Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Intellectual Property Law (2)
- American Politics (1)
- Antitrust and Trade Regulation (1)
- Business (1)
-
- Business Law, Public Responsibility, and Ethics (1)
- Civil Rights and Discrimination (1)
- Communications Law (1)
- Courts (1)
- Economic Policy (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- International Law (1)
- Internet Law (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Legal Remedies (1)
- Legal Studies (1)
- Legislation (1)
- Litigation (1)
- Military, War, and Peace (1)
- Models and Methods (1)
- Other Legal Studies (1)
- Other Political Science (1)
- Other Public Affairs, Public Policy and Public Administration (1)
- Political Science (1)
- Institution
Articles 1 - 10 of 10
Full-Text Articles in Law
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs
Michigan Law Review
Congress, through the 1947 addition of section 10(j) to the National Labor Relations Act, authorized district courts to grant preliminary injunctive relief for unfair labor practices if they deem such relief "just and proper." To this day a circuit split persists over the correct interpretation of this "just and proper" standard. Some circuits interpret "just and proper" to require application of the traditional equitable principles approach that normally governs preliminary injunctions. Other circuits interpret "just and proper" to require an analysis of whether injunctive relief is necessary to preserve the National Labor Relations Board's remedial power This Note examines the …
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
Federal Earmarks In The State Of Georgia, Jeffrey Lazarus
Federal Earmarks In The State Of Georgia, Jeffrey Lazarus
Georgia Journal of Public Policy
Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook
Michigan Telecommunications & Technology Law Review
Should a branded pharmaceutical company be allowed to pay a generic competitor to stay out of the market for a drug? Antitrust policy implies that such a deal should be prohibited, but the answer becomes less clear when the transaction is packaged as a patent-litigation settlement. Since Congress passed the Hatch-Waxman Act, which encourages generic manufacturers to challenge pharmaceutical patent validity, settlements of this kind have been on the rise. Congress, the Department of Justice, and the Federal Trade Commission have condemned these agreements as anticompetitive and costly to American consumers, but none of these bodies has been able to …
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Missouri Law Review
In response to recent high-profile instances of rushed legislation, a political movement has formed to urge legislators to read bills before voting on them. In this Article, I argue that legislators have a duty to read the text of proposed legislation before voting to enact it. Putting aside partisan concerns, a rushed legislative process creates real problems because it forces legislators to vote on bills without having time to properly evaluate the new legal rules that are being imposed on citizens. If a rule or norm of reading the bill can slow the legislative process enough to provide for thorough …
Our High Court Of Admiralty And Its Sometimes Peculiar Relationship With Congress, David W. Robertson
Our High Court Of Admiralty And Its Sometimes Peculiar Relationship With Congress, David W. Robertson
Saint Louis University Law Journal
No abstract provided.
Devising A Legislative Solution To The Reverse Payment Dilemma: How Congress Can Balance Competition, Innovation, And The Public Policy Favoring The Settlement Of Disputes Without Litigation, Timothy A. Weil
Saint Louis University Law Journal
No abstract provided.
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway
Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway
Michigan Law Review
We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has failed to address this modern reality. Nowhere is this failure more clear than in the recent U.S. conflict in Iraq. Congress self-consciously restricted the war's aims to narrow purposes-expressly authorizing a limited war. But the Bush Administration evaded these constitutional limits and transformed a well-defined and limited war into an open-ended conflict operating beyond constitutional boundaries. President Obama has thus far failed to repudiate these acts of presidential unilateralism. If he continues on this course, he will consolidate the precedents set by …
Iqbal Signals Bivens’ Peril: A Call For Congressional Action, Megan Gephart
Iqbal Signals Bivens’ Peril: A Call For Congressional Action, Megan Gephart
Fordham Urban Law Journal
This Note examines the propriety of a statutory replacement for the Bivens action. Part I of this Note outlines the history of implied causes of action generally, including the shifting attitude of the Court toward its power to fill gaps through the use of implied causes of action, as well as the Court’s attitude toward the Bivens action specifically. Part II examines the arguments for and against the adoption of a statutory replacement for Bivens in the context of the United States post-9/11. Part III contemplates a statutory replacement for Bivens, which would strike a balance between deterring rogue government …