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Articles 196831 - 196860 of 544813
Full-Text Articles in Law
South-South Trade And Investment: The Good, The Bad And The Ugly-African Perspectives, Uché U. Ewelukwa
South-South Trade And Investment: The Good, The Bad And The Ugly-African Perspectives, Uché U. Ewelukwa
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Towards A New Jus Post Bellum: The United Nations Peacebuilding Commission And The Improvement Of Post-Conflict Efforts And Accountability, Liliana Lyra Jubilut
Towards A New Jus Post Bellum: The United Nations Peacebuilding Commission And The Improvement Of Post-Conflict Efforts And Accountability, Liliana Lyra Jubilut
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Red Banking: Chinese State-Owned Commercial Bank Reform And The Basel Ii Accord, Christopher D. Luehr
Red Banking: Chinese State-Owned Commercial Bank Reform And The Basel Ii Accord, Christopher D. Luehr
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Reconciling The Right To Food And Trade Liberalization: Developing Country Opportunities, Lily Endean Nierenberg
Reconciling The Right To Food And Trade Liberalization: Developing Country Opportunities, Lily Endean Nierenberg
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Ill-Gotten Gains: The Case For International Corporate Criminal Liability, Jordan Sundell
Ill-Gotten Gains: The Case For International Corporate Criminal Liability, Jordan Sundell
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Indigenous Reparations Re-Imagined: Crafting A Settlement Mechanism For Indigenous Claims In The Inter-American Court Of Human Rights, Sean Burke
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Presbyterian Church Of Sudan V. Talisman Energy, Inc.: Aiding And Abetting Liability Under The Alien Tort Statute, James Morrissey
Presbyterian Church Of Sudan V. Talisman Energy, Inc.: Aiding And Abetting Liability Under The Alien Tort Statute, James Morrissey
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Professor Hudec And The Appellate Body, Ricardo Ramirez
Professor Hudec And The Appellate Body, Ricardo Ramirez
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
The Evidence For Constitutionalization Of The Wto: Revisiting The Telmex Report, Theodore Kill
The Evidence For Constitutionalization Of The Wto: Revisiting The Telmex Report, Theodore Kill
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Updating The International Monetary System To Respond To Current Global Challenges: Can It Happen Within The Existing Legal Framework?, Aldo Caliari
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
Given the extremely limited source of resources available to the IRS in recent years, it's not surprising that it is exploring all sorts of avenues to increase its efficiency, particularly relying on corporate taxpayers to self report questionable tax positions. Under the banner of "corporate governance" and "transparency," the Service issued a series of proposals in 2010 requiring disclosure of uncertain tax positions ("UTPs") by corporate taxpayers. The Service essentially piggybacked on the recently imposed 2006 audit requirements that reserves be posted for contingent tax liabilities (i.e., tax positions that could later not be sustained, and therefore had to be …
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …
Good Medicine/Bad Medicine And The Law Of Evidence: Is There A Role For Proof Of Character, Propensity, Or Prior Bad Conduct In Medical Negligence Litigation?, 63 S.C. L. Rev. 367 (2011), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard
Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine's important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting "in good faith" or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Housing And Schools On The University Lrt Corridor, Institute On Metropolitan Opportunity
Housing And Schools On The University Lrt Corridor, Institute On Metropolitan Opportunity
Studies
This Powerpoint presentation shows socio-economic characteristics of the University Avenue light-rail corridor in Minneapolis and St. Paul.
So Much To Rewrite, So Little Time...., Sanford Levinson
So Much To Rewrite, So Little Time...., Sanford Levinson
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Seana Shiffrin's Thinker-Based Freedom Of Speech: A Response, Seana Valentine Shiffrin
Seana Shiffrin's Thinker-Based Freedom Of Speech: A Response, Seana Valentine Shiffrin
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Reply To Critics, Seana Valentine Shiffrin
Reply To Critics, Seana Valentine Shiffrin
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox
Articles
Property Assessed Clean Energy (“PACE”) is a method of public financing for energy improvements through special assessments on local government property taxes. Interest in PACE exploded from its origination in 2008, with almost half the states rapidly enacted legislation enabling local governments to use their property collection power for this purpose. The growth in PACE is now suspended, and existing programs have been put on hold, in the face of opposition from the federal secondary mortgage market regulators. Governments and environmental advocates supporting PACE have initiated litigation against the federal regulators and are seeking passage of federal legislation to revive …
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Articles
This Article empirically debunks the common claim that homeowners insurance policies do not vary across different insurance carriers. It demonstrates that different carriers' homeowners policies differ radically with respect to numerous important coverage provisions. It also reports that a substantial majority of these deviations produce decreases in the amount of coverage relative to the presumptive industry standard, though some deviations increase coverage. Additionally, the Article describes the surprising absence of any mechanisms by which even informed and vigilant consumers could comparison shop among carriers on the basis of differences in coverage. It closes by reviewing various regulatory and judicial options …
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Articles
This Article argues that federal health care reform may induce employers to redesign their health plans so that low-risk employees retain employer-sponsored insurance (“ESI”) but high-risk employees opt out of ESI in favor of insurance available on the individual market. It shows that such a strategy would shift health care expenses for high-risk employees from employers and their low-risk employees to the public at large. Not only would this undermine the spirit of health care reform, but it would jeopardize the sustainability of the insurance exchanges that are designed to organize individual insurance markets starting in 2014. In particular, it …
What If Daniel Ellsberg Hadn't Bothered?, Heidi Kitrosser
What If Daniel Ellsberg Hadn't Bothered?, Heidi Kitrosser
Articles
This article was written for the Indiana Law Review’s 2011 annual symposium entitled, “What If? Counterfactuals in Constitutional History.” As the article’s title suggests, it considers the impact of Daniel Ellsberg’s decision to leak the Pentagon Papers to the New York Times. The article takes some liberty with the topic of constitutional counterfactuals. Despite its author’s vast enjoyment of several classic movies and television episodes featuring parallel worlds, the article does not build a counterfactual universe in which Daniel Ellsberg never leaked the Pentagon Papers. It hints at such a world indirectly, however, by considering the difference that Ellsberg’s leak …
Constitutional Spaces, Allan Erbsen
Constitutional Spaces, Allan Erbsen
Articles
This Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators have not analyzed these references collectively. This Article fills that gap in the literature by examining each of the fourteen spaces that the Constitution identifies, as well as several that it overlooks, to reveal patterns in the text’s treatment of space and location. Among the spaces that the Article considers …