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Articles 321571 - 321600 of 546106
Full-Text Articles in Law
Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs
Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs
Washington International Law Journal
Since the late 19th century, Japan has enacted a series of measures to protect its cultural heritage, most importantly the 1950 Law for the Protection of Cultural Properties. With subsequent amendments, the law today provides for the protection of both individual and groups of historical structures, landscapes, traditional crafts and skills, as well as national treasures. While these laws have saved many of the nation's foremost cultural resources, a substantial number of important historic structures, especially from the Meiji Period (1868) onward, have fallen through this legal safety net. This Article summarizes the evolution of Japan's cultural properties protection legislation, …
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Washington International Law Journal
The discussions about urban growth boundaries in the United States have paid little attention to Korea's Greenbelt policy. Established in 1971, Seoul's massive Greenbelt has been rigidly maintained, although there have been some minor exceptions over the years. The liberalization of the Korean economy and the democratization of Korean society have been accompanied by deregulation in many spheres. However, land use planning remains tightly constrained, and there has only been minimal relaxation of the land laws; in fact, on balance they have become tougher. Some scholars have begun to question whether the Greenbelt might have restricted economic growth in Korea …
The Multilateral Agreement On Investment, Stephen J. Canner
The Multilateral Agreement On Investment, Stephen J. Canner
Cornell International Law Journal
No abstract provided.
Regulatory Takings, Supernational Treatment, And The Multilateral Agreement On Investment: Issues Raised By Nongovernmental Organizations, Edward M. Graham
Regulatory Takings, Supernational Treatment, And The Multilateral Agreement On Investment: Issues Raised By Nongovernmental Organizations, Edward M. Graham
Cornell International Law Journal
No abstract provided.
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
Washington International Law Journal
This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Washington International Law Journal
In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence …
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Washington International Law Journal
As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.
An Overview Of Washington's Growth Management Act, Eric S. Laschever
An Overview Of Washington's Growth Management Act, Eric S. Laschever
Washington International Law Journal
Beginning in the 1970s, a number of states began adopting state wide growth management statutes. In response to increasing population pressures, Washington State enacted its Growth Management Act ("GMA") in 1990. This article examines the GMA's requirements for comprehensive plans, its enforcement and appeals provisions, and the relationship of the GMA to other Washington State laws, including the State Environmental Policy Act and the Shoreline Management Act. The GMA has significantly changed the land use planning process in Washington, and its effects can already be seen in wide spread protection of critical areas, the designation of urban growth policies, and …
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Washington International Law Journal
The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …
The Many Faces Of Judicial Independence, Alex Kozinski
The Many Faces Of Judicial Independence, Alex Kozinski
Georgia State University Law Review
No abstract provided.
Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia
Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia
Georgia State University Law Review
No abstract provided.
Duking It Out: Beating The Complete Preemption Of Erisa Under Dukes V. U.S. Healthcare, Inc., Natalie Zellner
Duking It Out: Beating The Complete Preemption Of Erisa Under Dukes V. U.S. Healthcare, Inc., Natalie Zellner
Georgia State University Law Review
No abstract provided.
Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez
University of Miami Inter-American Law Review
No abstract provided.
Does Gideon Still Make A Difference, Thomas F. Liotti
Does Gideon Still Make A Difference, Thomas F. Liotti
City University of New York Law Review
No abstract provided.
Employment Protection And Domestic Violence: Addressing Abuse In The Labor Grievance Process, Jennifer Atterbury
Employment Protection And Domestic Violence: Addressing Abuse In The Labor Grievance Process, Jennifer Atterbury
Journal of Dispute Resolution
The effects of domestic violence are not limited to the home environment. Its effects are felt in employment when abused employees are absent from work and when violent incidents erupt in the workplace. For example, a bruised employee might be too injured and embarrassed to attend work, or an estranged spouse might stalk and harass a victim on the job. Another issue arises in that employers often discipline victims of domestic violence for absenteeism and incidents of violence that occur in the workplace. Discipline of union members is governed by collective bargaining agreements and subject to the labor grievance process. …
Utilitarian Analysis Of The Objectives Of Criminal Plea Negotiation And Negotiation Strategy Choice, Joseph W. Vanover
Utilitarian Analysis Of The Objectives Of Criminal Plea Negotiation And Negotiation Strategy Choice, Joseph W. Vanover
Journal of Dispute Resolution
This article examines the repercussions of choosing a negotiating style for the present criminal case on the actions of opposing counsel in future cases. It scrutinizes the criminal plea negotiating process from the perspective of both a prosecuting attorney and a defense attorney. It analyzes this process using two philosophical theories: act utilitarianism and rule utilitarianism.
Is Alternative Dispute Resolution A Possibility In The Riverboat Gambling Quagmire - Akin V. Missouri Gaming Commission, Matthew Potter
Is Alternative Dispute Resolution A Possibility In The Riverboat Gambling Quagmire - Akin V. Missouri Gaming Commission, Matthew Potter
Journal of Dispute Resolution
During the 1990s, the emergence of riverboat gambling operations has led to an avalanche of social and political debates.' Since 1989, riverboat gaming has been electorally approved in several midwestern states, including Iowa, Illinois, Indiana, Mississippi, Missouri, and Louisiana.4 However, this voter acceptance of a formerly stigmatized industry has not come without a significant backlash. In particular, religious groups have denounced riverboat gambling, claiming that such activity inevitably leads to, inter alia, dissipated savings, chronic addictions, and other ancillary societal vices, including prostitution, alcoholism, and drug abuse.'
Broad Ownership Of The Public Schools: An Analysis Of The T-Formation Process Model For Achieving Educational Adequacy And Its Implications For Contemporary School Reform Efforts, Tomiko Brown-Nagin
Broad Ownership Of The Public Schools: An Analysis Of The T-Formation Process Model For Achieving Educational Adequacy And Its Implications For Contemporary School Reform Efforts, Tomiko Brown-Nagin
The Journal of Law and Education
No abstract provided.
Students As Victims Of Sexual Harassment: The Evolving Law, Martha M. Mccarthy
Students As Victims Of Sexual Harassment: The Evolving Law, Martha M. Mccarthy
The Journal of Law and Education
No abstract provided.
Education Law Texts Usage: Survey Results, Kathleen A. Sullivan, Perry A. Zirkel
Education Law Texts Usage: Survey Results, Kathleen A. Sullivan, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Introduction: Lemon - Aid Or Sour Grapes, Perry A. Zirkel
Introduction: Lemon - Aid Or Sour Grapes, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Trojan Ponies: Undermining The Establishment Clause In The Name Of Child Benefit Theory, Lisa H. Thurau-Gray
Trojan Ponies: Undermining The Establishment Clause In The Name Of Child Benefit Theory, Lisa H. Thurau-Gray
The Journal of Law and Education
No abstract provided.
Recent Developments In The Law - Universities And Other Institutions Of Higher Learning
Recent Developments In The Law - Universities And Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
First Amendment Rights: May A School Ban Religious Symbols That Are Arguably Gang-Related, Renah R. Holmes
First Amendment Rights: May A School Ban Religious Symbols That Are Arguably Gang-Related, Renah R. Holmes
The Journal of Law and Education
No abstract provided.
Funding Public Education: The Constitutionality Of Relying On Local Property Taxes, Jim Fenwick
Funding Public Education: The Constitutionality Of Relying On Local Property Taxes, Jim Fenwick
The Journal of Law and Education
No abstract provided.
Keynote Address, Jeffrey Lang
Towards A Multilateral Agreement On Investment, Rainer Geiger
Towards A Multilateral Agreement On Investment, Rainer Geiger
Cornell International Law Journal
No abstract provided.