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Laws on Paper vs. Law in Practice Berkeley Law

Details: Social practice is the foundation of laws, and laws encapsulate practical experience. Social practice is endless, and legislative work should also constantly move forward with the times. Building socialism with Chinese characteristics is a long-term historic task. Improving the socialist system of laws with Chinese characteristics is also a

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LL.M. Programs Berkeley Law

Details: Berkeley Law LL.M. (Master of Laws) is a general degree designed to prepare foreign lawyers for global practice. Our curriculum provides a strong foundation in the fundamentals of U.S. law while allowing for customization based on individual interests. Students can earn certificates of specialization in several areas of law, pursue eligibility

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V120913 Laws That Apply to Your Organization

Details: This table is designed to help you quickly identify which employment laws affect you. Use the following chart to determine which labor laws apply to you based on the number of employees you have. Law/ Requirement All Employers 2 or more 4 or more 5 or more 15 or more 16 or more 20 or more 25 or more 50 or more 75 or

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Myths of Get-Tough Law Berkeley Law

Details: In his brief before the Supreme Court in Graham vs. Florida, a constitutional challenge to laws permitting life sentences without the possibility of parole for very young minors, the attorney general now asserts that Florida’s 30 years of get-tough legislation are the reason juvenile crime rates have fallen since the mid 1990s.

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The Insurrection Act and Executive Power to Respond with

Details: to “execute the laws” unless there is an express constitutional or statutory exception.12 One longstanding exception, and the subject of this paper, is the Insurrection Act of 1807.13 A little over a year after Hurricane Katrina, Congress amended the Insurrection Act and

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California’s New Vagrancy Laws

Details: 592 laws restricting and criminalizing the four categories of activity listed above, or an average of more than 10 laws per city. Because some laws prohibit multiple types of activity, these 592 laws impose 781 separate restrictions on activities across the four categories, or …

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Citizens’ Rights, the Constitution and the Courts

Details: Citizens’ Rights, the Constitution and the Courts. The Chinese Constitution, like that of many other nations, proclaims the rights of citizens, but in practice does not support those rights: Unlike many other constitutions, the Chinese version can’t be used as the basis for a …

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Courses Berkeley Law

Details: Conflict of Laws Criminal Trial Practice Depositions Evidence Evidence: Advanced Topics Federal Courts Federal District Court Practice Forensic Evidence in Criminal Trials McBaine Moot Court Competition Mediation Multi-district Litigation: Class Actions & Mass Torts Negotiations Patent Litigation I Patent Litigation II: PTAB & ITC Pretrial

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Examining California Land Use Entitlements Berkeley Law

Details: California’s housing affordability crisis has rightly received a great deal of attention by state lawmakers, the press, academics, and ordinary Californians. Important questions raised in this discussion are: What laws or regulations might impede housing construction in high-cost areas? What solutions might help reduce those barriers with a minimum impact on other important values, such […]

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California Climate Policy Dashboard Berkeley Law

Details: State laws calling for preparation of state climate adaptation strategy, establishing OPR’s Integrated Climate Adaptation and Resiliency Program, requiring local governments to include adaptation and resiliency strategies in general plans, requiring state agencies to account for climate change when planning new infrastructure, and

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Berkeley Journal of Employment and Labor Law

Details: The Berkeley Journal of Employment and Labor Law ("BJELL") is the leading law review for employment and labor law scholarship. BJELL articles address a range of legal issues of interest to both scholars and practitioners. Topics include employment discrimination, labor law, public sector employment, employee benefits, and workforce participation.

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Trees and Power Lines

Details: 4 Trees and Power Lines: Minimizing Conflicts between Electric Power Infrastructure and the Urban Forest “Trees grow up. This is a law of nature.” 9 Conflicts between trees and power lines exist because electricity is conveyed through power lines at high

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Brent Appel '77 Named to Iowa Supreme Court Berkeley Law

Details: Brent Appel ’77 has been appointed to the Iowa Supreme Court by Governor Thomas Vilsack. An Iowa native, Appel clerked for the U.S. Court of Appeals for the District of Columbia Circuit following graduation from Boalt Hall, and served as deputy attorney general of Iowa from 1983 to 1986. Appel is a partner at Wandro, […]

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The Right to Parody and User-Generated Content

Details: ABSTRACTS | 156 The Right to Parody and User-Generated Content . Peter Yu . Kern Family Chair, Drake University Law School . Des Moines, IA . This article articulates the …

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University of California, Berkeley, School of Law 2000

Details: University of California, Berkeley, School of Law Small Law Firms That Hired Berkeley Law Students Directly Out of Law School 2000 - 2011 WEBSITE EMPLOYER NAME

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CURRICULUM VITAE ANGELA ONWUACHI-WILLIG ACADEMIC …

Details: 1 CURRICULUM VITAE ANGELA ONWUACHI-WILLIG University of California, Berkeley School of Law 215 Boalt Hall Berkeley, CA 94720 (cell) 641-510-2368

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INTERNATIONAL LAW AND THE WAR ON TERRORISM

Details: the laws of war apply. It has also determined that members of the al Qaeda terrorist network and the Taliban militia are illegal combatants under the laws of war, and so cannot claim the legal protections and benefits that accrue to legal belligerents, such as prisoner of war status under the Third Geneva Convention of 1949.2

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Eligibility & Admission Standards Berkeley Law

Details: Applicants for admission to the LL.M. program must have completed a regular curriculum at an accredited college and/or law school, and must hold a professional degree from a law school by the time they begin the LL.M. program at Berkeley Law. Degrees that meet this requirement include J.D., LL.B., and Bachelor of Laws. Applicants who […]

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1 An Introduction to Law and Economics

Details: laws. This theory surpasses intuition just as science surpasses common sense. The re-sponse of people is always relevant to making, revising, repealing, and interpreting laws. A famous essay in law and economics describes the law as a cathedral—a large, ancient, complex, beautiful, mysterious, and sacred building.8 Behavioral science

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Through the Decades: 1940s Berkeley Law

Details: Through the Decades: 1940s. The US exploded into World War II on December 7, 1941, but the drums of war had been echoing in the halls of Boalt for many months. As early as November of the previous year a student returned his alumni scholarship, explaining that he …

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The Medieval Law School Berkeley Law

Details: Like many great medieval legal scholars, Baldus was a Doctor utriusque iuris, trained in both laws. Beginning in mid-twelfth century, the term utrumque ius, “the one and the other law,” described the combined study of Roman civil and canon law. This tradition of dual study reflects the close relationship between two fields, and in

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THE COMMON LAW AND CIVIL LAW TRADITIONS

Details: the laws the courts could apply based on this system often were too rigid to adequately achieve justice. In these cases, a further appeal to justice would have to be made directly to the king. This difficulty gave birth to a new kind of court, the court of equity, also known as the court of …

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Targeting Laws That Afflict Homeless People in California

Details: Professor Jeff Selbin, Lindsay Walter ’16, Nathaniel Miller ’16, and public policy student Marina Fisher. By Andrew Cohen A new report by Berkeley Law’s Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. The report details how more and more city ordinances—and the overzealous enforcement of them—are targeting […]

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Security Breach Notification Laws Report Berkeley Law

Details: The laws have also empowered chief security officers to implement new technologies, including encryption and auditing measures, to protection for personal data. The chief security officers interviewed also reported that security hasn’t permeated the consumer marketplace, and accordingly, consumers don’t consider security in comparing

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Through the Decades: 1950s Berkeley Law

Details: Through the Decades: 1950s In 1954 with its decision in Brown v.Board of Education, the United States Supreme Court ruled on racial discrimination in public schools, but four years before that (and twenty-four years before Bakke), Boalt Hall was caught up in a controversy concerning the role of racism in the admission of minority law students.. The decision in Brown was written by Boalt

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Roman Legal Tradition and the Compilation of Justinian

Details: Law in Early Rome and the Republic Long before the Roman Republic was established in 509 bce, the early Romans lived by laws devel-oped through centuries of custom. This customary law (ius, in Latin) was handed down through generations and was considered by the Romans to be an inherited

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LL.M. Law & Technology Certificate Berkeley Law

Details: The Berkeley Center for Law & Technology offers a specialized certificate program for LL.M. students that recognizes successful completion of a course of study focused on technology law. DEADLINE: The final deadline for submitting the application is July 1 of the student’s graduation year. However, if students wish to be noted in the graduation program […]

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CHAPTER II A BASIC NTRODUCTION TO TRANSNATIONAL LAW

Details: law merchant, and the conflict of laws. Today, some of these topics have been domesticated, while new rules of international law have emerged in areas like human rights. One may begin to understand what is meant by “international law” today by considering the directions given to the International Court of Justice by Article 38 of its

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Uses and Abuses of Drug Decriminalization in Portugal

Details: international laws. Specifically, both Spain and Italy ceased imposing criminal sanc-tions for possession of small quantities of any psychoactive substances decades ago (MacCoun and Reuter 2001).5 More generally, Portugal’s decriminalization statute is congruent with broader European and global trend toward the adoption of laws that

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California's Constitutional Right to Privacy

Details: reviewing state and local laws); William J. Brennan, Jr., The Bill of Rights and the States, 36 N.Y.U. L. REV. 761, 777 (1960) (stating "It is reason for deep satisfaction that many of the states effectively enforce the counterparts in state constitutions of the specifics of the Bill of Rights.

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From Father’s Property To Children’s Rights: A History of

Details: Most states adopted laws conferring an equal status on the custodial rights of mother and father with a favorable attitude toward joint custody. Biological parents gained rights over the growing numbers of non-biological parents, particularly stepparents and foster parents, who were, in fact, raising the children as traditional families broke down.

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Sexual harassment laws in Australia: An overview 1.

Details: These laws are embedded in a broader anti-discrimination framework. With no bill of rights or Constitutional guarantee of equality, Australian anti-discrimination laws are our primary means of protecting equality rights. Despite these laws, sexual harassment remains a pervasive problem in public life. Survey data shows a

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Italy legislation on sexual violence and sexual harassment

Details: 1 Italy – legislation on sexual violence and sexual harassment 1. Definitions a. Sexual Violence (Violenza Sessuale) Italian legislation places sexual violence among the crimes against personal freedom. Law 66 of 1996

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From Race Preferences to Race Discrimination: Does

Details: preference laws.6 Despite internal and external criticisms and concerns about the consequences, public institutions responded to the passage of anti-preference laws by eliminating the components of their admissions policies that allowed the explicit consideration of race. 7 At the time these state anti-preference laws were

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Supreme Court gives itself power to invalidate law

Details: This opinion represents the first time the court has so evidently given itself the power to invalidate laws because they were not “proper.”. Depending on one’s perspective, the court either properly reined in an overreaching Congress or we are one step further from a representative democracy than we were before the decision was rendered.

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From Father’s Property To Children’s Rights: A History of

Details: The Elizabethan poor laws and, later on, common law and statutes, added the duty of maintenance and support.’ Mutuality was contrary to Roman law, where the father enjoyed absolute power, and in the early Roman republic, according to the historian Dionysius, “the atrocious power of putting his children to death, and of selling them three

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Structuring International Data Privacy Law

Details: privacy law that “the current patchwork of narrowly-focused sectoral laws and voluntary self-regulation cannot be relied upon to provide adequate protection” for data transferred from EU). 9 The decisive move was made in 2015 by the European Court of Justice’s Schrems decisions, which

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Auto Lenders’ Use of GPS Tracking and Kill Switches

Details: The FTC may be investigating whether use of these devices violate debt collection laws which prohibit making false threats to force consumers to make payments. If a lender prematurely disables a car to induce a customer to pay up, this could potentially constitute an illegal practice.

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Can Voter ID Laws Be Administered in a Race-Neutral Manner

Details: of whites, blacks, and Hispanics support voter ID laws (e.g., Alvarez et al., 2010). Because of the obvious partisan consequences of the stringency of bal-lot access laws generally and ID requirements in particular (Erikson and Minnite, 2009), as well as the incentives partisans have to manipulate the

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A Celebration of Berkeley Law’s New Faculty Chair Holders

Details: A Celebration of Berkeley Law’s New Faculty Chair Holders. The intellectual aspirations of law faculty emerged in full display last month, as Berkeley Law honored five of its own. The distinguished scholars are the new recipients of endowed faculty chairs, chosen for their contributions to …

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National Guidelines on Management of Sexual Violence in Kenya

Details: address sexual violence. Kenya has put in place provisions for laws and policy documents emanating from specific sectors, including: The Sexual Offences Act 2006, the National Policy on Gender and Development and National Reproductive Health Policy and the National Reproductive Health Strategy. These policy documents have provided the

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LAURIE NSIAH-JEFFERSON

Details: Reproductive Laws, Women of Color, and Low-Income Women LAURIE NSIAH-JEFFERSON Introduction Reproductive rights, like other rights, are not just a matter of abstract theory. How these rights can be exercised and which segments of the population will be allowed to exercise them must be considered in light of existing social and economic conditions.

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Witch Trials in Early Modern Europe and New

Details: Witch Trials in Early Modern Europe and New England Our video exhibit, Witch Trials in Early Modern Europe and New England was adapted from material included in our Famous Trials and their Legacy exhibit, held from August 14–September 20, 2008.The video is available at the bottom of the page, below the text and images from the original exhibit.

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The Medieval Law School

Details: continued to issue laws, these were rarely incorporated into the body of civil law; the Digest, Code, Institutes, and Novella remained fixed. Church law, however, con - tinued to be made. In 1234, pope Gregory IX charged the Dominican friar Raymond de Peñafort with cre-ating a definitive compilation of papal decretals. The

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PASSIVE VOTER SUPPRESSION

Details: A recent spate of election laws tightened registration rules, reduced convenient voting opportunities, and required voters to show specific types of identification in order to vote. Because these laws make voting more difficult, critics have analogized them to Jim-Crow era voter suppression laws.

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COVID-19 and Speedy Trial

Details: 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously

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