FID Recht - 340 - Recht

Lokvalbetrapping in die Suid-Afrikaanse reg

2026-06-05T12:14:59+00:00

Text in Afrikaans ; Alhoewel die lokvalstelsel as misdaadbekampingsmetode lank reeds bestaan, is die toepassing daarvan nog altyd kontroversieE!I. Hierdie omstredenheid is die laaste paar jaar op die voorgrond gedryf deur 'n Regskommissie-ondersoek, sowel as deur die aanvaarding van 'n Handves van Menseregte. Ondersoek word ingestel na hierdie omstredenheid deur te kyk na die inhoud en toepassing van die stelsel, sowel as na die rol wat private persona, die polisie en die hot by die stelsel spee[...]

Aspekte van die onafhanklikheid van die strafhowe : 'n regsvergelykende ondersoek

2026-06-05T12:14:59+00:00

Text in Afrikaans ; Summaries in Afrikaans and English ; Die beginsel van die onafhanklikheid van die regbank word verskans in die Grondwet van die Republiek van Suid-Afrika van 1996. 'n Onafhanklike regbank is noodsaaklik ten einde te voldoen aan die primere funksie van die regbank, naamlik die bewerkstelliging van geregtigheid. Openbare vertroue in die onafhanklikheid van die regbank verhoog die legitimiteit van hierdie instelling, wat noodsaaklik is vir nakoming en eerbiediging van die howe s[...]

Forest management and conservation in Kenya: a study of the role of law in the conservation of forest resources

2026-06-05T12:14:59+00:00

Public, Constitutional and International Law ; LLD

Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)

2026-06-05T12:14:59+00:00

Text in Afrikaans, abstract in English ; Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983 against the backdrop of the South African common law and the common law of comparative legal systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural father does not have parental power which weakens his legal position. In analysing the judgement of the Constitutional Court, writer criticises the court for stating that i[...]

A Comparative Critical Analysis of the Effectiveness of Remuneration Committees in the determination of Executive Remuneration in South Africa

2026-06-05T12:14:59+00:00

Over the years, executive remuneration has been significantly increasing, and several jurisdictions have established specific corporate governance measures to manage this remuneration. Establishing effective remuneration committees is one of the measures that could be used to curtail the spiralling of executive remuneration. This article examines the role of remuneration committees, their effectiveness in setting executive remuneration, and how they are regulated in South Africa. The article aim[...]

Some comparative aspects of corporate rescue in South African company law

2026-06-05T12:14:59+00:00

South African company law has provided for the rescue of financially distressed companies since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 46 of 1926. Unfortunately, judicial management has never been regarded as a successful corporate rescue procedure and for most of its existence it has been severely criticised on many grounds. The Companies Act 61 of 1973 that replaced the Companies Act 46 of 1926 did very little to improve this situation and [...]

Die dekriminalisering van dagga in Suid-Afrika

2026-06-05T12:14:59+00:00

Text in Afrikaans ; Summaries in Afrikaans and English ; Na meer as veertig jaar het Suid-Afrika 'n nuwe politieke bedeling wat veranderde wetgewing in die vooruitsig stel. 'n Oorweging van 'n dekriminaliseringsbeleid vir die gebruik van dagga, beskou teen die agtergrond van 'n toename in emstige misdaad soos moord, gewapende roof, taxigeweld en verkragting, weerspieel die realiteite van vandag se oorweldigende misdaadprobleem in Suid-Afrika. Een van die belangrikste take van die kriminoloog is [...]

A critical analysis of the effect of business rescue on the liability of sureties

2026-06-05T12:14:59+00:00

Mercantile Law ; LL. M. (Corporate Law)

Arbitration of family law issues : a useful adjunct to mediation and the court process

2026-06-05T12:14:59+00:00

For over half a century now section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article, it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the[...]

Regulation of public procurement in Zimbabwe : an analysis of its international obligations

2026-06-05T12:14:59+00:00

Text in English ; The adoption of the new constitution in 2013 led to the constitutionalisation of public procurement in Zimbabwe. The Constitution is the principal source of law in Zimbabwe. This set in motion a series of legislative reforms to realign public procurement with con-stitutional prescriptions. The principal objective of the study was to establish whether Zimbabwe’s procurement regulatory framework complies with what is set out in section 315(1) as read together with section 195(2) [...]

Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa

2026-06-05T12:14:59+00:00

The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is[...]

Law and policy regulating educator-on-learner sexual misconduct

2026-06-05T12:14:59+00:00

Educational Leadership and Management

Fundamenteel-agogiese evaluering van die Afrikaanse Christen-Studentevereniging

2026-06-05T12:14:59+00:00

Text in Afrikaans ; Summaries in both Afrikaans and English ; Religiositeit is 'n antropiese ontisiteit en kinders word in 'n bepaalde geloof opgevoed. 'n Christelik-Protestantse perspektief van godsdiensopvoeding word aangebied. Die betrokke opvoedingsmoveerders en hul verhouding tot mekaar word bespreek. Ter aanduiding van wat jeugdige-wees wesenlik kinder-antropologiese kategoriee beskryf, is, word bepaalde gevolg deur 'n sinkroniese en 'n diakroniese perspektief van godsdienswording. Die hed[...]

Necessity of nature conservation legislation and the enforcement thereof in the Gauteng Province

2026-06-05T12:14:59+00:00

This study examines the need for nature conservation legislation and the enforcement thereof in the Gauteng province. The study commences with an in depth examination of the historical background to nature conservation and nature conservation legislation in order to explain why the present condition exists. Some of the guidelines of the Reconstruction and Development Programme (RDP) are considered in this regard as well as fines and penalties that are inadequate as deterrents for contraventions [...]

The jurisdictional conflict between labour and civil courts in labour matters : a critical discussion on the prevention of forum shopping

2026-06-05T12:14:59+00:00

The Labour Relations Act 66 of 1995 provides an elaborate dispute resolution system which seeks to resolve disputes in a speedy and cost-effective manner. However, this system is faced with a number of challenges. The application of common law and administrative law causes tension between the Labour Court and civil courts. It creates uncertainty in the development of our labour law jurisprudence and also leads to the problem of forum shopping. These problems in effect undermine the objectives of[...]

The Critical Concept of International Intellectual Property Law as the Encryption of Disparity for Africa in the Global Market

2026-06-05T12:14:59+00:00

Intellectual Property law has become the basis of a global market. The intensifying change needs of knowledge in the global economy has significant implications for Africa’s role in the global market. ; NRF ; College of Law

The clean break principle

2026-06-05T12:14:59+00:00

This short dissertation briefly examines the English law statutory provisions and the English judicial approach relating to the clean break principle. A comparison between English law and South African law (in particular s 7 of the Divorce Act 70 of 1979) shows the latter to allow the application of the clean break principle, but rigidity in the legislative wording and further rigidity in the wording by the courts result in the clean break principle not being a dominant feature of South African [...]

The extra territorial application of South African competition law : lessons from the European Union and the United States

2026-06-05T12:14:59+00:00

Law ; LL.M.

Patent ownership : rights to employee inventions

2026-06-05T12:14:59+00:00

A patent is an intellectual property right granted as a reward for the labours of the inventor so as to commercially exploit the invention in return for disclosure of the invention. The benefits of the patent system find perfect expression in the employment situation since the employer is better equipped to exploit the invention through provision of resources and capital whereas the employee is provided with an opportunity to develop his technical know-how. A comparative study of the laws pertai[...]

The powers of a peace officer to arrest a suspect without a warrant, detain and use force : its constitutionality and consequences on the rights of a suspect

2026-06-05T12:14:59+00:00

Peace officers are empowered to arrest without a warrant, detain and use force on suspects. Suspects are guaranteed protection and promotion of their constitutional rights and any act that violates their constitutional rights will be unlawful. As a result of the unlawful actions of peace officers, suspects are subjected to poor conditions in police station holding cells. Consequent to the unlawful actions of peace officers, suspects are entitled to institute civil claims for damages. However, th[...]

The harmonisation of good faith and ubuntu in the South African common law of contract

2026-06-05T12:14:59+00:00

The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereig[...]

Revisiting assisted suicide or euthanasia in South Africa from a dignity perspective : a comparative analysis

2026-06-05T12:14:59+00:00

Euthanasia has been a contentious issue in South Africa and around the world for a long time. Despite some request for the decriminalisation of euthanasia in South Africa, it remains an illegal and a criminal offence in terms of South African Common Law. This means that anyone who is found assisting or having assisted a patient to take his/her own life will be guilty of murder. Despite challenges regarding the decriminalisation of euthanasia in South Africa, this study demonstrates how other con[...]

Improving the governance of mineral resources in Africa through a fundamental rights-based approach to community participation

2026-06-05T12:14:59+00:00

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It [...]

The role of volunteers in the transformation of the South African criminal justice system

2026-06-05T12:14:59+00:00

The history of the criminal justice system in South Africa, in the last decade is a history dominated by the desire for change and transformation. It will be remembered that we are talking of a system which, in the past, formed part of the State apparatus of a minority government which included racist elements and highly restrictive legal regime in dealing with communities, crime and criminals. The criminal justice system is constituted by four core departments, namely: the South African Police [...]

The need for decriminalization of the use of cannabis : a comparative legal study

2026-06-05T12:14:59+00:00

The research determined if constitutional justification existed for the decriminalisation of the use of cannabis for medical and recreational purposes. Various constitutional values were employed when deciding on the limits of decriminalisation of the use of cannabis. The right to freedom, the right to privacy, dignity and equity were the constitutional rights used by the applicants in the Prince cases to justify the decriminalisation of cannabis use in South Africa. The study provides an in-dep[...]

A comparative analysis of the equalisation of pension benefits under South African and German law

2026-06-05T12:14:59+00:00

The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was an investigation in 1984, on: "the possibility of making provisions for a divorced woman to share in the pension benefits of her former husband ". This investigation came about, in South Africa, after the matter had already been accepted, in many foreign legals systems, as a well[...]

Evaluating the copyright protection of databases in the information age : a comparative perspective between South Africa and the European Union

2026-06-05T12:14:59+00:00

This dissertation evaluates the copyright protection of databases in the information age. The dissertation provides a comparative analysis of the copyright protection of databases in the European Union and South Africa. The European Union is chosen as a comparative jurisdiction owing to its diametrically opposed systems of protecting databases. The two European Union systems are critically analysed and compared to the system of protecting databases in South Africa. The dissertation also consider[...]

The unique constitutional position of the Prosecutor-General of Namibia and the effect of the independence of the office on the functioning of the prosecuting authority in relationship with the Ministry of Justice and the Attorney-General

2026-06-05T12:14:59+00:00

Law ; LL.M.

Aspects of traditional securitisation in South African law

2026-06-05T12:14:59+00:00

This thesis considers the typical structure and requirements of a traditional securitisation scheme in South Africa. The models used in other jurisdictions cannot be applied unchanged in South Africa. South African securitisation structures make use of a security special purpose vehicle (SPV), because of uncertainties about the provisions of the Companies Act 61 of 1973 relating to the trustee for debenture-holders. An evaluation of the functioning of a security SPV leads to the conclusion that [...]

The criminalization of prostitution in South African criminal law

2026-06-05T12:14:59+00:00

The issue of the criminalization of prostitution raises all kinds of legal questions, especially in South African law. Governments have adopted different positions regarding prostitution. South Africa has tried, by means of law, to crack down on prostitution. This dissertation discusses the question of prostitution as provided by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957. Whether criminalization is the indicated way to lessen or eliminate prostitution determines the focus of the discuss[...]

A legal analysis of the governance and management of natural resources in Africa: the cases of Nigeria and South Africa

2026-06-05T12:14:59+00:00

The UN Resolution 1803 of 1962 on Permanent Sovereignty over Natural Resources (PSNR) was a catalyst for rethinking the ownership and governance of natural resources. In terms of the Resolution, the state is at the centre of the ownership and governance of natural resources, as prescribed by international law and the relevant municipal laws, to create and sustain socio-economic development for its people. Africa is endowed with vast natural resources, yet Africa remains the most socio-economical[...]

South African indigenous courts : challenge for the future

2026-06-05T12:14:59+00:00

The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The development of indigenous courts in South Africa is broadly outlined. As an analogy to the South African court system, the courts of Lesotho, Swaziland and Botswana are used to illustrate the dual systems of courts. Rapid urbanisation is discussed to illustrate that despite [...]

From Protracted Conflict to Sustainable Peace? ... : The Humanitarian-Development-Peace Nexus and International Law ...

2026-06-02T13:17:26+00:00

Across the globe, the number of protracted armed conflicts is rising, with many societies enduring the consequences of violence and conflict-related socio-economic disruption for decades. These enduring conflicts present complex and evolving challenges—legal, (geo)political, institutional, humanitarian, developmental, and environmental—that demand new approaches. In response, policy frameworks increasingly advocate for the so-called Humanitarian-Development-Peace Nexus (the 'Triple Nexus'), whic[...]

Freundschaft im Strafrecht ... : Friendship in criminal law ...

2026-06-02T13:17:26+00:00

Die Dissertation "Freundschaft im Strafrecht" geht in einem interdisziplinären Ansatz der Frage nach, welche Bedeutung die Freundschaft für das Strafrecht hat. Nach zunächst überwiegend sozialwissenschaftlichen Betrachtungen zur Frage, was eine Freundschaft überhaupt ist, wird auf Basis dieser Feststellungen in einer Umfrage sodann der tatsächliche Erwartungshorizont an eine Freundschaft empirisch beleuchtet. Im dritten Abschnitt der Arbeit wird schließlich die Bedeutung der so erörterten Freund[...]

Das Recht der Freileitung im Spannungsfeld planerischer, technischer und ökologischer Anforderungen ... : The law of overhead power lines in the field of tension between planning, technical and ecological requirements ...

2026-06-02T13:16:36+00:00

Energy policy in Germany has changed radically in the past few years. The focus is shifting more and more to renewable energies. Their percentage of total energy production will continue to rise in the future. The background to this is the implementation of the Federal Government's climate policy goals: The 2010 Energy Concept for an Environmentally Friendly, Reliable and Affordable Energy Supply aims to reduce greenhouse gas emissions by 40% by 2020 and by as much as 80%by 2050 compared with 19[...]

Ein System von zehn Büchern ... : Zivilreligion. Naturethik. Rechtstheorie. Fragmentarischer Universalismus? Gegründet auf Information? ...

2026-06-02T12:28:30+00:00

„System“ stammt von altgriechisch sýstēma ab und meint ein aus mehreren Einzelteilen zusammengesetztes Ganzes. Als solches bietet es mehr als die bloße Summe der Einzelteile. Es birgt also den Gedanken des Holismus, also der Bedeutung des Ganzen, mit in sich. Angeboten wird ein Überblick über das System und Abstracts von zehn Büchern, die bereits in drei Buchreihen erschienen sind. Der Grundansatz der drei Reihen gibt im Anschluss den Anlass zur Frage nach einem „fragmentarischer Universalismus“[...]

A System of Ten Books ... : Civil-Religion. Nature Ethics. Legal Theory. Fragmentary Universalism? Based on Information? ...

2026-06-02T12:28:30+00:00

“System” derives from the Ancient Greek word “sýstēma” and refers to a whole composed of several individual parts. As such, it offers more than the mere sum of its parts. It thus embodies the idea of holism, that is, the significance of the whole. This volume provides an overview of the system and the abstracts of ten books that have already been published in three book series. The fundamental approach of the three series subsequently raises the question of a “fragmentary universalism“, specific[...]

Mining the Web for Law Related Jobs in Intellectual Property in the United States

2026-05-29T06:24:20+00:00

Intellectual property law has remained the hottest practice group for over a decade; it is one of the fastest-growing and most exciting fields today. The trend was clearly recognized as early as 1995 in an article Lesley Ellen Harris. 2 As far back as 1997, according to The National Law Journal, IP has been reported to be the most highly compensated segment of the legal profession for both trial and non-trial attorneys. 3 This article examines the process of finding IP jobs on the web.

A Better Path for Constitutional Tort Law

2026-05-29T06:24:20+00:00

The Supreme Court has repeatedly said that 42 U.S.C. section 1983 creates no substantive rights, but only remedies for rights created elsewhere (primarily in the Constitution). But at the same time, the Court has avoided difficult immunity problems by construing the statute to permit claims against individuals in their individual capacities - i.e., as jural entities entirely separate and distinct from the government. The Court has thus created a contradiction. For if we are to take seriously the[...]

Verbose, Disorganized Documents Taint Quality of Legal Analysis

2026-05-29T06:24:20+00:00

This is part one of a two-part article that summarizes and analyzes a recent survey of lawyers, judges and judicial clerks on the quality of legal writing in New Hampshire. Respondents reported on the number of hours spent reading other lawyer’s legal writings each week and rated their writing in terms of clarity, concision and the quality of their legal citations.

Bullying Trends in the United States and an Analysis of the Impact of Prevention Programs on Bullying Subtypes and Gender

2026-05-29T06:24:20+00:00

This three-article dissertation presents three standalone articles that address bullying trends over time within the United States (US), gaps in bullying prevention program outcomes (both within the US and internationally), and the role of study and methodological features on the findings. The first article used meta-regression to establish trends in different types of bullying involvement from 1998 to 2017, identified factors that help explain variation in bullying trends, and determined differ[...]

Professor Thomas G. Field, Jr.: Pioneer in Intellectual Property Education, Teacher, Mentor, and Scholar

2026-05-29T06:24:20+00:00

It is almost an impossible endeavor to summarize the forty plus year career of Thomas G. Field, Jr. Regarding this inquiry, Field might say, "If you want to know what I have done, look at my C. V. on the web!" His ten page, single-spaced "Abbreviated Curriculum Vitae" only sets the factual stage for the incredible career that spanned the entire life of the University of New Hampshire School of Law ("UNH School of Law" or "UNH Law"). The real story is only told by Field himself, his contemporarie[...]

Pledge Your Body for Your Bread: Welfare, Drug Testing, and the Inferior Fourth Amendment

2026-05-29T06:24:20+00:00

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisp[...]

An Equal Rights Amendment to Make Women Human

2026-05-29T06:24:20+00:00

[Excerpt] “I can state with some authority that two times fourteen is twenty-eight, flouting the stereotype that women are inept at mathematics and simultaneously framing my argument in favor of an Equal Rights Amendment (ERA). Though the Fourteenth Amendment' provides women with partial legal armament (a dull sword, a small shield), equal protection requires something twice as powerful in the form of a Twenty-Eighth Amendment that would expressly vest women with equal rights under the law. The [...]

Pornography, Coercion, and Copyright Law 2.0

2026-05-29T06:24:20+00:00

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates t[...]

Stolen Valor & the First Amendment: Does Trademark Infringement Law Leave Congress an Opening?

2026-05-29T06:24:20+00:00

This paper elaborates an argument the authors presented in an amicus brief filed in United States v. Alvarez, the "Stolen Valor" case. The paper contends that Congress could constitutionally protect the Congressional Medal of Honor as a collective membership mark by means of trademark infringement legislation.

Managing Law Firm Politics: A Reflection for Newer Lawyers Practicing in Law Firms

2026-05-29T06:24:20+00:00

Much has been written about lawyers’ ethical obligations to clients and their professional responsibilities to the court and opposing counsel. But little has been written about navigating the sometimes treacherous waters of law firm politics. Whether the “law firm” is the AG’s or Public Defender’s office, a large or small private practice, or a public interest non-profit, we all have to “get along” with our colleagues down the hall, sometimes for decades.

Iqbal, al-Kidd and Pleading Past Qualified Immunity: What the Cases Mean and How They Demonstrate a Need to Eliminate the Immunity Doctrines from Constitutional Tort Law

2026-05-29T06:24:20+00:00

The Supreme Court’s decisions in Ashcroft v. Iqbal and Ashcroft v. al-Kidd contain issue-framing statements indicating that a constitutional tort plaintiff is required to plead facts sufficient to establish the inapplicability of the qualified immunity defense. Yet, framing the issue in this way ignores the Court’s earlier decisions in Gomez v. Toledo and Crawford-El v. Britton and is at odds with the established law of pleading; a plaintiff is not required to anticipate an affirmative defense a[...]

Researching New Hampshire 's Version of Uniform and Model Laws

2026-05-29T06:24:20+00:00

Many of New Hampshire's laws are based on uniform or model laws. This article briefly discusses ways to research this topic for New Hampshire, provides some historical background, and discusses research specifically for our most noteworthy events in this area, the adoption of the New Hampshire's version of the Uniform Commercial Code and the revision of our criminal code which was based in large part on the Model Penal Code.

A Miscarriage of Juvenile Justice: A Modern Day Parable of the Unintended Results of Bad Lawmaking

2026-05-29T06:24:20+00:00

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit at[...]

What Constitution says about peaceful transfer of power

2026-05-29T06:24:20+00:00

[excerpt] I recently was asked whether the Constitution requires a peaceful transfer of power following an election. Sadly, the questions is not merely theoretical. President Trump has stated that, if he loses the upcoming election, it will be through fraud. And he has made it clear that he will be unrestrained in his response to any efforts to oust him from office through an election he pronounces fraudulent. The question of whether the Constitution requires a peaceful transfer of power prompts[...]

Biotechnology Patent Law Top Ten of 2019: Secret Sales, Denied Appeals, and the Promise of Coronavirus Cures

2026-05-29T06:24:20+00:00

Accordion player in the USSR, ca. 1932-1933

2026-05-29T06:24:20+00:00

Photograph of an accordion player, taken by Lotte Jacobi in the USSR, ca. 1932-1933. A man wearing a short-sleeve collared shirt is sitting on a bench padded with hay playing an accordion. A man to his right wearing a flat cloth cap is looking at the accordion. ; https://scholars.unh.edu/jacobi_ussr_central_asia/3556/thumbnail.jpg

Law enforcement's reconceptualization of juvenile prostitutes from delinquency offenders to child sexual abuse victims in six US cities

2026-05-29T06:24:20+00:00

The involvement of youth in prostitution has proven to be a difficult and complex issue for law enforcement, child welfare, and social service agencies to confront. This stems from the complicated social and legal aspects of the problem, which have created considerable ambiguity in how to recognize, define and, ultimately, handle juveniles engaging in prostitution. This research project examined how juvenile prostitutes were conceptualized by law enforcement, as victims or offenders, by examinin[...]

Professor Bryan Harris Remembered: "Volez" to a Pierce Law Friend

2026-05-29T06:24:20+00:00

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce[...]

Intellectual Property Research: From the Dustiest Law Book to the Most Far off Database

2026-05-29T06:24:20+00:00

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled h[...]

Pervasive Infancy: Reassessing the Contract Capacity of Adults in Modern America

2026-05-29T06:24:20+00:00

This article argues that the law of consumer contracts should permit adults to access the same protections available to children where data about adult performance indicates that the two categories of people are similarly situated within the domain of consumer contracts. In making this claim, this article relies upon a description of capacity articulated by Professor Martha Nussbaum in her important work on the subject. Professor Nussbaum explains that capacity is a function, not only of a perso[...]

The relationship between the public institute of higher education and the student: Philosophical issues raised by current alcohol consumption policies

2026-05-29T06:24:20+00:00

This thesis focuses on current issues in public institutes of higher education (IHE) regarding policy and enforcement of alcohol consumption regulations for students. The unique nature of higher education in which some of the students are not of legal drinking age and some are, and the residential aspect of many public IHEs compounds the issue of policy development and enforcement. The challenge of developing a coherent approach to drinking is viewed through the two lenses of law and philosophy.[...]

Private Interests, Public Necessity: Responding to Sexism in Christian Schools.

2026-05-29T06:24:20+00:00

Abstract This synthetic review aims to unite a seemingly disjoint collection of studies over the past 3 decades around their shared examination of sexism in an often overlooked U.S. population, namely girls attending private Christian schools. This undertaking reveals substantial harms that I categorize as those of immediacy and potentiality, which are occurring behind the protective wall separating church and state. Contra the majority of philosophers of education and researchers in this area, [...]

Seek Justice, Not Just Deportation: How to Improve Prosecutorial Discretion in Immigration Law

2026-05-29T06:24:20+00:00

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant h[...]