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Articles 121 - 150 of 11743
Full-Text Articles in Entire DC Network
The Ecb And Target 2 - Securities: Questions On The Legal Basis, Marco Lamandini
The Ecb And Target 2 - Securities: Questions On The Legal Basis, Marco Lamandini
Marco Lamandini
The current European system of securities’ clearing and settlement is still rather fragmented along national boundaries, thereby making cross border operations costly and less efficient. As a response to this, the European Central Bank (“ECB”) is launching the project of a centralized public securities’ settlement platform, called “Target 2 Securities” (“T2S”), which would entitle each participant to settle, through a single Target2 account, any securities’ transaction performed through a Central Securities Depository that provides for settlement in central bank money in Euro. The legal basis of T2S is to be found in Article 105 (2) of the EC Treaty and, …
Vol. 31, No. 14 (December 4, 2006)
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Washington Journal of Law, Technology & Arts
Two businesses that advertise online, Lane's Gifts and Collectibles and Advanced Internet Technologies, recently filed lawsuits against Google, and other intermediaries that offer sponsored advertising services. The companies allege that these intermediaries failed to adequately protect them against "click fraud." Click fraud refers to the practice whereby competitors and other persons may click to view an online ad with no intention of buying, learning about the advertiser's services, or engaging in any other action that the ad aims to achieve. Plaintiffs allege that the intermediaries breached their contractual duties by charging the companies whose ads they hosted for fraudulent clicks, …
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Washington Journal of Law, Technology & Arts
Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
Washington Journal of Law, Technology & Arts
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information—such as credit reporting agencies—have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches …
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey
Duke Law & Technology Review
Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile in …
Re Cupe And Canadian Staff Union (Reynolds), Innis Christie
Re Cupe And Canadian Staff Union (Reynolds), Innis Christie
Innis Christie Collection
The Employer posted a position located in Halifax. The Grievor was denied the position because he was not prepared to relocate to Halifax due to family responsibilities. The Union grievance alleged that the Employer breached the Collective Agreement which prohibits discrimination based on marital status and place of residence, and that the Grievor's request to commute should have been accommodated. The Employer believed the position needed to be located in Halifax and that commuting from Newfoundland would not be effective.
The Constitution's Political Deficit, Robin West
The Constitution's Political Deficit, Robin West
Georgetown Law Faculty Publications and Other Works
Professor Levinson has wisely called for an extended conversation regarding the possibility and desirability of a new Constitutional Convention, which might be called so as to correct some of the more glaring failings of our current governing document. Chief among those, in his view, are a handful of doctrines that belie our commitment to democratic self-government, such as the two-senators-per-state makeup of the United States Senate and the Electoral College. Perhaps these provisions once had some rhyme or reason to them, but, as Levinson suggests, it is not at all clear that they do now. They assure that our legislative …
Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
Scholarly Works
This Article will commence with a review of the rather significant evolution of Rule 11, including a review of several pertinent Supreme Court decisions that have helped shape its current structure. Thereafter, the predominant judicial methodology for conducting Rule 11 hearings will be discussed. Specifically, this Article will take a brief but critical look at, inter alia, the examination techniques employed by the judiciary when conducting Rule 11 hearings, and conclude that the process typically employed inadequately assesses whether a defendant's guilty plea was entered into knowingly and voluntarily. Next, this Article will discuss two very recent Supreme Court decisions--United …
Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya
Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya
ExpressO
On June 16, 2006, the Appeals Chamber of the International Criminal Tribunal for Rwanda issued a decision in Prosecutor v. Karemera taking judicial notice of the fact that genocide occurred in Rwanda in 1994. This decision startled many court observers. While no internationally respected commentator would today question whether the Rwanda genocide took place, should such an event be judicially noticed without evidence? This paper examines that question, arguing that the ICTR Appeals Chamber’s expansive use of judicial notice in Karemera was both illogical and unwise. Genocide, whether as an historical fact or legal charge, fails to meet the “common …
Privilege Through Prayer: Examining Bible-Based Prison Rehabilitation Programs Under The Establishment Clause, Nathaniel J. Odle
Privilege Through Prayer: Examining Bible-Based Prison Rehabilitation Programs Under The Establishment Clause, Nathaniel J. Odle
ExpressO
In early June of 2006, an Iowa federal judge found a publicly-funded prison ministry to be in violation of the Establishment Clause and ordered it stopped. The program in question, the InnerChange Freedom Initiative, conceived and maintained by Prison Fellowship Ministries, utilized an overtly Christian model to rehabilitate inmates through spiritual and moral regeneration. In the eyes of the court, the failure of the state of Iowa to provide a reasonable secular alternative had the primary effect of advancing religion and fostered excessive governmental entanglement under a traditional Lemon analysis. Equally important in the court’s decision was the lack of …
The United States Supreme Court And The Second Amendment, Stefan B. Tahmassebi
The United States Supreme Court And The Second Amendment, Stefan B. Tahmassebi
ExpressO
In the media and in the legislative arena there has been much debate about the holdings of the United States Supreme Court in regard to the Second Amendment. Some gun control proponents assert that the Supreme Court has held that the Second Amendment is a "collective right;" a right of the "collective" and not of any individual. Are they correct? Other gun control proponents assert that the Second Amendment has not been incorporated and is not effective against state government action. Firearms rights proponents assert that the Supreme Court has held that the Second Amendment protects the right of the …
Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift
Void Agreements, Knocked-Out Terms, And Blue Pencils: Judicial And Legislative Handling Of Unreasonable Terms In Noncompete Agreements, Kenneth R. Swift
ExpressO
This article adresses the divergent approaches currently taken by courts after finding an unreasonable term in an employer-employee noncompete agreement. The article begins by reviewing basic standards used to determine if the terms of a noncompete agreement are reasonable. The article then addresses and analyzes the three approaches used by courts after finding an unreasonable term: finding the agreement void in its entirety, using the "Blue Pencil" doctrine to eliminate unreasonable terms and enforce the remaining terms, and using the court's equitable powers to not only remove unreasonable terms, but to rewrite those terms to make them reasonable. The article …
Swing And A Foul Tip: What Major League Baseball Needs To Do To Keep Its Small Market Franchises Alive At The Arbitration Plate, Vittorio Vella
Swing And A Foul Tip: What Major League Baseball Needs To Do To Keep Its Small Market Franchises Alive At The Arbitration Plate, Vittorio Vella
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
The New Wada Code And The Search For A Policy Justification For Anti-Doping Rules, Eoin Carolan
The New Wada Code And The Search For A Policy Justification For Anti-Doping Rules, Eoin Carolan
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
High-Profile Prosecutors &(And) High-Profile Conflicts, Laurie L. Levenson
High-Profile Prosecutors &(And) High-Profile Conflicts, Laurie L. Levenson
Loyola of Los Angeles Law Review
No abstract provided.
Arbitrary Enforcement: When Arbitration Agreements Containing Unlawful Provisions, Adam Borstein
Arbitrary Enforcement: When Arbitration Agreements Containing Unlawful Provisions, Adam Borstein
Loyola of Los Angeles Law Review
No abstract provided.
A Low Threshold Of Guilt: Interpreting California's Fetal Murder Statute In People V. Taylor, Monica Mendes
A Low Threshold Of Guilt: Interpreting California's Fetal Murder Statute In People V. Taylor, Monica Mendes
Loyola of Los Angeles Law Review
No abstract provided.
A Whiff Of Things To Come: The Unreasonableness Of Dog Sniffs In Illinois V. Caballes, Jessica Na
A Whiff Of Things To Come: The Unreasonableness Of Dog Sniffs In Illinois V. Caballes, Jessica Na
Loyola of Los Angeles Law Review
No abstract provided.
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Articles
No abstract provided.
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
William & Mary Bill of Rights Journal
Presented at the Brigham-Kanner Property Rights Conference.
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, Steven K. Homer, Standing Committee On Lesbian And Gay Issues, Aall Social Responsibilities Special Interest Section
Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, Steven K. Homer, Standing Committee On Lesbian And Gay Issues, Aall Social Responsibilities Special Interest Section
Faculty Book Display Case
Sexual Orientation and the Law: A Research Bibliography is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law …
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Buffalo Law Review
No abstract provided.
Speech In, For, And By (?) The "Multiversity": Reflections Of A Recovering President, William R. Greiner
Speech In, For, And By (?) The "Multiversity": Reflections Of A Recovering President, William R. Greiner
Buffalo Law Review
No abstract provided.
The Csi Effect And Other Forensic Fictions, Kimberlianne Podlas
The Csi Effect And Other Forensic Fictions, Kimberlianne Podlas
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller
Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Towards An Honest Belief Plus Standard In California Employment Discrimination Cases, Noam Glick
Towards An Honest Belief Plus Standard In California Employment Discrimination Cases, Noam Glick
Loyola of Los Angeles Law Review
No abstract provided.
An Enemy Of Freedom: United States V. James J. Smith And The Assault On The Fourth Amendment, Kelly J. Smith
An Enemy Of Freedom: United States V. James J. Smith And The Assault On The Fourth Amendment, Kelly J. Smith
Loyola of Los Angeles Law Review
No abstract provided.
Introduction, Gary C. Williams