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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid Jun 2915

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.


All Things To All People, Part One, Peter J. Aschenbrenner Jan 2105

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Recent Developments In Finra Securities Arbitrations, Barry Temkin, Robert Usinger, Christopher Amore Jul 2104

Recent Developments In Finra Securities Arbitrations, Barry Temkin, Robert Usinger, Christopher Amore

Barry R. Temkin

This article discusses developments in securities arbitration before the Financial Industry Regulatory Authority (FINRA), including proposals under consideration to narrow the definition of public arbitrator and to provide greater access to advisors' past disciplinary history on FINRA Brokercheck.


Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter J. Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Are They Pirates Or Pioneers?, Ashley Song Feb 2017

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Market Mechanisms In Environmental Law, Sanja Bogojevic Dec 2016

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


54/12/16 The Defense Rests, Cleveland Plain Dealer Dec 2016

54/12/16 The Defense Rests, Cleveland Plain Dealer

All Articles

Photo of Sam's chief defense counsel William J. Corrigan.


Election Guide California 2016, California Secretary Of State Dec 2016

Election Guide California 2016, California Secretary Of State

California Agencies

Table of Contents:
General Information
Nomination Requirements
Candidate Filing Information
Candidate Checklist
Pesidential Primary Election Calendar
Electors and the Electoral College
Independent Candidates
Political Party Information
Offices and Subdivisions
Calendars


A Case Study On Court Of Appeals Finality, Michael J. Nolan, Michael J. Nolan Nov 2016

A Case Study On Court Of Appeals Finality, Michael J. Nolan, Michael J. Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


Are Justices Ginsburg And Scalia Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin Nov 2016

Are Justices Ginsburg And Scalia Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab ...


The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein Oct 2016

The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014 the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players are employees of the institution and can unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision could redefine the principal that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding is whether the IRS can logically continue to treat qualified scholarships received by student-athletes as excludable from ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson Sep 2016

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Extract From Paul Brest Et Al., Processes Of Constitutional Decisionmaking: Cases And Materials (Aspen Publishers Forthcoming Supp. Circa Aug. 2016), Citing Tillman On Ex Parte Merryman, Seth Tillman Aug 2016

Extract From Paul Brest Et Al., Processes Of Constitutional Decisionmaking: Cases And Materials (Aspen Publishers Forthcoming Supp. Circa Aug. 2016), Citing Tillman On Ex Parte Merryman, Seth Tillman

Seth Barrett Tillman

Extract from Paul Brest et al., Processes of Constitutional Decisionmaking: Cases and Materials (Aspen Publishers forthcoming Supp. circa Aug. 2016), citing Tillman on Ex parte Merryman.

[18 August 2015]


Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber Aug 2016

Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber

Wm. Dennis Huber

For decades it has been drummed into the conscience, the consciousness, and the subconscious of accounting students, researchers, and practitioners alike that the public interest is the sine qua non of the public accounting profession. Accounting researchers have attempted to explore the multi-faceted nature of what is referred to as the public interest based on the assumption that the public interest actually exists in the public accounting profession (including professional accounting organizations, government and quasi-government regulatory agencies, and auditing and accounting standard setting bodies). This paper questions that assumption by conducting an exegesis of the texts of the legislative findings ...


Research Handbook On Intellectual Property Exhaustion And Parallel Imports, Irene Calboli, Edward Lee Jul 2016

Research Handbook On Intellectual Property Exhaustion And Parallel Imports, Irene Calboli, Edward Lee

Irene Calboli

From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the ...


Ex Parte Merryman: Myth, History, And Scholarship, Seth Tillman Jun 2016

Ex Parte Merryman: Myth, History, And Scholarship, Seth Tillman

Seth Barrett Tillman

Ex parte Merryman is iconic. It is, arguably, the first major American case testing the scope of lawful military authority during war time. Not only during a war, but during a civil war. Not only were the civilian (judicial) authorities in conflict with the military authorities, but the Chief Justice of the United States clashed with the President—or, at least, that is the story as it is commonly told. It is an 1861 case, but the stakes were large and, sadly, the issues remain relevant if not eternal.

However, the standard restatement of the facts and holding of Ex ...


Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson Jun 2016

Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson

Subhajit Basu

Multi-disciplinary research project is commissioned by the Commissioner for Older People for Northern Ireland to provide a piece of research to review the current position in terms of policy guidance and law and practice in adult social care in Northern Ireland and to make suggestions, based in part on comparing with best practice in other jurisdictions, to the Commissioner, as to the best way to reform the legislation. The legislative review found: 1. Current legislation and policy guidance surrounding Adult Social Care is outdated, confusing and fragmented in Northern Ireland. Definitions and terminology used in the legislation need updated to ...


Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, Seth Tillman Jun 2016

Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, Seth Tillman

Seth Barrett Tillman

Heidi Kitrosser, Interpretive Modesty, 104 Geo. L.J. (forthcoming 2016) (manuscript at 38 n.161), citing Bailey-Tillman exchange.

[13 May 2015]


Climate Change Law And Policy In The European Union, Sanja Bogojevic May 2016

Climate Change Law And Policy In The European Union, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


What Notice Did, Jessica Litman May 2016

What Notice Did, Jessica Litman

Jessica Litman

In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from ...


Nonmoral Theoretical Disagreement In Law, Alani Golanski Apr 2016

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

I agree with Dworkin that there is widespread theoretical disagreement in law. I hope to show, however, why this disagreement should not be seen as moral in nature. Legal philosophers have nearly always viewed the existence of theoretical disagreement in law as the indicium of moral dispute. If that is so, and if such disagreement is widespread, then this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement has posed a powerful challenge to the "positivist" approach, which claims that, for the most part, legality can be determined without resort to moral criteria. This paper ...


Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. Gray Apr 2016

Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. Gray

David C. Gray

The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.

These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the ...


Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney Apr 2016

Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.

This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.

In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. Apr 2016

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


“Open Sesame”: The Myth Of Alibaba’S Extreme Corporate Control And Governance, Yu-Hsin Lin, Thomas Mehaffy Apr 2016

“Open Sesame”: The Myth Of Alibaba’S Extreme Corporate Control And Governance, Yu-Hsin Lin, Thomas Mehaffy

Yu-Hsin Lin

Chinese Internet companies have flocked to U.S. exchanges to raise capital in recent years. These companies have employed a novel and poorly understood corporate ownership structure – the variable interest entity (VIE) and disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; it carries the risk of being declared illegal under Chinese law. Around 30% of these companies adopted a dual-class share structure or other disproportional control-enhancing mechanism to enhance insider control. The percentage is much higher than that of U.S. public companies, which is about 6%.

This Article uses Alibaba ...


Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, Michael J. Crawford Apr 2016

Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, Michael J. Crawford

Biological Sciences Publications

Recent research in the emerging field of epigenetics has implications with the potential to re-ignite acrimony in the discourse of reproductive rights, medical ethics, and the role of the state in our homes and in our lives. For scientists, epigenetics has profoundly realigned our understanding of heredity: epigenetics provides a mechanism through which the environmental challenges met in one generation can be inscribed and transmitted to future offspring. Although both genetic parents have the potential to transmit heritable epigenetic changes to their offspring, mothers have a particularly potent effect because nutrition in the uterine environment can exert a supplemental effect ...


The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst Apr 2016

The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst

Samuel F Ernst

Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the “Innovation Act” wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly ...