Supreme Court News Article
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 46 Administrative & Regulatory Law News 35 (2021)Clicking on the button will copy the full recommended citation.
2021
Australia Book Chapter
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Luz Estella Nagle et al., Australia, in Tratado angloiberoamericano sobre compliance penal (Nicolas Rodriguez-Garcia and et al. eds., Valencia: tirant lo blanch, 2021)Clicking on the button will copy the full recommended citation.
Canada Book Chapter
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Luz Estella Nagle and Renato Machado de Souza, Canada, in Tratado angloiberoamericano sobre compliance penal (Nicolas Rodriguez-Garcia et al. eds., Valencia: tirant lo blanch, 2021)Clicking on the button will copy the full recommended citation.
Estados Unidos de América Book Chapter
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Luz Estella Nagle and Renato Machado de Souza, Estados Unidos de América, in Tratado angloiberoamericano sobre compliance penal (Nicolas Rodriguez-Garcia et al. ed., Tirant lo Blanch, 2021)Clicking on the button will copy the full recommended citation.
Law and Poetry: Promises from the Preamble Book
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Kristen David Adams (ed.), Law and Poetry: Promises from the Preamble (ABA Publishing, 2021)Clicking on the button will copy the full recommended citation.
Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts Article
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Luz Estella Nagle, Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts, 19 Revista Opinião Jurídica 33 (2021)Clicking on the button will copy the full recommended citation.
Objectives: This article aims to revisit the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in honour of their respective normative scopes and in order to carry out an analysis of their complementary or supplementary application, towards the construction of a more appropriate tool for the protection of human beings in extreme situations, as it occurs during armed conflicts. This is because, amid the multifaceted vulnerabilities that accumulate in today's conflicts, it is essential to provide the most effective source of protection - proportional to the demands for protection that are manifested today, particularly in military occupations around the world, whose occurrence will be the focus of this research
Indigenous Perspectives on Corporate Governance Article
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Grant Christensen, Indigenous Perspectives on Corporate Governance, 23 U. Pa. J. Bus. L. 902 (2021)Clicking on the button will copy the full recommended citation.
The foundation of the modern corporation is built upon the separation of labor and capital. These entities were anathema to most Indigenous peoples when the Virginia Company was chartered in 1606 for the purpose of settling American lands. Over centuries of colonization federal law worked to assimilate Native Americans. Tribes were encouraged, even forced, to create their own corporate entities. Indelibly, consistent with their inherent sovereignty, Indigenous groups fused autochthonous legal principles into these corporate structures. Today, in the shadow of the #BLM movement and societal demands that corporations become more responsive to their communities and to the environment, shareholder primacy has reached its nadir. As corporate governance seeks to replace it with something stakeholder centered autochthonous principles gleaned from Indigenous corporations offer a way forward. These proposed reforms are as varied as the chthonic law they are built upon and range from making nature itself a corporate shareholder to issuing shares that gain voting rights only after they have been held to maturity.
In Defense of a Liberal Choice-Based Approach to Residential Segregation Article
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Will Bunting, In Defense of a Liberal Choice-Based Approach to Residential Segregation, 88 Tenn. L. Rev. 335 (2021)Clicking on the button will copy the full recommended citation.
This Article argues that not all forms of residential segregation are alike. Certain patterns of residential segregation can be distinguished along two key dimensions: (1) voluntariness, and (2) net social impact. Voluntary residential segregation is largely incompatible with outcome-based policies designed to promote residential integration. This Article claims that the existence of voluntary spatial clustering implies that the government must adopt a choice-based approach to residential integration that seeks to protect and enable freedom of choice in housing rather than an outcome-based approach that seeks to implement and maintain specific patterns of residential segregation. The central thesis of this Article is that the FHA mandate to “affirmative further fair housing” (AFFH) must be interpreted as a responsibility to promote fair housing choice, as a duty to understand in which local communities those in need of affordable housing truly want to live, and as an obligation to expand or modify the set of affordable housing choices to encompass as many of these desired locations as is fiscally feasible, and not as an outcome-based mandate to site affordable housing in a limited number of areas that best implements certain patterns of residential integration considered socially optimal by otherwise well-meaning policy elites.
Climate Change, Civil Disobedience and the Necessity Defense Book Chapter
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Lance Long, Climate Change, Civil Disobedience and the Necessity Defense, in Earth Law: Emerging Ecocentric Law - A Guide For Practitioners (Anthony R. Zelle et al. eds., Wolters Kluwer, 2021)Clicking on the button will copy the full recommended citation.
Drug & Alcohol Discharges Book Chapter
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Stacey-Rae Simcox and Mark Matthews, Drug & Alcohol Discharges, in Military Discharge Upgrade Legal Practice Manual (Margaret Kuzma et al. eds., 2021)Clicking on the button will copy the full recommended citation.