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2007

Law

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Articles 31 - 60 of 146

Full-Text Articles in Law

Successor Liability In Tennessee, George Kuney May 2007

Successor Liability In Tennessee, George Kuney

College of Law Faculty Scholarship

No abstract provided.


Successor Liability In Tennessee, George Kuney May 2007

Successor Liability In Tennessee, George Kuney

Scholarly Works

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2007 Apr 2007

Mid-Atlantic Ethics Committee Newsletter, Spring 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Wall Falls, Bruce Ledewitz Apr 2007

The Wall Falls, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum Apr 2007

A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum

Dalhousie Law Journal

Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …


News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli Apr 2007

News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli

Faculty Scholarship

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.


Family Structure, Children, And Law, Vivian E. Hamilton Apr 2007

Family Structure, Children, And Law, Vivian E. Hamilton

Faculty Publications

No abstract provided.


[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long Apr 2007

[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long

Scholarly Works

Legal writers frequently utilize the lyrics of popular music artists to help advance a particular theme or argument in legal writing. And if the music we listen to says something about us as individuals, then the music we, the legal profession as a whole, write about may something about who we are as a profession. A study of citations to popular artists in law journals reveals that, not surprisingly, Bob Dylan is the most popular artist in legal scholarship. The list of names of the other artists rounding out the Top Ten essentially reads like a Who's Who of baby …


State Sovereignty In Bankruptcy After Katz, Thomas E. Plank Apr 2007

State Sovereignty In Bankruptcy After Katz, Thomas E. Plank

Scholarly Works

No abstract provided.


Toward A More Efficient Bankruptcy Law: Mortgage Financing Under The 2005 Bankruptcy Amendments, Thomas E. Plank Apr 2007

Toward A More Efficient Bankruptcy Law: Mortgage Financing Under The 2005 Bankruptcy Amendments, Thomas E. Plank

Scholarly Works

No abstract provided.


Successor Liability In Vermont, George Kuney Apr 2007

Successor Liability In Vermont, George Kuney

Scholarly Works

No abstract provided.


Toward A Legal Genealogy Of Color Blindness, Julie Novkov Feb 2007

Toward A Legal Genealogy Of Color Blindness, Julie Novkov

Julie Novkov

Conservative colorblindness is often understood by legal scholars as a backlash phenomenon that emerged in the post-civil rights era in response to gains by African Americans in the legal and social spheres. Following Reva Siegel's work, this paper pushes the time frame back substantially and traces the origins of conservative colorblindness in legal doctrine to the early 1960s. It describes a discursive struggle that began in the courts and spilled out into the cultural arena, ultimately resulting in the full appropriation of colorblindness by the right.


Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard Feb 2007

Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard

Archived Theses and Dissertations

This thesis asks whether Amartya Sen's idea of "development as freedom" is inconsistent with certain theoretical insights of American legal realism. Specifically, it examines whether Sen's apparent optimism with respect to free markets is undermined by Robert Hale's arguments about the ubiquity of coercion in economic relations and law's implication in the distribution of resources and power in society. It also asks whether taking the expansion of "freedom" as the object of development ignores the Hohfeldian insight that designing particular legal rules is a legislative act that creates winners and losers and is the site of political struggle and conflicting …


The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center Jan 2007

The National Labor Relations Act And Flexible Work Arrangements: An Overview Of Existing Law And Proposals For Reform, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The scheduling of work hours is important to employers and employees alike. Employers must ensure sufficient staffing to meet workload demands; employees must balance work with other aspects of their lives. Over the past several years, the tendency to view these needs as mutually exclusive has slowly given way to increased discussion of and experimentation with flexible work arrangements as an effective way to balance work-life demands. While these workplace flexibility initiatives take many forms, the majority of them require collaboration between employers and employees regarding work hours and conditions.


Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost Jan 2007

Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson Jan 2007

Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson

All Faculty Scholarship

This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law's interest in employee's harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee's actions …


North Dakota Law, Rob Carolin Jan 2007

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law


Enforcing Wildlife Protection In China, Peter J. Li Jan 2007

Enforcing Wildlife Protection In China, Peter J. Li

Animal Welfare Collection

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …


The Nova Southeastern Lawyer, Winter 2007, Volume 12, Number 9, Nova Southeastern University - Shepard Broad Law Center Jan 2007

The Nova Southeastern Lawyer, Winter 2007, Volume 12, Number 9, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble Jan 2007

Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble

ILSA Journal of International & Comparative Law

International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Ann Bartow Jan 2007

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Ann Bartow

Ann Bartow

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …


“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic Jan 2007

“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic

Antonin I. Pribetic

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.


Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber Jan 2007

Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber

Faculty Scholarship

“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …


Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman Jan 2007

Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman

Journal of Health Care Law and Policy

No abstract provided.


Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program) Jan 2007

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.


Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program) Jan 2007

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

7 p. : col. ill., maps


Law And Technology Podcasts, Roger V. Skalbeck Jan 2007

Law And Technology Podcasts, Roger V. Skalbeck

Law Faculty Publications

This article lists a select handful of useful podcasts covering topics such as technology policy, law, and web development.