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Articles 322531 - 322560 of 545933
Full-Text Articles in Law
Foreword, Pamela B. Gann
Foreword, Pamela B. Gann
Duke Journal of Comparative & International Law
No abstract provided.
Securitization In Japan, Hideki Kanda
Securitization In Japan, Hideki Kanda
Duke Journal of Comparative & International Law
No abstract provided.
An International Legal Regime For Receivables Financing: Uncitral’S Contribution, Spiros V. Bazinas
An International Legal Regime For Receivables Financing: Uncitral’S Contribution, Spiros V. Bazinas
Duke Journal of Comparative & International Law
No abstract provided.
Your Place Or Mine: The Enforceability Of Choice-Of-Law/Forum Clauses In International Securities Contracts, Jon A. Jacobson
Your Place Or Mine: The Enforceability Of Choice-Of-Law/Forum Clauses In International Securities Contracts, Jon A. Jacobson
Duke Journal of Comparative & International Law
No abstract provided.
Selected United States Tax Issues In Cross-Border Securitizations, Willys H. Schneider
Selected United States Tax Issues In Cross-Border Securitizations, Willys H. Schneider
Duke Journal of Comparative & International Law
No abstract provided.
Cross-Border Securitization: Without Law, But Not Lawless, Tamar Frankel
Cross-Border Securitization: Without Law, But Not Lawless, Tamar Frankel
Duke Journal of Comparative & International Law
No abstract provided.
How Investors React To Political Risk, Claire A. Hill
How Investors React To Political Risk, Claire A. Hill
Duke Journal of Comparative & International Law
No abstract provided.
The Universal Language Of Cross-Border Finance, Steven L. Schwarcz
The Universal Language Of Cross-Border Finance, Steven L. Schwarcz
Duke Journal of Comparative & International Law
No abstract provided.
Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon
Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon
Cornell International Law Journal
No abstract provided.
Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman
Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman
Cardozo Journal of International and Comparative Law
The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.
On The Internet And Sovereignty, Saskia Sassen
On The Internet And Sovereignty, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
Indiana Journal of Global Legal Studies
No abstract provided.
Ratings Games With Contingent Transfer: A Structured Finance Illusion, Petrina R. Dawson
Ratings Games With Contingent Transfer: A Structured Finance Illusion, Petrina R. Dawson
Duke Journal of Comparative & International Law
No abstract provided.
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Popular Media
A report from Holland, where "the most significant arbitration body in history" has devoted 16 years to mediating legal matters between two hostile nations: the United States and the Republic of Iran.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Colloguium For Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them , Bob Gordon, James May, Jack Schlegel, Joan Williams
Colloguium For Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them , Bob Gordon, James May, Jack Schlegel, Joan Williams
American University Law Review
No abstract provided.
Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington
Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington
Sociology & Criminal Justice Theses & Dissertations
This study investigates the racial differences in rape myth acceptance among college women. There has been little research on the topic of rape which examines solely the opinions of women. Black and white college women {N=623) completed a survey which measured the degree of acceptance or rejection of false beliefs about rape, rape victims, or rapists. These false beliefs were termed rape myths. The myths demean the victim and support stereotypes about rape. Past research suggests that blacks accept rape myths more than whites, and that victims accept rape myths more than nonvictims. This study's analyses suggest that women as …
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
Dalhousie Law Journal
Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of …
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
Dalhousie Law Journal
The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.
Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins
Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins
Dalhousie Law Journal
Expertise, bias and delay arguments are shifting the focus of judicial review from the legality of administrative decisions to the reputation of administrative decision- makers. These grounds measure the skill, objectivity and efficiency characteristics that define administrators' reputations. They make it possible for courts to consider these reputations, even if only by way of unarticulated judicial notice, when deciding judicial review applications. After setting out the theory of expertise, bias and delay implicit in recent Supreme Court of Canada decisions, the author concludes that courts must use less impressionistic measures in judging these concepts, lawyers must present more concrete reputational …
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
Dalhousie Law Journal
The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.
Bodies Of Law, Moira Mcconnell
Bodies Of Law, Moira Mcconnell
Dalhousie Law Journal
"Don't judge a book by its cover" is a maxim most frequently recited to children by adults to explain the idea that one should not judge people on the basis of appearance. This maxim captures the gist of the topic explored in Alan Hyde's Bodies of Law. Bodies of Law seeks to expose the fact that we simultaneously view a person as an entity distinct from her or his physical manifestation while our understanding and response to a person is affected by our perceptions and judgments regarding their physical characteristics.
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
Dalhousie Law Journal
Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Osgoode Hall Law Journal
Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …
Can Anyone Be The Victim Of A Hate Crime?, Lawrence Bradfield Hughes
Can Anyone Be The Victim Of A Hate Crime?, Lawrence Bradfield Hughes
University of Dayton Law Review
In re B.C., 680 N.E.2d 1355, 1370 (11. 1997).
Attention All Child Stealers — Oregon Welcomes You, Heather Noelle Duffy
Attention All Child Stealers — Oregon Welcomes You, Heather Noelle Duffy
University of Dayton Law Review
State ex rel. Johnson v. Bail, 938 P.2d 209 (Or. 1997) (en banc).
Sibling Relationship Should Not Be Denied By Formalistic Judges, Susan Solle
Sibling Relationship Should Not Be Denied By Formalistic Judges, Susan Solle
University of Dayton Law Review
Scruggs v. Saterfiel, 693 So. 2d 294 (Miss. 1997).
Compulsory Arbitration Agreements In Employment Contracts From Gardner-Denver To Austin: The Legal Uncertainty And Why Employers Should Choose Not To Use Preemployment Arbitration Agreements, John-Paul Motley
Vanderbilt Law Review
In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause in a securities registration application and barred the employee from seeking relief in federal court for his Age Discrimination in Employment Act ("ADEA") claim.' Since the Court's decision compelling arbitration of an employee's statutory claim, labor and employment lawyers have encouraged employers to include binding arbitration clauses covering all potential employer-employee claims in employment applications, handbooks, and collective bargaining agreements ("CBAs"). As one commentator wrote after the Gilmer decision, "[t]he only thing remaining is for employers to begin writing compulsory arbitration clauses into their employment contracts." …
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Dalhousie Law Journal
This article outlines the circumstances in which the state is justified in implementing preferential policies in favour of visible minorities and describes an approach to policy formulation. The thesis is that visible minorities warrant preferential treatment in order to rectify past injustices and to redistribute advantages to visible minorities who are chronically poor. "Supply-side" over "demand-side" policies are favoured. Supply-side policies are preferable because they support substantive equality by ensuring that individuals have a minimum level of subsistence. If the goal of achieving substantive equality is to be achieved, the poor should also be entitled to benefit under preferential policies. …