Law Commons^™

Teaching Privacy In The Age Of Octomom: Enhancing Case/Socratic Method With Structured Class Discussion, Constance A. Anastopoulo, Thomas P. Gressette, Jr.

Constance A. Anastopoulo

No abstract provided.

La Protección Jurídica Internacional De La Libertad Religiosa, Jorge Adame Goddard

Jorge Adame Goddard

Análisis de la protección de la libertad religiosa en los principales tratados internacionales de derechos humanos.

El Derecho De Los Contratos Internacionales, Jorge Adame Goddard

Jorge Adame Goddard

Presenta los diversos ordenamientos jurídicos (tratados, costumbres, recopilaciones de principios) aplicables hoy a los contratos internacionales

Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Brazilian Courts, in order to guarantee social rights, should take into account the scarcity of resources and the principle of equality so as not favoring anyone with features that are intended for everyone. Given this limitation, how the Judicial Power might act with respect to the realization of social rights? It has down increased attention how, in Brazil, the Judicial Power, especially the Supreme Court and the Superior Court, have interfered in Executive discretion so as to protect social rights, as health rights or educational rights. This article aims to explain how it occurs in Brazil and verify, on the …

Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin Phd, Lynn M. Paltrow Jd

Jeanne M Flavin

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to “protect the fetus” undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this …

Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet

Christopher K. Odinet

Procedural Adequacy, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do no harm” …

Withdrawing From Custom And The Paradox Of Consensualism In International Law, Chin Leng Lim, Olufemi Elias

Chin Leng Lim

In their excellent article, Withdrawing from International Custom, Professors Curtis Bradley and Mitu Gulati call into question the prevailing conception of customary international law, according to which states “never have the legal right to withdraw unilaterally from customary law” (the “Mandatory View”). Bradley and Gulati question the intellectual history and functional desirability of the Mandatory View, and they identify “significant uncertainties about how the Mandatory View would work in practice.” Their observations appear to us to be convincing. If the basis of the Mandatory View is not convincing, then its main tenets, such as the absence of a right of …

Debates On The Rights Of Prisoners Of War In Islamic Law, Muhammad Munir Dr

Dr. Muhammad Munir

This paper explores the rights of protection available to the prisoners of war under Islamic law. It analyzes the differences of opinion among the early fuqaha’ regarding the POWs. The paper finds that the Qur’an mentions only two ways to terminate captivity, that is, mann (freedom gratis) and fida’ (ransom) (Qur’an 47: 4) a verse that was not superseded; that ransom was taken by the Prophet only from the POWs of Badr whereas the general practice of the Prophet (peace be on him) and his caliphs was to set POWs free without any condition or ransom. Non-Muslim states used to …

Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall

Bruce MacDougall

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …

I Have Federal Pleading All Figured Out, Bradley S. Shannon

Bradley Scott Shannon

Árbol Genealógico Del Consejo De Estado: El Constitucionalismo Autoritario En Nuestra Historia, Fernando Muñoz

Fernando Muñoz

An appeal to prestige and experience creates a historical continuity between various institutions: the Royal Audiencia, the Council of State, and the “institutional” and for-life senators. This work focuses on the discourse that articulates and unifies these various institutional forms throughout Chilean history, suggesting a context for the study of Chilean constitutional authoritarianism.

Indexing And Full-Text Coverage Of Law Review Articles In Non-Legal Databases: An Initial Study, Mikhail Koulikov

Mikhail Koulikov

Mr. Koulikov examines the level of coverage that articles originally published in law reviews receive in eight major general academic databases. His findings are very similar to those of other discipline-specific database coverage studies, and reveal that coverage varies widely by database, regardless of the database’s claim to cover legal periodicals. This has particular implications for the level of engagement that nonlegal scholars have with the literature of the legal academia, and for the potential for meaningful interaction between legal scholars and their peers in other academic fields.

[This is a revision of the winning submission to the 2009 AALL/LexisNexis …

Sex And The City: Female Leaders And Spending On Social Welfare Programs In U.S. Municipalities, Mirya R. Holman

Mirya R Holman

Scholars of urban politics have long argued that cities will shy away from extensive funding of social welfare programs, as fiscal realities make developmental policies far more attractive. Despite the arguments against municipal level funding of social welfare services, cities provide these programs. Why? One possible explanation is that local officials prefer funding welfare programs. The research presented here demonstrates that the gender composition of local elected bodies impacts the provision of welfare services. The presence of a female mayor has a large positive effect on the likelihood a city participates in funding welfare programs and the amount of monetary …

Stop Taking The Bait: The Dilution Of Miranda Does Not Make America Safer From Terrorism, Ryan T. Williams

Ryan T. Williams

On December 25, 2009, a Nigerian tried to blow up a plane over Detroit, Michigan. On May 1, 2010, an American tried to set off explosives in New York's Times Square. Neither man succeeded. After both arrests, lawmakers clamored for more flexibility to interrogate terror suspects and for the suspension (if not elimination) of their Miranda rights. The Supreme Court subsequently decided three cases that severely dilute Miranda protections and Fifth Amendment rights. An examination of these decisions reveals that they fail to make America safer from terrorism.

Worse still, the dilution of American citizens' rights sends a dangerous message …

Yearbook On International Investment Law And Policy, 2009-2010

Karl P. Sauvant

El Proyecto Derecho Administrativo Global: Una Reseña Desde Brasil, Michelle R. Sanchez-Badin Mrs.

Michelle R Sanchez-Badin Mrs.

Este artículo pretende hacer una introducción sobre el proyecto del Derecho Administrativo Global (GAL) y abordar algunas ideas sobre las posibilidades del diálogo que se ha establecido entre este proyecto y académicos de latinoamericanos, con especial énfasis en el contexto brasileño. Sobre esta base, el objetivo es mejorar la comprensión de la situación actual del debate GAL en América Latina, así como brindar una mejor comprensión sobre la contribución que la región puede hacer al análisis GAL, tanto en términos de casos empíricos como de producción académica en la región y/o en Brasil.

Seeing The State: Transparency As Metaphor, Mark Fenster

Mark Fenster

The Surprising Norwood Beveridge, Paula J. Dalley

Paula J. Dalley

No abstract provided.

Finding Footing In A Postmodern Conception Of Law, Bryan H. Druzin

Bryan H. Druzin

The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational …