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Articles 1 - 30 of 193
Full-Text Articles in Law
Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Family Law In The Republic Of Ireland, William Binchy
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper
Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper
Georgia Journal of International & Comparative Law
No abstract provided.
The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. Mcmahon
The International Banking Act Of 1978: Federal Regulation Of Foreign Banks In The United States, Patrick F. Mcmahon
Georgia Journal of International & Comparative Law
No abstract provided.
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
West Virginia Law Review
No abstract provided.
Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman
Judicial Candor And Extralegal Reasoning: Why Extralegal Reasons Require Legal Justifications (And No More), Eric Dean Hageman
Notre Dame Law Review
This Note’s first Part explores two landmark Supreme Court cases, Planned Parenthood of Southeastern Pennsylvania v. Casey and NFIB, that may have been decided based on extralegal considerations. Part II describes three prominent theories of judicial candor with an eye to the results they might yield with respect to extralegal reasoning. Part III offers and defends a new, partial theory of judicial candor. This theory is that a judge who employs extralegal reasoning should omit discussion of her reliance on that reasoning and justify her decision with legal reasoning.
The first two Parts will demonstrate that there is a …
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Pepperdine University School Of Law; Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Value Of A Life Story And Why The Right To An Individual's Life Story Should Not Escape Bankruptcy, Robert Sutton
The Value Of A Life Story And Why The Right To An Individual's Life Story Should Not Escape Bankruptcy, Robert Sutton
Barry Law Review
No abstract provided.
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Barry Law Review
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Efficiency Run Amok: Challenging The Authority Of Magistrate Judges To Hear And Accept Felony Guilty Pleas, Tomi Mendel
Efficiency Run Amok: Challenging The Authority Of Magistrate Judges To Hear And Accept Felony Guilty Pleas, Tomi Mendel
Vanderbilt Law Review
In an ideal world, a trial would never be unreasonably delayed or cut short. Judges would never need to juggle multiple difficult trials or drown in administrative tasks that distract from the fair adjudication of cases, and lawyers and litigants could be reassured that each judgment was arrived at fairly and after proper reflection. Congress created the magistrate system in an attempt to move the federal judiciary closer to this ideal state of affairs.' The purpose of this Article I judicial system is to facilitate the resolution of less significant disputes and speed the administration of procedural tasks. When district …
Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether
Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether
Villanova Law Review
No abstract provided.
Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich
Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich
Villanova Law Review
No abstract provided.
"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable
"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable
Villanova Law Review
No abstract provided.
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Environmental and Earth Law Journal (EELJ)
Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Karen Zagrodny Consalo
Environmental and Earth Law Journal (EELJ)
There are over 9,000 Formerly Used Defense Sites in the United States. One of these sites, the Pine Castle Jeep Range, was located in what is now east Orlando. As a defense site during World War II, the area was intentionally bombarded with among other things, explosive and chemical bombs. Fifty years later, a population boom drew many to purchase their homes in the same area. This article examines the history of the Pine Castle Jeep Range and the issues resulting from subsequent increase in population. The author hopes this article will provide practical legal and technological advice for other …
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Environmental and Earth Law Journal (EELJ)
In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth …
Texas Colonias: Injustice By Definition, Caitlin Lewis
Texas Colonias: Injustice By Definition, Caitlin Lewis
Environmental and Earth Law Journal (EELJ)
Colonias are usually characterized as rural or semi-rural slums inhabited by Mexican-origin immigrants and Mexican Americans. This Comment examines the socioeconomic and environmental burdens faced by Texas colonias and the public and private attempts to address these hardships.
The Liberal As An Enemy Of Queer Justice, Craig Schamel
The Liberal As An Enemy Of Queer Justice, Craig Schamel
Catalyst: A Social Justice Forum
Abstract
Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …
Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills
Georgia Journal of International & Comparative Law
No abstract provided.
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Asking The Nearest Hippie, Shubha Ghosh
Asking The Nearest Hippie, Shubha Ghosh
Michigan Telecommunications & Technology Law Review
It is an honor to be asked to contribute to this Symposium in honor of Margaret Jane Radin. It is particularly exciting to be able to engage with her scholarship during the summer of 2015 (the time this essay was written) when so many compelling legal issues are coming to a head: same sex marriage and the recognition of dignity as a constitutional value, pragmatic treatment of controversial regulation such as the Affordable Care Act, the death penalty under scrutiny as two justices unequivocally reaffirm its unconstitutionality, voting rights protections roll back, police brutality against African-American citizens as a daily …
A Corporation Has No Soul, And Doesn't Go To Church: Relating The Doctrine Or Piercing The Veil To Burwell V. Hobby Lobby, Carol Goforth
A Corporation Has No Soul, And Doesn't Go To Church: Relating The Doctrine Or Piercing The Veil To Burwell V. Hobby Lobby, Carol Goforth
South Carolina Law Review
No abstract provided.
The Standing Of The Public Interest, Amitai Etzioni
The Standing Of The Public Interest, Amitai Etzioni
Barry Law Review
No abstract provided.
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Barry Law Review
No abstract provided.
Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam M. Hapner
Barry Law Review
No abstract provided.