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Articles 199381 - 199410 of 546107

Full-Text Articles in Law

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry Jan 2011

When Regulation Becomes Personal: Asserting Retaliatory Enforcement Claims Against Regulatory Agencies, Mark Brian Skerry

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Speeches: The Cicl Lecture On International And Comparative Law, Mortimer N.S. Sellers Jan 2011

Speeches: The Cicl Lecture On International And Comparative Law, Mortimer N.S. Sellers

University of Baltimore Law Review

No abstract provided.


Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz Jan 2011

Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 40 Number 4 (Summer 2011) Front Matter Jan 2011

University Of Baltimore Law Review Volume 40 Number 4 (Summer 2011) Front Matter

University of Baltimore Law Review

No abstract provided.


Introduction To The 2010 Amateur Sports Symposium, Dionne L. Koller Jan 2011

Introduction To The 2010 Amateur Sports Symposium, Dionne L. Koller

University of Baltimore Law Review

No abstract provided.


Symposium: Uneven Bars: Age Rules, Antitrust, And Amateurism In Women's Gymnastics, Ryan M. Rodenberg, Andrea N. Eagleman Jan 2011

Symposium: Uneven Bars: Age Rules, Antitrust, And Amateurism In Women's Gymnastics, Ryan M. Rodenberg, Andrea N. Eagleman

University of Baltimore Law Review

No abstract provided.


Justice Scalia For The Defense?, Joanmarie Ilaria Davoli Jan 2011

Justice Scalia For The Defense?, Joanmarie Ilaria Davoli

University of Baltimore Law Review

No abstract provided.


Comments: Naturally Shed Dna: The Fourth Amendment Implications In The Trail Of Intimate Information We All Cannot Help But Leave Behind, Mike Silvestri Jan 2011

Comments: Naturally Shed Dna: The Fourth Amendment Implications In The Trail Of Intimate Information We All Cannot Help But Leave Behind, Mike Silvestri

University of Baltimore Law Review

No abstract provided.


Parenting By The Clock: The Best-Interest-Of-The-Child Standard, Judicial Discretion, And The American Law Institute's "Approximation Rule", Richard A. Warshak Jan 2011

Parenting By The Clock: The Best-Interest-Of-The-Child Standard, Judicial Discretion, And The American Law Institute's "Approximation Rule", Richard A. Warshak

University of Baltimore Law Review

No abstract provided.


Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr. Jan 2011

Comments: A "Familiar" Standard Of Care: What The Same Or Similar Communities Standard Could Mean For Maryland, John M. Williams Jr.

University of Baltimore Law Review

No abstract provided.


Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid Jan 2011

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …


Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele Jan 2011

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Copyright As Property In The Post-Industrial Economy: A Research Agenda, Julie E. Cohen Jan 2011

Copyright As Property In The Post-Industrial Economy: A Research Agenda, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The incentives-for-authors formulation of copyright’s purpose is so deeply ingrained in our discourse and our thought processes that it is astonishingly hard to avoid invoking, even when one is consciously trying not to do so. Yet avoiding that formulation is exactly what we ought to be doing. Everything we know about creativity and creative processes suggests that copyright plays very little role in motivating creative work. In the contemporary information society, the purpose of copyright is to enable the provision of capital and organization so that creative work may be exploited. And the choice of copyright as a principal means …


Research At Your Own Risk: Free Online Statutory Codes Are Widely Available But Are They Good Enough To Meet Users' Needs?, Paul Hellyer Jan 2011

Research At Your Own Risk: Free Online Statutory Codes Are Widely Available But Are They Good Enough To Meet Users' Needs?, Paul Hellyer

Library Staff Publications

No abstract provided.


Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier Jan 2011

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dianne Pothier Collection

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …


The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes Jan 2011

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes

LLM Theses

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …


Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French Jan 2011

Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French

LLM Theses

In recent years, there has been an increase in the number of minors included in a broad range of medical research studies. To date, however, little attention appears to have been paid to how the role of minors in the consent process leading to participation in these studies should be defined. This thesis reviews the legal and ethical instruments and principles that define the role of mature minors in the medical research consent process in Canada at present. The thesis goes on to recommend a framework that should be added to the Tri-Council Policy Statement whereby all minors undergo a …


Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau Jan 2011

Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau

LLM Theses

The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …


The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French Jan 2011

The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French

Sociology and Anthropology Faculty Publications

This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …


The Why In Diy Book Scanning, Daniel Reetz Jan 2011

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.


People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi Jan 2011

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.


Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe Jan 2011

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Consulting The Architect When Problems Arise – The Divine Law, Brian Mccall Jan 2011

Consulting The Architect When Problems Arise – The Divine Law, Brian Mccall

Faculty Articles

In The Architecture of Law: Building Law on a Solid Foundation- The Eternal and Natural Law, I began laying the foundation for a particular form of legal architecture. Taking inspiration from St. Thomas Aquinas’ description of God as the artificer or architect, I argued that the Law is a multi storied edifice comprised of different types of law. I explored the nature of the foundational law, the Eternal Law and its relationship to justice. I considered how the frame of Natural Law is erected upon or participates in the foundation of Eternal Law. Finally, I discussed some of the most …


Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson Jan 2011

Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson

Faculty Articles

No abstract provided.


Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson Jan 2011

Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson

Faculty Articles

No abstract provided.


The Wonderful World Of Disney Visas, Kit Johnson Jan 2011

The Wonderful World Of Disney Visas, Kit Johnson

Faculty Articles

International workers play an important role in perpetuating the carefully crafted fantasy that to visit the Walt Disney World Resort in Orlando, Florida is to be transported to far-off destinations around the globe. This Article examines how Disney has filled its need for these workers in two ways. For one, Disney has used a blend of chutzpah and ingenuity to forge new federal law establishing the Q visa. Additionally, Disney has dexterously used the existing J visa, along with an on-resort academic program, to bring international workers to Florida as students. An examination of Disney’s immigration practices offers insight into …


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein Jan 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein Jan 2011

The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein

Law Faculty Scholarship

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the people …


Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2 Jan 2011

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 17, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Annotated Legal Bibliography On Gender Jan 2011

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.