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Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete 2009 Southern Illinois University School of Law

Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete

Cindy G. Buys

The right of a foreign national to contact his or her consulate upon arrest or detention in another country has been described as a fundamental and indispensible human right. Yet United States authorities have repeatedly failed to provide foreign nationals and their consulates with notice as required by law. This failure is evidenced by the explosion in litigation of consular notification rights in recent years.

This article explores some of the most interesting legal questions that are being raised in the area of consular notification rights. Drawing on the experiences and perspectives of three attorneys, member of the consular staff ...


Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst 2009 Arizona Summit Law School

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Stephen A Gerst

The Sixth Amendment right to an attorney is so fundamental that the United States Supreme Court has carefully developed requirements to ensure that an indigent defendant does not go to trial in any criminal case where there is a possibility of a deprivation of freedom without an attorney unless there is an affirmative waiver of the right to counsel on the record. However, the Supreme Court has not addressed what the record must show for finding that a defendant has lost his right to counsel as a result of the defendant's own misconduct toward the court or the defendant ...


Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte 2009 Southern Illinois University School of Law

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.


Where Do We Come From? Innovation And Regulatory Response In The Banking Industry Before The Crisis, Bruno Meyerhof Salama 2009 FGV Law School in Sao Paulo

Where Do We Come From? Innovation And Regulatory Response In The Banking Industry Before The Crisis, Bruno Meyerhof Salama

Bruno Meyerhof Salama

The architecture of financial regulation after the crisis will be an evolution of what preceded it. The available alternatives for reformation at a certain point are limited by the existing institutions. This means, primarily, that history matters, and that decisionmaking at a certain point in time is also limited by previous decisions and events. Because of that, the exercise of analyzing “where we are heading to” only makes sense insofar as we can minimally understand “where we are coming from”.


Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons 2009 University of South Dakota School of Law

Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons

Thomas E. Simmons

No abstract provided.


Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman, James Williamson 2009 San Diego State University

Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman, James Williamson

Francine J. Lipman

As the country and courts continue to debate the importance of marriage in a variety of contexts, when determining Social Security benefits it is clear that marriage matters. Marriage matters for Social Security benefits planning because of meaningful spouse and survivor benefits. Given the broad and deep devastation of a record recession on retirement and saving accounts, including the continuing demise of defined benefit plans with joint and survivor benefits protection, Social Security benefits, generally, and spouse and survivor benefits, specifically, have become and will continue to be a more significant percentage of retirees’ income. As a result of the ...


Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty 2009 U.S. Judge Advocate General's Corps

Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty

Keith A. Petty

The Alien Tort Statute (ATS) allows alien plaintiffs to file civil actions in U.S. district courts for torts violating the law of nations or U.S. treaties. After the 2nd Circuit’s Filartiga decision in 1980, the debate began as to whether the ATS was a useful tool against human rights violators or an intrusion into U.S. foreign relations. In 2004, the Supreme Court in Sosa v. Alvarez-Machain resolved some of the questions left open by Filartiga.

Sosa concluded that ATS claims must be limited to law of nations violations as well defined as those recognized in 1789 ...


Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron 2009 The Dickson Poon School of Law, King's College London

Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron

David D. Caron

No abstract provided.


Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella 2009 Selected Works

Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella

David F. Tavella

CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel ...


Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins 2009 Glasgow Caledonian University

Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins

Mel Cousins

Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common - especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the Convention ...


Veil-Piercing, Peter B. Oh 2009 University of Pittsburgh School of Law

Veil-Piercing, Peter B. Oh

Peter B. Oh

From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder’s own assets has befuddled courts, litigants, and scholars alike. And the doctrine has been bedeviled by empirical evidence of a chasm between the theory and practice of veil-piercing; notably, veil-piercing claims inexplicably seem to prevail more often in Contract than Tort, a finding that flouts the engrained distinction between voluntary and involuntary creditors. With a dataset of 2,908 cases from 1658 to 2006, this study presents the most comprehensive portrait ...


In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski 2009 Case Western Reserve University

In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski

Aaron K. Perzanowski

In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.


Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai 2009 Faculty of Law, University of Haifa

Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai

Oren Gazal-Ayal

The Israeli Penal Law Bill (Amendment No. 92, Structuring Judicial Discretion in Sentencing) 5766-2006 proposes that a committee be set up to establish sentences that will serve as starting points for judges in their sentencing deliberation (starting sentences). The Israeli Minister of Justice asked the authors to propose starting sentences for three prevalent serious offences in order to show the Knesset (the Israeli parliament) the methodology of determining such starting sentences and to help facilitate the debate about the consequences of these new guidelines. The ministers intended the Knesset to legislate these proposed starting sentences in the appendix to the ...


When The Veil And The Vote Collide: Enhancing Muslim Women’S Rights Through Electoral Reform, Amber R. Maltbie 2009 Selected Works

When The Veil And The Vote Collide: Enhancing Muslim Women’S Rights Through Electoral Reform, Amber R. Maltbie

Amber R Maltbie

Voter identification laws serve a critical purpose in the consolidation of emerging democracies and post-conflict situations. By serving as a prophylactic curb against voter fraud when trust in the electoral process is low, voter identification laws strengthen the public’s perception of an election’s integrity and the legitimacy of the government elected. However, even when administered absent any discriminatory intent, these laws can have unintended consequences, especially for Muslim women who wear a veil that covers the face. For new democracies or post-conflict states with large or majority Muslim populations, voter turnout among women can be suppressed if the ...


Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson 2009 Bi-Level Technologies

Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


Panama And The Specter Of Climate Change, Ruth Gordon 2009 Villanova University

Panama And The Specter Of Climate Change, Ruth Gordon

Ruth Gordon

No abstract provided.


¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel 2009 Universidad Peruana de Ciencias Aplicadas

¿En Qué Se Parece Hamilton A Belaúnde? Matrimonio Gay Y La Proposition 8, Enrique Pasquel

Enrique Pasquel

No abstract provided.


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