

No abstract provided.