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Full-Text Articles in Law

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 Sep 2015

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.


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib Jul 2015

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


The Dangerous Right To Food Choice, Samuel R. Wiseman Jul 2015

The Dangerous Right To Food Choice, Samuel R. Wiseman

Seattle University Law Review

Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …


Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii Dec 2014

Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii

University of Massachusetts Law Review

Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.


State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim Nov 2013

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …


Family Law, Sharon K. Lieblich Nov 2013

Family Law, Sharon K. Lieblich

University of Richmond Law Review

No abstract provided.


Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun Nov 2012

Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun

Pepperdine Law Review

No abstract provided.


The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz Nov 2012

The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz

Pepperdine Law Review

No abstract provided.


California's Constitutional Right To Privacy, J. Clark Kelso Nov 2012

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


The Unjustified Subsidy: Sovereign Wealth Funds The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan Jan 2012

The Unjustified Subsidy: Sovereign Wealth Funds The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan

Fordham Journal of Corporate & Financial Law

The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …


The End Of The Internal Compliance World As We Know It, Or An Enhancement Of The Effectiveness Of Securities Law Enforcement? Bounty Hunting Under The Dodd-Frank Act's Whistleblower Provision, Justin Blount, Spencer Markel Jan 2012

The End Of The Internal Compliance World As We Know It, Or An Enhancement Of The Effectiveness Of Securities Law Enforcement? Bounty Hunting Under The Dodd-Frank Act's Whistleblower Provision, Justin Blount, Spencer Markel

Fordham Journal of Corporate & Financial Law

In the wake of Bernard Madoff’s $65 billion Ponzi scheme and the recent economic crisis stemming largely from loosely regulated subprime lending and mortgage-backed securities, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act on July 21, 2010, signaling loudly and clearly that change is coming to Wall Street. But Wall Street is not the only one receiving a message. Buried deep within the 2,319 pages of the Dodd-Frank Act, companies can find Section 922, the whistleblower provision, which provides a bounty for whistleblowers who report securities violations to the Securities and Exchange Commission.These bounty provisions and …


Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales Jan 2012

Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales

Fordham Journal of Corporate & Financial Law

Are equity markets vulnerable to a sudden collapse if the traders who account for about half of the volume have no regulatory obligations to stabilize prices? After the “Flash Crash” of May 6, 2010, policymakers have resoundingly answered this question in the affirmative. During the worst of the crash, some of the so-called high-frequency trading firms that dominate equity markets stopped trading and prices collapsed, momentarily wiping out almost $1 trillion in market value. In response, the U.S. Securities and Exchange Commission is considering whether high-frequency trading firms should be required to act as the traders of last resort. This …


2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis Jan 2009

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.


2007-2008 Legislative Review, Blair Mcrory Jan 2008

2007-2008 Legislative Review, Blair Mcrory

Animal Law Review

No abstract provided.


2006 Legislative Review, Marjorie A. Berger Jan 2007

2006 Legislative Review, Marjorie A. Berger

Animal Law Review

No abstract provided.


Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer Nov 2006

Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer

University of Richmond Law Review

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …


Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne Mar 2006

Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne

University of Richmond Law Review

No abstract provided.


Animal Law In Action: The Law, Public Perception, And The Limits Of Animal Rights Theory As A Basis For Legal Reform, Jonathan R. Lovvorn Jan 2006

Animal Law In Action: The Law, Public Perception, And The Limits Of Animal Rights Theory As A Basis For Legal Reform, Jonathan R. Lovvorn

Animal Law Review

No abstract provided.


Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams Jul 2005

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Animal Welfare: Its Place In Legislation, Christopher Shays Jan 2005

Animal Welfare: Its Place In Legislation, Christopher Shays

Animal Law Review

No abstract provided.


Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman Jan 2005

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman

Animal Law Review

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …


Integrating Animal Interests Into Our Legal System, David Favre Jan 2004

Integrating Animal Interests Into Our Legal System, David Favre

Animal Law Review

This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.


The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green Jan 2004

The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green

Animal Law Review

This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties’ concerns.


Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein Jan 2004

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.


2003 Legislative Review, Emilie Clermont Jan 2004

2003 Legislative Review, Emilie Clermont

Animal Law Review

No abstract provided.


Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez Jan 2003

Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez

Animal Law Review

Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.


2022 Legislative Review, Emilie Keturakis Jan 2003

2022 Legislative Review, Emilie Keturakis

Animal Law Review

No abstract provided.


Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini Jan 2003

Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini

Animal Law Review

Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.


2001 Legislative Review, Laurie Fulkerson Jan 2002

2001 Legislative Review, Laurie Fulkerson

Animal Law Review

No abstract provided.