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Articles 301 - 330 of 15724
Full-Text Articles in Law
Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang
Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang
Maurer Theses and Dissertations
Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.
In the United States, the distinctive interpretation of laws …
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge
Muskie School Capstones and Dissertations
In January 2009, Port City Music Hall in Portland, Maine was preparing to open its doors to the public for the first time. With a capacity for nearly six hundred attendees, Port City Music Hall was designed to attract national touring acts to Portland too big for the bar scene, but not suited for the Merrill Auditorium or Cumberland Civic Center. With the State Theatre still shuttered at the time, this new venue hoped to fill an important niche in the city’s creative economy, bringing a diverse array of performers that would not otherwise be able to find a viable …
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
The University of New Hampshire Law Review
[Excerpt] “How do international human rights treaties interact with the domestic civil rights law of the United States and, particularly, 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? ―International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. The United States is obligated to respect the international treaties it ratifies, whether they are fully implemented in domestic law or not. In …
Legislative And Regulatory Recommendations To Allow Home-Processing Of Low-Risk Foods In Mississippi, Harvard Law School Mississippi Delta Project
Legislative And Regulatory Recommendations To Allow Home-Processing Of Low-Risk Foods In Mississippi, Harvard Law School Mississippi Delta Project
Delta Directions: Publications
With the recent growth in farmers markets and the demand for local, fresh foods there has been a push to allow individuals to produce and sell foods made in their homes. This report will explain why Mississippi should follow the trend set by over 30 states to allow in-home production and sale of certain low-risk or non-potentially hazardous foods like baked goods, jams, jellies, and dried herbs. This report will lay out current Mississippi law regarding the processing of such non-potentially hazardous foods in home kitchens; compare Mississippi law to the laws employed in other states; and make recommendations for …
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Cornell Journal of Law and Public Policy
No abstract provided.
A Fall From Grace: United States V. W. R. Grace And The Need For Criminal Discovery Reform, Beth Brennan, Andrew King-Ries
A Fall From Grace: United States V. W. R. Grace And The Need For Criminal Discovery Reform, Beth Brennan, Andrew King-Ries
Cornell Journal of Law and Public Policy
No abstract provided.
A Government Lawyer’S Liability Under Bivens, Marc Stepper
A Government Lawyer’S Liability Under Bivens, Marc Stepper
Cornell Journal of Law and Public Policy
No abstract provided.
There Be No Shelter Here: Anti-Immigrant Housing Ordinances And Comprehensive Reform, Daniel Edwardo Guzman
There Be No Shelter Here: Anti-Immigrant Housing Ordinances And Comprehensive Reform, Daniel Edwardo Guzman
Cornell Journal of Law and Public Policy
No abstract provided.
Response, Eduward M. Penalver
Response, Eduward M. Penalver
Cornell Journal of Law and Public Policy
No abstract provided.
Does Ricci Herald A New Disparate Impact?, Joseph Seiner, Benjamin N. Gutman
Does Ricci Herald A New Disparate Impact?, Joseph Seiner, Benjamin N. Gutman
Faculty Publications
Federal law has long prohibited not just intentional discrimination by employers, but also practices that have an unintentional disparate impact on minorities. A cryptic passage at the end of the Supreme Court's recent decision in Ricci v. DeStefano may signal a sea change for this disparate impact doctrine. Ricci, a lawsuit about a civil-service exam for firefighters, received widespread attention as a case about intentional discrimination. We show that the opinion also can be read to suggest a new affirmative defense for employers facing claims of disparate impact. Before Ricci, disparate impact was a purely no-fault doctrine. An employer was …
The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat
The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat
William & Mary Law Review
This Article argues that employee noncompetition agreements ought to be unenforceable. It begins by recognizing that there is momentum for change in the law of noncompetes: a number of states and the American Law Institute (ALI) are in the process of reconsidering noncompete doctrine, and recent empirical studies provide evidence as to the mostly negative effects of the agreements. Existing critiques have focused on the problematic nature of noncompetes within the employment relationship. This Article synthesizes those critiques, adding support from empirical studies, and then examines noncompetes from a new perspective.
Commentators have neither recognized nor evaluated the role noncompetes …
Why Are There Tax Havens?, Adam H. Rosenzweig
Why Are There Tax Havens?, Adam H. Rosenzweig
William & Mary Law Review
Recently, the issue of tax havens has risen to the fore of the fiscal policy debate, with tax havens being singled out as the root cause of many of the fiscal shortfalls plaguing the governments of the world. Surprisingly, however, although there has been a fair amount of literature on why tax havens are harmful to the modern international tax regime, which countries become tax havens, and what means are available to combat tax havens, there has been less written specifically on the underlying question of why, notwithstanding all these points, tax havens exist in the first place, or why …
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
The "Enlightened Barbarity" Of Inclusive Fitness And Wrongful Death: Biological Justifications For An Investment Theory Of Loss In Wycko V. Gnodtke, Ryan Shannon
University of Michigan Journal of Law Reform
Wrongful death laws should permit and encourage courts and juries to consider the survivors' investment in decedents when determining wrongful death damages, given new biological justifications for this theory of loss. The investment theory of damages, which permits an award of damages based on the investment of financial resources relatives make in one another, originated in Michigan's courts in the early 1 960s, but as of present day has been largely abrogated. In the context of modern understandings of evolutionary biology, including kin selection theory and sociobiology, the investment theory of recovery accords with the goals of corrective justice as …
Table Of Contents - Issue 1, Chicago-Kent Law Review
Table Of Contents - Issue 1, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
Chicago-Kent Law Review
Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading to considerable success, but, using …
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Chicago-Kent Law Review
The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels …
Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley
Chicago-Kent Law Review
The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …
Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt
Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt
ACTEC Law Journal
This article examines the tax opportunities and tax hazards when a subchapter S corporation makes a charitable gift. The article demonstrates that usually the shareholders of an S corporation and the charity are both better off when an S corporation makes a charitable gift compared to having a shareholder make a charitable gift of S corporation stock. Either way, the income tax benefit will be on the S corporation shareholder's personal income tax return. By having the S corporation make the gift, the parties avoid the "three bad things" that happen when a shareholder donates S corporation stock. The problems …
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
ACTEC Law Journal
No abstract provided.
Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.
Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.
ACTEC Law Journal
No abstract provided.
Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen
Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen
ACTEC Law Journal
No abstract provided.
Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller
Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller
ACTEC Law Journal
No abstract provided.
I Dig It, But Congress Shouldn't Let Me: Closing The Idgt Loophole, Daniel L. Ricks
I Dig It, But Congress Shouldn't Let Me: Closing The Idgt Loophole, Daniel L. Ricks
ACTEC Law Journal
By combining three tools that independently are beneficial to taxpayers, clever estate planners have devised a transaction - the installment sale of discounted assets to an intentionally defective grantor trust - that saves their ultra-wealthy clients millions of dollars in estate and gift taxes. This transaction, which is a foundational part of many estate plans, takes advantage of rules that Congress never intended to be used in this way. Becasue the Internal Revenue Service has conceded its inability to challenge the transaction based on current law, any solution lies with Congress. This Article proposes an amendment to § 2036 that …
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
One Toke Over The Line: The Proliferation Of State Medical Marijuana Laws, Troy E. Grandel
One Toke Over The Line: The Proliferation Of State Medical Marijuana Laws, Troy E. Grandel
The University of New Hampshire Law Review
[Excerpt] “Marijuana has been used for medicinal purposes for at least five thousand years. In fact, it was used medicinally in the United States up until the twentieth century when antidrug zealots managed to prohibit it. Prohibition was the status quo until 1996 when California became the first state to adopt a law allowing medicinal marijuana use. Since then, thirteen additional states, along with the District of Columbia, have enacted similar laws. More states are now lining up with their own laws, which are in various stages of adoption. In addition, the Supreme Court has impacted the issue, both with …
Democracy And Judicial Review, Will And Reason, Amendment And Interpretation: A Review Of Barry Friedman's The Will Of The People, Vicki C. Jackson
Democracy And Judicial Review, Will And Reason, Amendment And Interpretation: A Review Of Barry Friedman's The Will Of The People, Vicki C. Jackson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
Duke Law Journal
No abstract provided.
Table Of Contents, Editorial Board
Table Of Contents, Editorial Board
University of Pennsylvania Journal of Constitutional Law
No abstract provided.