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Articles 1 - 30 of 51
Full-Text Articles in Law
Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady
Villanova Law Review
The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.
Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza
Villanova Law Review
The article presents information on the conceptions of morality and justice and the maximization of social welfare. The defense of necessity, its common law justification and the recognition of federal justification defense are discussed. The decisions made by the Third Circuit of the U.S. Court of Appeals in the trial of Virgin Islands v. Lewis, the judicial duty and the justification doctrine are also discussed.
The Sixth Annual John F. Scarpa Conference On Law, Politics, And Culture: A Celebration Of The Work Of John Finnis - Introduction, Patrick Mckinley Brennan
The Sixth Annual John F. Scarpa Conference On Law, Politics, And Culture: A Celebration Of The Work Of John Finnis - Introduction, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Villanova Law Review
No abstract provided.
In Support Of Moral Absolutes, Candace Vogler
In Support Of Moral Absolutes, Candace Vogler
Villanova Law Review
No abstract provided.
What Has Love Got To Do With It?: Sentimental Attachments And Legal Decision-Making, David Markell, Tom Tyler, Sarah Brosnan
What Has Love Got To Do With It?: Sentimental Attachments And Legal Decision-Making, David Markell, Tom Tyler, Sarah Brosnan
Villanova Law Review
No abstract provided.
Perverted Justice: Why Courts Are Ruling Against Restitution In Child Pornography Possession Cases, And How A Victim Compensation Fund Can Fix The Broken Restitution Framework, Tyler Morris
Villanova Law Review
No abstract provided.
Tax's Triviality As A Pay-Reforming Device, Andrew C.W. Lund
Tax's Triviality As A Pay-Reforming Device, Andrew C.W. Lund
Villanova Law Review
No abstract provided.
Perfect Storms: Congressional Regulation Of Executive Compensation, Joy Sabino Mullane
Perfect Storms: Congressional Regulation Of Executive Compensation, Joy Sabino Mullane
Villanova Law Review
No abstract provided.
Response To Fr. Rhonheimer, Anna Bonta Moreland
Response To Fr. Rhonheimer, Anna Bonta Moreland
Villanova Law Review
No abstract provided.
Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns
Villanova Law Review
The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.
Raise Your Glass: The Third Circuit Holds New Jersey Wine Laws In Violation Of The Dormant Commerce Clause And Leaves Room For A Future Challenge Of The Direct Shipment Ban, James J. Williamson Ii
Raise Your Glass: The Third Circuit Holds New Jersey Wine Laws In Violation Of The Dormant Commerce Clause And Leaves Room For A Future Challenge Of The Direct Shipment Ban, James J. Williamson Ii
Villanova Law Review
The article presents information on the Commerce Clause of the U.S. Constitution and the prevention of the state from engaging in economic protectionism. The ratification of alcohol law, the regulation of shipment of alcohol and the harmonization of the dueling provisions are discussed with reference to the trial of Granholm v. Heald. The wine law challenges and the possible remedies available for the New Jersey wineries are also discussed.
A Road Map Through The Supreme Court's Back Alley, Clarke D. Forsythe, Bradley N. Kehr
A Road Map Through The Supreme Court's Back Alley, Clarke D. Forsythe, Bradley N. Kehr
Villanova Law Review
No abstract provided.
Driving A Hard Bargain: Accepting Responsibility For A Significant Curtailment Of Federal Prosecutorial Discretion In United States V. Divens, Rory A. Eaton
Villanova Law Review
No abstract provided.
Intentional Discrimination In Farrakhan V. Gregoire: The Ninth Circuit's Voting Rights Act Standard "Results In" The New Jim Crow, Jonathan Sgro
Intentional Discrimination In Farrakhan V. Gregoire: The Ninth Circuit's Voting Rights Act Standard "Results In" The New Jim Crow, Jonathan Sgro
Villanova Law Review
No abstract provided.
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Villanova Law Review
No abstract provided.
Symposium Introduction: Offshore Accounts, Corporate Income Shifting, And Executive Compensation, Leslie Book
Symposium Introduction: Offshore Accounts, Corporate Income Shifting, And Executive Compensation, Leslie Book
Villanova Law Review
No abstract provided.
Some Suggestions For Tax Reform, Michael C. Durst
Some Suggestions For Tax Reform, Michael C. Durst
Villanova Law Review
No abstract provided.
Offshore Accounts: Insider's Summary Of Fatca And Its Potential Future, J. Richard Harvey Jr.
Offshore Accounts: Insider's Summary Of Fatca And Its Potential Future, J. Richard Harvey Jr.
Villanova Law Review
No abstract provided.
Fixing Section 409a: Legislative And Administrative Options, Gregg D. Polsky
Fixing Section 409a: Legislative And Administrative Options, Gregg D. Polsky
Villanova Law Review
No abstract provided.
Who Bears The Cost Of Excessive Executive Compensation (And Other Corporate Agency Costs)?, David I. Walker
Who Bears The Cost Of Excessive Executive Compensation (And Other Corporate Agency Costs)?, David I. Walker
Villanova Law Review
No abstract provided.
Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall
Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall
Villanova Law Review
No abstract provided.
On Finnis's Way In, Michelle Madden Dempsey
On Finnis's Way In, Michelle Madden Dempsey
Villanova Law Review
No abstract provided.
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Villanova Law Review
No abstract provided.
Sniping Down Ignorance Claims: The Third Circuit In United States V. Stadtmauer Upholds Willful Blindness Instructions In Criminal Tax Cases, Rachel Zuraw
Villanova Law Review
The article presents information on the criminal tax cases and the claims of ignorance of relevant legal duties or misunderstanding. The complexities in the tax code of the U.S., interpretation of willful blindness by the U.S. courts and the standard for conviction are discussed. The non-tax fraud case law, strict interpretation of conscious avoidance in tax statutes and the duty implicitly imposed on taxpayers are also discussed with reference to the trial of Cheek v. United States.
Lawyering As Peacemaking, Angela P. Harris
Lawyering As Peacemaking, Angela P. Harris
Villanova Law Review
A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.
Conceptualizing Shari'a In The Modern State, Khaled Abou El Fadl
Conceptualizing Shari'a In The Modern State, Khaled Abou El Fadl
Villanova Law Review
THIS Article addresses the animated and evolving role that Shari'a, i.e., the system of Islamic jurisprudence collectively or generally, and Shari'a conceptions play in the contemporary world. There are various manifestations of this evolving role in the often dynamic, subtle, highly negotiated, and far from formalistic ways that Shari'a is animated in today's world. There are three main points that I will address in this Article. First is to provide some insight into the various ways that Shari'a has been manifesting in the recent revolutions sweeping through the Arabic-speaking world, while at the same time contrasting the rather curious case …
Is United States Corporate Tax Policy Outsourcing America - A Critical Analysis Of The Proposed Tax Holiday For Trapped Cfc Earnings, Robert Bloink
Is United States Corporate Tax Policy Outsourcing America - A Critical Analysis Of The Proposed Tax Holiday For Trapped Cfc Earnings, Robert Bloink
Villanova Law Review
THE debate about how best to reform U.S. corporate tax policy has focused almost exclusively on making U.S. corporations more competitive globally. But the debate often glosses over tax policy's effect on the ultimate beneficiaries of corporate success and failure—U.S. corporate stakeholders. The assumption often has been that healthy, competitive U.S. corporations equal healthy stakeholders—including shareholders, employees, and the U.S. populace as a whole. However, recent economic research has brought the assumption of "trickle down" success into question. This Article suggests an alternate path focused on enhancing the competitiveness of U.S. MNCs in the global economy while enhancing the welfare …
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes
Villanova Law Review
SINCE 1938, Rule 8(a) of the Federal Rules of Civil Procedure (Federal Rules or Rules) has set the standard for how much a plaintiff must allege at the outset of a lawsuit in order to avoid dismissal for failure to state a claim. Rule 8 requires that a plaintiff must include in the complaint "a short and plain statement of the claim showing that the pleader is entitled to relief." Federal courts developed a well-settled set of principles to apply when deciding whether to dismiss a claim. Among these principles are the following: (1) the plaintiffs factual allegations are accepted …