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Viewing: Blog Posts Tagged with: Law, Most Recent at Top [Help]
Results 1 - 25 of 591
1. The CISG: a fair balance of interests around the globe

The CISG may be called a true story of worldwide success which is not only proven by the ever increasing number of member states around the world but also by the fact that during the last 20 years the CISG has served as a decisive blueprint for law-making in the area of contract law on the international as well as on the domestic level.

The post The CISG: a fair balance of interests around the globe appeared first on OUPblog.

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2. How can we hold the UN accountable for sexual violence?

Cometh the new year, cometh the fresh round of allegations that United Nations peacekeepers raped or abused some of the most vulnerable people in the world. 2016 has just begun and already reports are surfacing of UN peacekeepers paying to have sex with girls as young as 13 at a displaced persons camp in the Central African Republic.

The post How can we hold the UN accountable for sexual violence? appeared first on OUPblog.

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3. Deferring the Cadillac tax kills it

Sometimes it is gratifying to have predicted the future. Sometimes it is not. The recent postponement of the so-called “Cadillac tax” until 2020 falls into the latter category. I predicted this kind of outcome when the Cadillac tax was first enacted as part of the Affordable Care Act, popularly known as “Obamacare.” I am unhappy that events have now proven this prediction correct.

The post Deferring the Cadillac tax kills it appeared first on OUPblog.

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4. Wrapping up the AALS Annual Meeting 2016

The Association of American Law Schools (AALS) is a nonprofit association of 179 law schools. The association serves as the learned society for over 9,000 law faculty at its member schools, and provides them with extensive professional development opportunities, including the AALS Annual Meeting which draws thousands of professors, deans and administrators each year.

The post Wrapping up the AALS Annual Meeting 2016 appeared first on OUPblog.

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5. Should design rights protect things you can’t see?

Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe. The remit of the study is wide-ranging, but perhaps the most surprising issue that has arisen is whether design law in the EU should protect things that you can’t see.

The post Should design rights protect things you can’t see? appeared first on OUPblog.

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6. The transcendent influence of law in military operations

From the perspective of military legal advisors, law serves as an enabler in achieving logical military outcomes. Rather than simply focusing on a restatement of law, it is important to offer insight into how Judge Advocates (military lawyers) think about the relationship between law and effective military operations.

The post The transcendent influence of law in military operations appeared first on OUPblog.

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7. Why the junior doctors’ strike matters to everyone

Doctors in the UK are striking for the first time in over 40 years. This comes after months of failed talks between the government and the British Medical Association (BMA) regarding the controversial new junior doctor contract. We do so with a heavy heart, as it goes against the very ethos of our vocation. Yet the fact that more than 98% of us voted to do so, speaks volumes about the current impasse.

The post Why the junior doctors’ strike matters to everyone appeared first on OUPblog.

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8. What Is The Animation Wage-Fixing Lawsuit? An Explainer for the Community

Take a few minutes to understand the lawsuit that industry artists have filed against the big American studios and why it matters.

The post What Is The Animation Wage-Fixing Lawsuit? An Explainer for the Community appeared first on Cartoon Brew.

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9. Oxford Law Vox: Loukas Mistelis on international arbitration

International arbitration expert Loukas Mistelis talks to George Miller about current arbitration issues. Together they discuss how the international arbitration landscape has developed, how arbitration theory has attempted to catch up with practice, and ask whether the golden age of arbitration is now passed.

The post Oxford Law Vox: Loukas Mistelis on international arbitration appeared first on OUPblog.

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10. The scales of justice and the establishment

Reports that luminaries of the ‘establishment,’ including Archbishop Carey, were queuing up to write letters directly to the Director of Public Prosecutions in support of Bishop Peter Ball, who was eventually convicted of numerous sex offences, is hardly a revelation. Bishops of the Church of England move in the rarefied circles of the establishment, such as the London clubs.

The post The scales of justice and the establishment appeared first on OUPblog.

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11. Finding proportionality in surveillance laws

The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age.” It is fair to say this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas.

The post Finding proportionality in surveillance laws appeared first on OUPblog.

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12. The art of persuasion

Although expert evidence in criminal jury trials is often heavily relied upon, the secrecy of the jury room has long prevented concrete analysis of the process. We spoke to Ian Freckelton QC about the undertaking of this unparalleled study of expert evidence and criminal jury trials

The post The art of persuasion appeared first on OUPblog.

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13. Infiltrating the Dark Web

Law enforcement agencies are challenged on many fronts in their efforts to protect online users from all manner of cyber-related threats. Through constant innovation, cybercriminals across the world are developing increasingly sophisticated malware, rogue mobile apps and more resilient botnets. With little or no technical knowledge, criminals now occupy parts of the Internet to carry out their illegal activities within the notorious Dark Web.

The post Infiltrating the Dark Web appeared first on OUPblog.

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14. Gender politics of the generic “he”

There’s been a lot of talk lately about what pronouns to use for persons whose gender is unknown, complicated, or irrelevant. Options include singular they and invented, common-gender pronouns. Each has its defenders and its critics.

The post Gender politics of the generic “he” appeared first on OUPblog.

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15. Cartoonist Faces Up To 25 Years in Prison For Failed ‘Kung Fu Panda’ Lawsuit

The FBI alleges that a Massachusetts cartoonist falsely claimed that DreamWorks stole his characters and story for "Kung Fu Panda."

The post Cartoonist Faces Up To 25 Years in Prison For Failed ‘Kung Fu Panda’ Lawsuit appeared first on Cartoon Brew.

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16. The Department of Labor awakens

At President Obama’s urging, the US Department of Labor (DOL) has proposed a new regulation condoning state-sponsored private sector retirement programs. The proposed DOL regulation extends to such state-run programs principles already applicable to private employers’ payroll deduction IRA arrangements. If properly structured, payroll deduction IRA arrangements avoid coverage under the Employee Retirement Income Security […]

The post The Department of Labor awakens appeared first on OUPblog.

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17. Over a century of great judicial writing [infographic]

Over the last century, many judges have paved the way for great judicial writing. In Point Taken: How to Write Like the World’s Best Judges, author Ross Guberman examines the cases and opinions of 34 acclaimed judges, focusing on their use of figurative language, vivid examples, grammar, and other writing techniques.

The post Over a century of great judicial writing [infographic] appeared first on OUPblog.

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18. International law at Oxford in 2015

It's been another exciting year for international law at Oxford University Press. We have put together some highlights from 2015 to reflect on the developments that have taken place, from scholarly commentary on current events to technology updates and conference discussions.

The post International law at Oxford in 2015 appeared first on OUPblog.

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19. Cyber terrorism and piracy

As the analysis reaches deeper behind the recent Paris attacks, it has become clear that terrorism today is a widening series of global alliances often assisted and connected via cyber social media, and electronic propaganda.

The post Cyber terrorism and piracy appeared first on OUPblog.

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20. ‘The Last Unicorn’ Scribe Peter S. Beagle Sues His Manager for Elder Abuse And Fraud

In many ways, Beagle's story -- an artist, taken in by a con artist -- is as classic as his writing.

The post ‘The Last Unicorn’ Scribe Peter S. Beagle Sues His Manager for Elder Abuse And Fraud appeared first on Cartoon Brew.

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21. John Inazu on Korematsu vs. the United States

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John Inazu (author of Confident Pluralism: Surviving and Thriving through Deep Difference) and Karin Tani recently published an op-ed at the Los Angeles Times, “The Japanese American internment decision: A dangerous relic,” on the anniversary of the Korematsu vs. the United States verdict, and the ominous legal precedent it established. A frightening direct quotation from later in the piece: “Last year, Supreme Court Justice Antonin Scalia told law students at the University of Hawaii that ‘of course Korematsu was wrong,’ but ‘you are kidding yourself if you think the same thing will not happen again.'”

***

Friday marks the anniversary of one of the most infamous legal decisions in the history of our country, Korematsu vs. United States.

Seventy-three years ago, during World War II, the United States government forcibly removed 110,000 Japanese Americans from their homes and confined them in detention camps. Loyal citizens lost their property and liberty, based solely on their ancestry. The Korematsu decision validated that action: Relying on a deeply flawed evidentiary record — which included blatant racial animus, hyperbolized threats and misrepresentations by government lawyers — the Supreme Court ruled that the need to protect against the threat of espionage outweighed individual rights.

The federal government has since acknowledged the injustice of Japanese American internment, through reparations, monuments and even a “confession of error” from an acting solicitor general, Neal Katyal, in 2011. As grandchildren of detainees, we can attest to the value of these gestures.

But as law professors, we must acknowledge another truth: The high court has never formally overruled Korematsu, and indeed has declined opportunities to revisit its decision. In law-school-speak, Korematsu remains “good law,” despite widely acknowledged “bad facts.”

We wish we could say that in 2015, Korematsu is a relic—that it survives as a mere technicality and has no real import. But we know better. Our legal system relies heavily on precedent, meaning that even a discredited opinion is a danger if it remains on the books.

To read more from the op-ed, click here.

To read more about Confident Pluralism, click here.

To read more

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22. The ISIS emergence: Enemy of the international community

Labeling ISIS simply a terrorist organization or an apocalyptic sect of fanatics does very little in terms both of explaining and of confronting the phenomenon. What – among other things – lies at the basis of its emergence, behind and through its acts of brutality, is a different vision of international community, one hostile to that which the vast majority of states and international organizations share.

The post The ISIS emergence: Enemy of the international community appeared first on OUPblog.

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23. Oxford Law Vox: deposit protection and bank resolution

In this episode of the Oxford Law Vox podcast, banking law expert Nikoletta Kleftouri talks to George Miller about banking law issues today. Together they discuss some of the major legal and policy issues that arose from the financial crisis in 2008, including assessing systemic risk and whether the notion of “too big to fail” is on the road to extinction.

The post Oxford Law Vox: deposit protection and bank resolution appeared first on OUPblog.

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24. Reflecting on international human rights law

The 50th anniversary of the adoption of the Universal Declaration of Human Rights on December 10th this year prompted some reflections and grounds for concern about international human rights law.

The post Reflecting on international human rights law appeared first on OUPblog.

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25. Top five holiday-related crimes

The holiday season is a time for sharing, spreading peace, and promoting goodwill... but it's also a time went tempers fray, people over-indulge and the outright criminal elements of society take advantage of spirit of the season to wreak havoc. Here are five of the most appalling holiday crimes, from opening presents early, right through to Santacide (not really).

The post Top five holiday-related crimes appeared first on OUPblog.

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