The American University law review最新文献_第5页

Candor, zeal, and the substitution of judgement: ethics and the mentally ill criminal defendant. 坦率、热情和判断的替代:道德与精神病刑事被告。

The American University law review Pub Date : 2008-12-01

John D King

引用次数: 0

Guarantors of our genes: are egg donors liable for latent genetic disease? 我们基因的保证人:卵子捐赠者对潜在的遗传疾病负责吗?

The American University law review Pub Date : 2008-12-01

Suriya E P Jayanti

引用次数: 0

Tax Shelter Malpractice Cases and Their Implications for Tax Compliance 避税不当行为案例及其对税务合规的影响

The American University law review Pub Date : 2008-08-05 DOI: 10.2139/SSRN.1204802

Jay A. Soled

引用次数: 2

Intolerable Situations and Counsel for Children: Following Switzerland's Example in Hague Abduction Cases 不能容忍的情况和儿童律师:以瑞士在海牙诱拐案件中的例子为例

The American University law review Pub Date : 2008-01-01 DOI: 10.2139/SSRN.3442625

M. Weiner

{"title":"Intolerable Situations and Counsel for Children: Following Switzerland's Example in Hague Abduction Cases","authors":"M. Weiner","doi":"10.2139/SSRN.3442625","DOIUrl":"https://doi.org/10.2139/SSRN.3442625","url":null,"abstract":"In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction (\"Hague Abduction Convention\" or \"Convention\"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults (\"Swiss Act\"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase \"intolerable situation\" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs courts to appoint representatives for children in Hague child abduction proceedings. 5 The United States should follow Switzerland's example and adopt similar reforms. The United States need not pass legislation to do so, but rather U.S. courts should follow Switzerland's lead as the opportunities arise in individual cases. This Article describes the Swiss law and the context for its adoption and then examines the doctrinal and practical significance of its provisions. A few recent U.S. cases are used to illustrate the need for courts in the United States to follow Switzerland's example. For example, the Swiss interpretation of \"intolerable situation\" might have changed the 2007 decisions of the federal district court in Adan v. Avans. 6 The Swiss approach to appointing counsel for children in Hague child abduction proceedings might also have altered the outcome of a 2008 federal district court decision, Mendez-Lynch v. Pizzutello. After considering potential drawbacks to the Swiss reforms, the Article concludes that the U.S. courts have little to lose, and much to gain by incorporating these Swiss ideas into the adjudication of Hague cases.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"66 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85798294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Comparative evidence or common experience: when does "substantial limitation" require substantial proof under the Americans with Disabilities Act? 比较证据或共同经验:根据《美国残疾人法》，“实质性限制”何时需要实质性证据?

The American University law review Pub Date : 2007-12-01

Cheryl L Anderson

引用次数: 0

Cruelty to the mentally ill: an Eighth Amendment challenge to the abolition of the insanity defense. 虐待精神病患者:第八修正案对废除精神错乱辩护的挑战。

The American University law review Pub Date : 2007-06-01

Stephen M LeBlanc

引用次数: 0

Resolving the Intergenerational Conflicts of Real Property Law: Preserving Free Markets and Personal Autonomy for Future Generations 解决不动产法的代际冲突:为子孙后代保留自由市场和个人自主权

The American University law review Pub Date : 2007-02-01 DOI: 10.2139/SSRN.965755

Gerald Korngold

{"title":"Resolving the Intergenerational Conflicts of Real Property Law: Preserving Free Markets and Personal Autonomy for Future Generations","authors":"Gerald Korngold","doi":"10.2139/SSRN.965755","DOIUrl":"https://doi.org/10.2139/SSRN.965755","url":null,"abstract":"This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, etc.) made today will have a profound and perhaps negative effect on owners in future generations. It shows that the current architecture of the land transaction system and related rules unduly favor current owners over successors, causing a negative impact on land markets and choices of future players. Moreover, the article demonstrates that current doctrine and theory do not provide adequate flexibility for future generations to deal with outmoded land allocation agreements, leading to inefficiencies and frustration of the personal autonomy of future owners. The article suggests a new conceptual framework as well as specific alternative approaches for courts and legislatures across the spectrum of real property areas (including, inter alia, interpretation of instruments, the recording system, changed circumstances rules, conservation easements, subdivision covenants, and eminent domain). Given the historical and ongoing importance of land in the American experience, it is essential that decision makers act to guarantee future generations the opportunity to engage in markets and to fulfill their personal aspirations.","PeriodicalId":80193,"journal":{"name":"The American University law review","volume":"20 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2007-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82370536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Title III of the Bioterrorism Act: sacrificing U.S. trade relations in the name of food security. 生物恐怖主义法案第三章:以食品安全的名义牺牲美国的贸易关系。

The American University law review Pub Date : 2007-01-01

Claire S Boisen

引用次数: 0

The brain-disordered defendant: neuroscience and legal insanity in the twenty-first century. 大脑紊乱的被告:二十一世纪的神经科学和法律错乱。

The American University law review Pub Date : 2006-10-01

Richard E Redding

引用次数: 0

Pharmacy conscience clause statutes: constitutional religious "accommodations" or unconstitutional "substantial burdens" on women? 药店良心条款法规:符合宪法的宗教“便利”还是违反宪法的对妇女的“实质性负担”?

The American University law review Pub Date : 2006-08-01

Melissa Duvall

引用次数: 0