Results 41 to 50 of about 81,501 (237)
Win, Lose, or Draw: Using LGBTQ+ Legal History to Reassess Social Movement Outcomes
ABSTRACT In 1992, Colorado's citizens enacted Amendment 2, a ballot initiative that prevented governmental entities from extending antidiscrimination protections to gays and lesbians. That same year, Oregon's voters rejected a similar measure. At first glance, it may seem that queer rights advocates experienced a loss in Colorado and a victory in ...
Marie‐Amélie George
wiley +1 more source
El presente estudio tiene por objeto, primero, relevar la posición actual de los cuatro turnos del Tribunal de Apelaciones del Trabajo y de la Suprema Corte de Justicia respecto del arbitraje laboral.
Pablo Pereira Brause
doaj +1 more source
Walking the Line: Why the Presumption Against Extraterritorial Application of U.S. Patent Law Should Limit the Reach of 35 U.S.C. § 271(f) [PDF]
The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v.
Giordano-Coltart, Jennifer
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The Defence of Public Necessity
This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse.
Samuel Beswick
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This paper exploring the leave to appeal in Canadian Constitutional Law is the third of the series “Constitutional Law Around the Globe”. This section of the series focuses on “Judicial Review and the Filters to Access Supreme and Constitutional Courts”.
Luiz Henrique Diniz Araujo
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Legal Issues in Terminations of Single-Employer Pension Plans: Beck v. PACE International Union [PDF]
[Excerpt] On January 19, 2007, the U.S. Supreme Court granted certiorari in Beck v. PACE International Union. The case concerns the decision by an employer in bankruptcy proceedings to terminate its pension plans.
Lunder, Erika, Staman, Jennifer
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Remaking the United States Supreme Court in the Courts’ of Appeals Image [PDF]
We argue that Congress should remake the United States Supreme Court in the U.S. courts\u27 of appeals image by increasing the size of the Court\u27s membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In so
George, Tracey E., Guthrie, Chris
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Exposing the crumbling justification for absolute prosecutorial discretion in youth filing decisions
Abstract Can absolute prosecutorial discretion in youth charging decisions—like that allowed under Title 16 in the District of Columbia—continue to withstand legal, scientific, and policy‐based scrutiny? The recently‐approved Restatement of Children and the Law adds to the weight of authorities casting further doubt on the wisdom of such discretion ...
Nina A. Herth, Chinh Q. Le
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Of Civil Wrongs and Rights: \u3cem\u3eKiyemba v. Obama\u3c/em\u3e and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 [PDF]
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside ...
Vaughns, Katherine L. +1 more
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Law, Justice and Reason‐Giving
ABSTRACT Reason‐giving is a hallmark of judicial decision‐making. However, many judicial decisions are not accompanied by detailed reasons—or any reasons at all. Judicial reason‐giving serves various goals, including constraining judges' discretion. The very engagement in writing and the enhanced accountability that comes with the provision of written ...
Ori Katz, Eyal Zamir
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