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Articles 195661 - 195690 of 545058
Full-Text Articles in Law
On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton
On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton
Articles
Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …
Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt
Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt
Articles
No abstract provided.
The Political Path Of Detention Policy, Aziz Huq
Rhetoric And Reality In Early American Legal History: A Reply To Gordon Wood, Alison Lacroix
Rhetoric And Reality In Early American Legal History: A Reply To Gordon Wood, Alison Lacroix
Articles
No abstract provided.
What If Madison Had Won? Imagining A Constitutional World Of Legislative Supremacy, Alison Lacroix
What If Madison Had Won? Imagining A Constitutional World Of Legislative Supremacy, Alison Lacroix
Articles
No abstract provided.
Normative Foundations For Reasonable Expectations Of Privacy, Hamish Stewart
Normative Foundations For Reasonable Expectations Of Privacy, Hamish Stewart
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The right to be “secure against unreasonable search or seizure” in section 8 of the Canadian Charter of Rights and Freedoms applies only where the Charter applicant has a reasonable expectation of privacy in the place searched or the information obtained. The Supreme Court of Canada’s methodology for deciding whether an applicant has such a reasonable expectation appears well settled. The Court asks first whether the applicant had a subjective expectation of privacy, and second whether, in light of a long list of factors, that expectation was reasonable. But the Court’s decisions reveal at least two potentially incompatible ways of …
Case: United States – Measures Affecting Imports Of Certain Passenger Vehicle And Light Truck Tyres From China, Kyle R. Smith
Case: United States – Measures Affecting Imports Of Certain Passenger Vehicle And Light Truck Tyres From China, Kyle R. Smith
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Culture Wars: Protection Of Cultural Monuments In A Human Rights Context, Kruti J. Patel
Culture Wars: Protection Of Cultural Monuments In A Human Rights Context, Kruti J. Patel
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Recent Developments: Stringfellow V. State: Voir Dire Question Asking Potential Jurors Whether They Would Require Scientific Evidence In Order To Find The Defendant Guilty Beyond A Reasonable Doubt Deprived The Defendant Of A Fair And Impartial Jury; Sufficient Evidence Of Handgun Possession Existed To Support The Convictions, Jennifer M. Williams
University of Baltimore Law Forum
No abstract provided.
"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan
Faculty Scholarship
Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.
Teaching Admiralty Popularly, Robert M. Jarvis
Teaching Admiralty Popularly, Robert M. Jarvis
Faculty Scholarship
Robert Jarvis, Teaching Admiralty Popularly, 55 Saint Louis University Law Journal 541 (2011).
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara
Faculty Scholarship
Kathy Cerminara, Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, 12 Marquette University Elder's Advisor 295 (2011). Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died early this year after a prolonged court fight, causing the international press to compare her case to that of Theresa Marie Schiavo, who passed away in 2005 in Florida after nearly sparking constitutional crises on both state and federal levels. In many respects, the facts of Ms. Englaro’s case are similar to Schiavo, but a close analysis …
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Faculty Scholarship
No abstract provided.
Recent Developments Concerning Preferred Stockholder Rights Under Delaware Law, Marilyn Blumberg Cane, Joong-Sik Choi, Scott B. Gitterman
Recent Developments Concerning Preferred Stockholder Rights Under Delaware Law, Marilyn Blumberg Cane, Joong-Sik Choi, Scott B. Gitterman
Faculty Scholarship
This is a timely article focusing on the conflicting duties owed to preferred and common stockholders. Delaware is the leading corporate law jurisdiction in the United States. Preferred stock is a key component in angel and venture capital transactions. Historically the Delaware courts have accepted as a general principle the proposition that since the preferred rights are contractual in nature, they must be expressly defined in the preferred stock contract in order for the preferred to successfully assert those rights. Accordingly, the directors owe correlative duties to the preferred to the extent that the rights are articulated in the contract. …
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
Faculty Scholarship
“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …
2010-2011 Survey Of Florida Law Affecting Business Owners, Barbara Landau
2010-2011 Survey Of Florida Law Affecting Business Owners, Barbara Landau
Nova Law Review
No abstract provided.
Foreward To Articles On Currency Manipulation
Foreward To Articles On Currency Manipulation
Journal of International Business and Law
No abstract provided.
Raising The Blinds: Effects Of The Dodd-Frank Act's Risk-Retention Requirement On International Firms Seeking Financing Through U.S. Markets, Shiv Vydyula
Journal of International Business and Law
No abstract provided.
Seven Pillars Of Small War Power, Randy Borum
Seven Pillars Of Small War Power, Randy Borum
Mental Health Law & Policy Faculty Publications
No abstract provided.
Online Small Claim Dispute Resolution Developments-Progress On A Soft Law For Cross-Border Consumer Sales, Colin Rule, Louis F. Del Duca, Daniel Nagel
Online Small Claim Dispute Resolution Developments-Progress On A Soft Law For Cross-Border Consumer Sales, Colin Rule, Louis F. Del Duca, Daniel Nagel
Penn State International Law Review (1982 - 2011)
No abstract provided.
Incoterms 2010, Jan Ramberg
Incoterms 2010, Jan Ramberg
Penn State International Law Review (1982 - 2011)
No abstract provided.
Rethinking The Usefulness Of Mandatory Rights Of Withdrawal In Consumer Contract Law: The Right To Change Your Mind?, Jan Smits
Penn State International Law Review (1982 - 2011)
No abstract provided.
Financing Insolvency Restructurings In The Wake Of The Financial Crisis: Stalking Horses, Rogue White Knights And Circling Vultures, Janis Sarra
Penn State International Law Review (1982 - 2011)
No abstract provided.
Statutory Rules, Common Law Rules And Public Policy In The Global Financial Crisis, Sarah Worthington, Grainne Mellon
Statutory Rules, Common Law Rules And Public Policy In The Global Financial Crisis, Sarah Worthington, Grainne Mellon
Penn State International Law Review (1982 - 2011)
No abstract provided.
Cent. Neb. Pub. Power & Irrigation Dist. V. N. Platte Natural Res. Dist., 788 N.W.2d 252 (Neb. 2010), Amanda Becker
Cent. Neb. Pub. Power & Irrigation Dist. V. N. Platte Natural Res. Dist., 788 N.W.2d 252 (Neb. 2010), Amanda Becker
Water Law Review
No abstract provided.
Striking A Balance Between Human Rights And Peace And Stability: A Review Of The European Court Of Human Rights Decision Sejdi´C And Finci V. Bosnia And Herzegovina, Céline Tran
Human Rights Brief
No abstract provided.
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Human Rights Brief
No abstract provided.
Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman
Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman
Human Rights Brief
No abstract provided.
Concluding Remarks, Mark Thomson, Claudio Grossman
Concluding Remarks, Mark Thomson, Claudio Grossman
Human Rights Brief
No abstract provided.
Transitional Justice In Burma: A Survey Of Accountability And National Reconciliation Mechanisms After Aung San Suu Kyi’S Release, Ari M. Levin
Human Rights Brief
No abstract provided.