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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 Oct 2011

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 Mar 2011

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 Mar 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 …