Date of Publication:
Luz Estella Nagle and Henry W. McGee, Protección del medio ambiente imponiendo una responsabilidad civil, in Responsibilidad civil de profesionales y empresarios (Grupo Bilbo, 2006)Clicking on the button will copy the full recommended citation.
Date of Publication:
Luz Estella Nagle, Prosecuting the Use of Antipersonnel Mines by Illegal Armed Groups: The Colombia Situation, 8 Or. Rev. Int'l L. 231 (2006)Clicking on the button will copy the full recommended citation.
Colombia is among the most heavily mined nations in the world. The mines are deployed by illegal armed groups waging an internal armed conflict against the Colombian state going back many decades. Many of the mines are of Eastern European origin or improvised explosive devices, and poor documentation by the offending groups on where land mines are deployed has created a situation throughout Colombian territory where innocent civilians and livestock wander into unmarked or forgotten minefields and detonate the devices. This article examines the problem of landmines in Colombia and the challenges of holding illegal armed groups responsible for the deployment of deadly “silent sentinels.”
Date of Publication:
Kirsten K. Davis, Building Credibility in the Margins: An Ethos-Based Perspective on Commenting on Student Papers, 12 Legal Writing 73 (2006)Clicking on the button will copy the full recommended citation.
Part of the teacher-student relationship is created in the commenting process. Students make conclusions about the ethos of their writing professor based on the way in which students view the comments written in the margins of their papers. This article explores marginalia as discourse, composition theory, and rhetorical theory and develops principles that can underlie an ethos of commenting.
Date of Publication:
Luz Estella Nagle, The Rule of Law in Latin America, in Proceedings of the Midwest Association of Latin American Studies (July 1, 2006)Clicking on the button will copy the full recommended citation.
Date of Publication:
Michael S. Finch and Michael P. Allen, An Illustrated Guide to Civil Procedure (1st ed., Aspen Publishers, 2006)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ellen S. Podgor, Did Overcriminalization Allow for the Prosecution of Martha Stewart, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
Date of Publication:
Tim Kaye, Childhood Obesity, School Food and Education: The Role of the Law, in The Law as an Agent of Change in Education (Roderick Flynn ed., CAPSLE, 2006)Clicking on the button will copy the full recommended citation.
Child obesity is a growing cause for concern in both North America and the United Kingdom. Despite a number of initiatives to tackle the problem, rates of childhood obesity continue to rise on both sides of the Atlantic. Nowhere is the problem more acute than the UK, which is believed to have the fastest-growing rate of obesity in the developed world. In 2001, 23 per cent of British women and 21 per cent of British men were obese, compared to 8 per cent of women and 6 per cent of men in 1980. Childhood obesity has almost doubled since the mid 1980s. Indeed, between 1996 and 2001, the proportion of overweight children aged 6 to 15 years old increased by 7 per cent, whilst the International Obesity Task Force (IOTF), has warned that over 40 per cent of the UK population could be obese "within a generation". This paper examines the changes in English education law which have facilitated this increase in obesity rates, and considers too the changes which have recently been made or are currently under consideration in order to try to reverse the trend.
Date of Publication:
Peter Lake and Darby Dickerson, A Blueprint for Collaborative Risk Management Teams, Campus Activities Programming (2006)Clicking on the button will copy the full recommended citation.
Date of Publication:
D. Benjamin Barros, Home as a Legal Concept, 46 Santa Clara Law Review 255 (2006)Clicking on the button will copy the full recommended citation.
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal issues involving the home.
The article concludes that homes are different from other types of property and give rise to legal interests deserving of special legal protection, but that these interests can be outweighed by competing interests in particular legal contexts. The result is that in many contexts special legal treatment of homes is justified. In other contexts, for example residential rent control, the strength of competing interests means that the law overprotects the home. In still other contexts, for example eminent domain law as embodied by the Supreme Court's recent decision in Kelo v. New London, the law tends to underprotect the home.