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2015

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Articles 631 - 648 of 648

Full-Text Articles in Law

Constitutional Torts: Cases, Comments And Questions (With M. Wells Et Al.), Sheldon Nahmod Dec 2014

Constitutional Torts: Cases, Comments And Questions (With M. Wells Et Al.), Sheldon Nahmod

Sheldon Nahmod

Constitutional Torts (LexisNexis 4th ed. 2015) (with M. Wells et al.).


The New Governancism?, 59 Saint Louis University Law Journal 1079 (2015)., Mark D. Rosen Dec 2014

The New Governancism?, 59 Saint Louis University Law Journal 1079 (2015)., Mark D. Rosen

Mark D. Rosen

No abstract provided.


Patent Trolls: Moral Panics, Motions In Limine, And Patent Reform, Edward Lee Dec 2014

Patent Trolls: Moral Panics, Motions In Limine, And Patent Reform, Edward Lee

Edward Lee

No abstract provided.


Constitutional Debates: Policing And Prison, Sarah J. Greenman Dec 2014

Constitutional Debates: Policing And Prison, Sarah J. Greenman

Sarah Greenman

No abstract provided.


Police Use Of Force, Sarah J. Greenman Dec 2014

Police Use Of Force, Sarah J. Greenman

Sarah Greenman

No abstract provided.


Contract For The Grant Of A Compliant Option To Purchase, Alvin W-L See Dec 2014

Contract For The Grant Of A Compliant Option To Purchase, Alvin W-L See

Alvin W-L See

An agreement for the sale and purchase of real property often begins with an option to purchase ("OTP"). Usually, upon agreeing on the purchase price, the vendor will grant the purchaser an OTP in return for an option fee. During the specified option period, the vendor is bound to keep the property for the purchaser. This affords the purchaser an opportunity to reconsider his or her decision to purchase the property and time to source for financing for the purchase. If the purchaser decides to proceed with the purchase, he or she will exercise the OTP by the prescribed method …


Juries And Mixed Tribunals Across The Globe: New Developments, Common Challenges And Future Directions, Nancy S. Marder Dec 2014

Juries And Mixed Tribunals Across The Globe: New Developments, Common Challenges And Future Directions, Nancy S. Marder

Nancy S. Marder

No abstract provided.


The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman Dec 2014

The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …


Cases For Lecture 3; Trademarks, Macerata 17 March 2015, Ulf Maunsbach Dec 2014

Cases For Lecture 3; Trademarks, Macerata 17 March 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn Dec 2014

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.


Table Annexed To Article: The Legislative Rules And Orders Of The Continental Congress In Various Text Formats (July 17, 1776), Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: The Legislative Rules And Orders Of The Continental Congress In Various Text Formats (July 17, 1776), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic offers the Rules and Orders for the Continental Congress in four versions. First, OCL supplies Jefferson’s notes made for the committee on which he served; this is followed by Congress’ markup text following its consideration of his notes in RC Text Format. Third, the text adopted on July 17, 1776 appears in RC Text Format, which recreates the text as it appears in the Journals of the Continental Congress. Fourth, the Rules and Orders appear in MR Text Format. This text is used in the various investigations of parliamentary science as practiced from 1776 to 1801. See …


Cases For Lecture 2; Privacy, Macerata 11 March 2015, Ulf Maunsbach Dec 2014

Cases For Lecture 2; Privacy, Macerata 11 March 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett Dec 2014

Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett

John Ehrett

This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …


Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid Dec 2014

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.


Cases For Lecture 4 - Copyright In Cyberspace, Macerata, 8 April 2015, Ulf Maunsbach Dec 2014

Cases For Lecture 4 - Copyright In Cyberspace, Macerata, 8 April 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Cases For Lecture 5; Private International Law And The Internet, Macerata 15 April 2015, Ulf Maunsbach Dec 2014

Cases For Lecture 5; Private International Law And The Internet, Macerata 15 April 2015, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Yes To Infill, No To Nuisance, Michael Lewyn Dec 2014

Yes To Infill, No To Nuisance, Michael Lewyn

Michael E Lewyn

Criticizes attempts to use nuisance law to prevent infill development.


Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire Dec 2014

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire

Chad J McGuire

This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …