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Articles 198181 - 198210 of 545824

Full-Text Articles in Law

"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway Jan 2011

"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway

Indiana Journal of Global Legal Studies

The circulation and intersection of supranational rights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the everincreasing interaction of minority groups with international institutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a …

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Ethnographies Of Indigenous Exclusion In Western Mexico, Guillermo De La Peña Jan 2011

Ethnographies Of Indigenous Exclusion In Western Mexico, Guillermo De La Peña

Indiana Journal of Global Legal Studies

In 1992 and 2001, the National Congress of Mexico approved several amendments to the constitution concerning the legal status and rights of indigenous peoples. However, the specific institutional aspects and practical implications of these changes were left to state legislatures, which have responded slowly and unevenly. A particular problem has been the lack of a clear definition of what indigenous political representation means for the different levels of the Mexican government. This article uses ethnographic materials collected in the state of Jalisco to document certain forms of exclusion and violations of citizen rights that relate to voids and ambiguities in …

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Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech Jan 2011

Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech

Indiana Journal of Global Legal Studies

This article suggests that corruption in the Kenyan government is largely an institutional problem, rather than a cultural one. It attributes such corruption to the predominance of arbitrary power, especially in the statutory (as opposed to constitutional) order. The statutory order grants executive, legislative, and judicial actors broad powers without establishing effective procedural mechanisms to circumscribe their exercise. In the absence of effective regulation, law often aids the abuse of power and corruption. Although the new constitution establishes principles and mechanisms that may enhance government accountability, the statutory order must be aligned with the values and principles of this new …

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Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint Jan 2011

Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint

Indiana Journal of Global Legal Studies

This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …

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Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere Jan 2011

Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere

Indiana Journal of Global Legal Studies

Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …

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Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos Jan 2011

Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos

Journal Publications

Many articles have been written focusing on the benefits that the law students receive from participating in a rigorous program of clinical study early on in their careers. However, little focus has been given to the clients who participate in law school clinics. Most of the time these clients are poor and minorities with few, if any, options for legal representation. In general, law student clinical work has been confined to local clients with local issues. Even law schools that handle national issues have clients that are local and the issues that give rise to the national representation occur locally. …

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Preliminary Materials, Georgia State University Law Review Jan 2011

Preliminary Materials, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

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The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucien E. Dervan Jan 2011

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucien E. Dervan

Georgia State University Law Review

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

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Lenity On Me: Lvrc Holdings Llc V. Brekka Points The Way Toward Defining Authorization And Solving The Split Over The Computer Fraud And Abuse Act, Warren Thomas Jan 2011

Lenity On Me: Lvrc Holdings Llc V. Brekka Points The Way Toward Defining Authorization And Solving The Split Over The Computer Fraud And Abuse Act, Warren Thomas

Georgia State University Law Review

According to one recent survey, almost 60% of employees who leave their jobs take company data with them. Indeed, technological advances have made it easier than ever for employees to walk out the door with confidential information: “The digital world is no friend to trade secrets.” Companies’ data loss prevention programs have struggled to keep up with such advances during the current economic downturn. In recent years, employers have increasingly filed lawsuits using the Computer Fraud and Abuse Act (CFAA) to punish employees who absconded with company data and to deter further abuses.

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The Impact Of Cigna V. Amara On Erisa Reimbursement Claims, Roger Baron, Marilyn Trefz Jan 2011

The Impact Of Cigna V. Amara On Erisa Reimbursement Claims, Roger Baron, Marilyn Trefz

Faculty Publications

No abstract provided.

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Consumer Protection And Erisa, Roger Baron Jan 2011

Consumer Protection And Erisa, Roger Baron

Faculty Publications

No abstract provided.

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Themes And Persuasion, Jonathan Van Patten Jan 2011

Themes And Persuasion, Jonathan Van Patten

Faculty Publications

No abstract provided.

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Introduction And Overview, L. Lynn Hogue Jan 2011

Introduction And Overview, L. Lynn Hogue

Georgia State University Law Review

No abstract provided.

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An Unintended Casualty Of The War On Terror, Aya Gruber Jan 2011

An Unintended Casualty Of The War On Terror, Aya Gruber

Georgia State University Law Review

As the dust of the Bush administration’s war on terror settles, casualties are starting to appear on the legal battlefield. The United States’ human rights reputation and the Supreme Court’s international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …

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Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle Jan 2011

Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle

Georgia State University Law Review

The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime or a transnational crime, and if and in what context offenders and offenses, to which we affix the label of terrorist and terrorism, should or can be subject to the limited jurisdiction of the International Criminal Court (ICC) and other international and national criminal tribunals.

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Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden Jan 2011

Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden

Georgia State University Law Review

In June 2009, Israeli forensic science researchers published a ground breaking study that put credence to the possibility of creating artificial Deoxyribonucleic Acid (DNA) that can fool current forensic testing procedures. The researchers asserted that anyone with the proper equipment and basic understanding of molecular biology could create artificial DNA in virtually unending amounts. Furthermore, the research demonstrates that the current American forensic science system utilized by law enforcement is incapable of distinguishing between artificial and genuine DNA.

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The Role Of Public Comment In The Administrative Agency Process: A Case Study Of The Rulemaking Process Of One South Dakota Agency, Patrick Garry, Candice J. Spurlin, Jami Bishop, Logan Hollers, Joseph Boyle Jan 2011

The Role Of Public Comment In The Administrative Agency Process: A Case Study Of The Rulemaking Process Of One South Dakota Agency, Patrick Garry, Candice J. Spurlin, Jami Bishop, Logan Hollers, Joseph Boyle

Faculty Publications

No abstract provided.

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Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman Jan 2011

Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman

Scholarly Publications

In the United States, Congress has traditionally relied, in part, upon citizen participation to control industrial activity and its effects on public welfare. It has also required industry to disclose certain information to the public in order to enable this participation. Early on in the movement toward expanded federal regulation of industry, Congress granted broad standing to individuals in generous “private attorney general” provisions in environmental and business-related statutes. It also required agencies to follow strict notice-and-comment rulemaking procedures, which directed agencies to publicize proposed rules and receive citizen comments. Through statutes such as the Emergency Planning and Community Right-to-Know …

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Amicus Briefs In Indian Law: The Case Of Plains Commerce Bank V. Long Family Land And Cattle Co., Inc., ( Part Ii Of South Dakota Law Review Trilogy), Frank Pommersheim Jan 2011

Amicus Briefs In Indian Law: The Case Of Plains Commerce Bank V. Long Family Land And Cattle Co., Inc., ( Part Ii Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

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Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will Jan 2011

Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will

Journal Articles

Depending on what we mean by “fertilization,” there could be impacts on many reproductive choices including birth control, fertility treatments like in vitro fertilization (IVF), and of course, women’s ability to choose to have an abortion. Certain proponents of Measure 26 suggest that even discussing these implications (other than perhaps abortion) amounts to fear mongering. While primarily focusing on birth control, the goal of this essay is to introduce readers to why the concerns regarding these reproductive choices are very real, and how these concerns are further complicated by the issue of whether, if passed, Measure 26 would be deemed …

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The Tenure Of A Law School Dean: It's Not How Long You Make It - It's How You Make It Long, Jim Rosenblatt Jan 2011

The Tenure Of A Law School Dean: It's Not How Long You Make It - It's How You Make It Long, Jim Rosenblatt

Journal Articles

In May 2003, I attended the New Deans Course in Jackson Hole, Wyoming. This event took place several months before I assumed my responsibilities as the Dean of Mississippi College School of Law in Jackson, Mississippi (“MC Law”). Although some “repeat deans” attended this course, the great majority were serving as deans for the first time. A topic of discussion amongst those deans was the question of how long they planned to serve. Even at this early juncture, some knew that in the not too distant future they would be returning to the faculty to resume teaching. Others took the …

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What We Owe Our Coal Miners, Anne M. Lofaso Jan 2011

What We Owe Our Coal Miners, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

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Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures, James M. Van Nostrand Jan 2011

Legal Issues In Financing Energy Efficiency: Creative Solutions For Funding The Initial Capital Costs Of Investments In Energy Efficiency Measures, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.

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Retroactivity And The Fraud Enforcement And Recovery Act Of 2009, Matthew Titolo Jan 2011

Retroactivity And The Fraud Enforcement And Recovery Act Of 2009, Matthew Titolo

Indiana Law Journal

This Article resolves confusion over the scope of the Fraud Enforcement and Recovery Act (FERA), which amends the False Claims Act (FCA), to clarify that it covers fraud against the taxpayers even where committed by and against other government contractors and subcontractors. I focus on a controversial retroactivity clause applying FERA’s expanded liability language to pre-enactment conduct. Ambiguity has led to inconsistent outcomes: some courts have ruled that FERA’s new language applies to pre-enactment conduct while others have reached the opposite result. Much of practical consequence rides on how we resolve this ambiguity—the Department of Justice is currently investigating over …

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In Defense Of Public-Sector Unions, Anne Marie Lofaso Jan 2011

In Defense Of Public-Sector Unions, Anne Marie Lofaso

Hofstra Labor & Employment Law Journal

The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …

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Law, Economics, And Society, Lawrence M. Friedman Jan 2011

Law, Economics, And Society, Lawrence M. Friedman

Hofstra Law Review

No abstract provided.

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The Constitutional Politics Of Presidential Succession, Richard Albert Jan 2011

The Constitutional Politics Of Presidential Succession, Richard Albert

Hofstra Law Review

The current line of presidential succession is no safer than playing presidential roulette. It imprudently privileges politics and tradition over competence and leadership. We should rethink the rules that currently govern succession to the Presidency – legal and constitutional rules that, in my view, serve the wrong institutional and political interests. The task I have given myself in these pages is to propose and defend an alternative to the current presidential succession regime: revising the order of succession to insert former living presidents – in reverse chronological order of service beginning with former presidents of the same party as the …

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What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger Jan 2011

What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger

Hofstra Law Review

No abstract provided.

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Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier Jan 2011

Grooming Dogs For The Educational Setting: The "Ideia" Behind Service Dogs In The Public Schools, Sarah Allison L. Wieselthier

Hofstra Law Review

No abstract provided.

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Front Matter Hlr 39(4) Jan 2011

Front Matter Hlr 39(4)

Hofstra Law Review

No abstract provided.

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