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3,624 full-text articles. Page 93 of 99.

A Tribute To Phil Burton, John Burton 2010 Golden Gate University School of Law

A Tribute To Phil Burton, John Burton

Golden Gate University Law Review

No abstract provided.


Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman 2010 Golden Gate University School of Law

Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman

Golden Gate University Law Review

No abstract provided.


The Sale Of A Law Practice: Toward A Professionally Responsible Approach, Leslie A. Minkus 2010 Golden Gate University School of Law

The Sale Of A Law Practice: Toward A Professionally Responsible Approach, Leslie A. Minkus

Golden Gate University Law Review

Why should a sole practitioner be precluded from entering into an objectively sensible agreement which will provide benefits to him on retirement and to his heirs upon his death? Perhaps the most quoted (though hardly the most persuasive) explanation is contained in an opinion issued by the New York County Lawyer's Association: "Clients are not merchandise, Lawyers are not Tradesmen. They have nothing to sell but personal service. An attempt, therefore, to barter in clients, would appear to be inconsistent with the best concepts of our professional status."

In this article I shall set out the bases for the ...


Federal Practice & Procedure, Tom C. Clark, Susan A. Bush 2010 Golden Gate University School of Law

Federal Practice & Procedure, Tom C. Clark, Susan A. Bush

Golden Gate University Law Review

No abstract provided.


Canadian Blasphemy Law In Context: Press, Legislative, And Public Reactions, Jeremy Patrick 2010 Golden Gate University School of Law

Canadian Blasphemy Law In Context: Press, Legislative, And Public Reactions, Jeremy Patrick

Annual Survey of International & Comparative Law

Canada has always outlawed blasphemy. From the earliest days of the New France period, through the era of “Upper” and “Lower” Canada, past Confederation and the eventual enactment of the original Criminal Code, and still today, blasphemy has been considered a criminal offence in the Canadian legal system. However, this prohibition, whether expressed through common law or statute, has rarely been enforced through actual prosecution. In the 117 years since the Criminal Code was enacted, its prohibition on blasphemous libel has been enforced only five times in reported cases. A study of the Criminal Code provision and these five prosecutions ...


Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam 2010 Golden Gate University School of Law

Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam

Golden Gate University Law Review

No abstract provided.


Building Communities, Changing Lives: Thomas & Mack Legal Clinic & Clinical Studies Program, Thomas & Mack Legal Clinic, University of Nevada, Las Vegas -- William S. Boyd School of Law 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Building Communities, Changing Lives: Thomas & Mack Legal Clinic & Clinical Studies Program, Thomas & Mack Legal Clinic, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Clinic Brochures

The brochure describes the offerings in clinical legal education available through the Thomas & Mack Legal Clinic and the Clinical Studies Program at the William S. Boyd School of Law.


Road Scholars - September 2010, University of Nevada, Las Vegas -- William S. Boyd School of Law 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Road Scholars - September 2010, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The September issue of Road Scholars describes faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.


Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein 2010 Brooklyn Law School

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.


The Relationship Between Law And Politics, Dr. Miro Cerar 2010 Golden Gate University School of Law

The Relationship Between Law And Politics, Dr. Miro Cerar

Annual Survey of International & Comparative Law

This article examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions. Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude ...


The U.S. Codification Of War Crimes: 18 Usca §2441, Hamed Adibnatanzi 2010 Golden Gate University School of Law

The U.S. Codification Of War Crimes: 18 Usca §2441, Hamed Adibnatanzi

Annual Survey of International & Comparative Law

The purpose of this paper is to examine the U.S. codification of its Geneva Convention obligations to prosecute war crimes. The War Crimes Statute is rarely used for its original enactment purpose. Instead the cases that have appeared are in response to political maneuvering in detaining foreign enemy combatants. The War Crimes Statute has been used with the Geneva Convention in order to guarantee detainees certain fundamental rights to due process and impartial hearings. Finally, the paper examines some of the Legislative responses to this judicial interpretation and the new proposed War Crimes Statute.


Combating Corruption In Nigeria: A Critical Appraisal Of The Laws, Institutions, And The Political Will, Osita Nnamani Ogbu 2010 Golden Gate University School of Law

Combating Corruption In Nigeria: A Critical Appraisal Of The Laws, Institutions, And The Political Will, Osita Nnamani Ogbu

Annual Survey of International & Comparative Law

This paper seeks to critically examine the legal and institutional framework for combating corruption that existed before Nigeria's nascent democracy, and the anti-corruption mechanisms and measures put in place by the Obasanjo regime. The effectiveness of the laws and the institutions and their limitations will be considered. Lastly, the political will to fight corruption will also be examined.


Post-Conflict Justice In Iraq, Zakia Afrin 2010 Golden Gate University School of Law

Post-Conflict Justice In Iraq, Zakia Afrin

Annual Survey of International & Comparative Law

In this article, I analyze the Transitional Authority's approach and initiative regarding post-conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first, did the statute of the special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of post-conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under international law?


Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale 2010 Golden Gate University School of Law

Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale

Annual Survey of International & Comparative Law

The Article focuses on the recently concluded Bakweri land case against Cameroon in the African Human Rights Commission. The Article uses this litigation as the basis for a re-examination of a host of issues relating to the enforcement of human rights, especially land rights, in postcolonial countries making the slow transition from single-party authoritarian rule to multi-party democratic states. More importantly, it takes a fresh look at the exhaustion of local remedies rule. It asks the relatively simple question: whether an indigenous people seeking to reclaim and assert permanent sovereignty over ancestral lands, forcibly expropriated from them during the period ...


Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo 2010 Golden Gate University School of Law

Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo

Annual Survey of International & Comparative Law

International regulation and control of WMD is not a United States - European Union bilateral issue, but it appears on the political agenda of the transatlantic relation and agreements or disagreements between the two have international consequences. Agreements signal joint action by an important part of the international community and, often, can inspire or encourage universal commitments as well as other international actions. Disagreements, however, block such joint action and, sometimes, impede international measures of universal (or at least collective) scope. Within this context, the purpose of this article is to analyze how these two major international actors, the United States ...


The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe 2010 Golden Gate University School of Law

The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe

Annual Survey of International & Comparative Law

The aim of this paper is to discuss the participation of children in armed conflicts around the world and the various international legal standards adopted to stop it. The paper will first describe the factors that contribute to the involvement of children in armed conflicts. It will examine the relevant international armed conflict (humanitarian) laws and other legal standards governing the use of children in armed conflicts and their effectiveness. The paper will also discuss the United States position on the Global efforts to ban the use of children in armed conflicts. Finally, the paper will discuss the problems of ...


International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin 2010 Golden Gate University School of Law

International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin

Annual Survey of International & Comparative Law

The purposes of this article are to provide a general description of the most important telecommunication organization, the lTD, and from its missions and developments to discuss the possibility of Taiwan's accession into the lTD. At first, from the developmental history, organizational structure, operational procedures, and missions of the lTD, the article wants to describe which role the ITD plays in international telecommunication cooperation and to clarify why Taiwan should seek accession into this organization. Secondly, from the lTD's Constitution and Convention, as well as Taiwan's status in the international community, the article will debate the possibility ...


Promises Of Rewards In A Comparative Perspective, Pablo Lerner 2010 Golden Gate University School of Law

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if ...


Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello 2010 Golden Gate University School of Law

Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello

Annual Survey of International & Comparative Law

An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give ...


On The Admissibility Of Group Rights, Luis Rodriguez-Abascal 2010 Golden Gate University School of Law

On The Admissibility Of Group Rights, Luis Rodriguez-Abascal

Annual Survey of International & Comparative Law

In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as ...


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