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2018

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Articles 14371 - 14400 of 14500

Full-Text Articles in Law

Tutela Restitutoria Y Derecho A La Imagen, Ricardo Geldres Campos Dec 2017

Tutela Restitutoria Y Derecho A La Imagen, Ricardo Geldres Campos

Ricardo Geldres Campos

ESC en los casos de afectación al derecho a la imagen

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Rediscovering Antitrust's Lost Values, Thomas J. Horton Dec 2017

Rediscovering Antitrust's Lost Values, Thomas J. Horton

Thomas J. Horton

This Article traces Congress’s consistent balancing and blending of social, political, moral, and economic values and objectives over the course of nearly 120 years of antitrust legislation. As a starting point, a plethora of outstanding and insightful scholarship analyzing Congress’s objectives in passing the Sherman, Clayton, and FTC Acts already exists. Less studied, however, has been Congress’s more recent legislation, including the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), and the National Cooperative Production Amendments of 1993 and 2004, to the National Cooperative Research Act of 1984 (NCRPA). By analyzing the legislative histories of such antitrust legislation in detail, …

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Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle Dec 2017

Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle

Josh Eagle

Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach.  If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers.  In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides.  Decreased beach use would …

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Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter Dec 2017

Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter

Liesa L. Richter

There is a war raging over the admissibility of the prior bad acts of criminal defendants in federal trials. While many circuits treat Federal Rule of Evidence 404(b) as a rule of “inclusion” and liberally admit such prior bad-acts evidence with predictably explosive effects on criminal juries, a few circuits are developing rigorous standards designed to foreclose prosecutorial use of such bad-acts evidence. This Article chronicles the well-documented permissive admission of the prior bad acts of criminal defendants notwithstanding the prohibition on such evidence by Federal Rule of Evidence 404(b)(1), as well as recent efforts by some federal circuits to …

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Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter Dec 2017

Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter

Liesa L. Richter

Criticism of the hearsay exceptions embodied in the Federal Rules of Evidence has reached a fever pitch in recent years. With scholars calling for the abrogation of the entire hearsay regime or of individual exceptions within it and the Advisory Committee on Evidence Rules exploring hearsay amendments, the time for genuine hearsay soul-searching may be at hand. This Article suggests that aggressive proposals to scuttle existing doctrine entirely in favor of alternative approaches to hearsay are overly broad, rejecting the benefits of significant portions of existing doctrine that are functioning well and threatening costly consequences that could make matters worse …

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One Oil And Gas Right To Rule Them All, Monika Ehrman Dec 2017

One Oil And Gas Right To Rule Them All, Monika Ehrman

Monika U. Ehrman

The proverbial “bundle of sticks” is an analogy familiar to real property scholars. The analogy compares property ownership to a bundle of sticks—that is, ownership composed of separate and individual property rights—where each “stick” represents a right or stream of benefits available to the property owner. Under the centuries-old common law ad coelum doctrine, real property contained all lands from the core of the earth to the sky. Although this “heaven-to-hell” doctrine is now limited, oil and gas still composes that part of subsurface real property, sometimes called the mineral estate. In oil and gas law, the mineral property bundle …

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Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr. Dec 2017

Litigating Nonhuman Animal Legal Personhood, Richard L. Cupp Jr.

Richard L. Cupp Jr.

In 2017 a New York appellate court issued a landmark ruling rejecting an animal rights organization’s efforts to assign legal personhood status to chimpanzees in Matter of Nonhuman Rights Project, Inc. v. Lavery. This paper provides context for the ruling, and includes an amicus curiae brief the author filed in the case. The court discussed the amicus curiae brief in explaining its ruling, and a prominent animal law blog described the court’s decision as “citing to and relying on” the brief. The brief asserts and the court ruled that rights are broadly connected to humans’ norm of capacity for legal …

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Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias Dec 2017

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

This is a book review of The Fight for Fair Housing: Causes, Consequences and Future Implications of the 1968 Federal Fair Housing Act  ed. Gregory D. Squires (Routledge 2018).
In addition to summarizing and evaluating all 15 chapters this review highlights the two major contributions of the volume: (1) Some chapters (especially chapters 10, 11, 13, and 15) begin to articulate an argument that effective implementation of fair housing law is not just good for members of protected classes but valuable for everyone because it can help markets work better, promote democracy, and expand opportunity for all; (2) the chapters addressing …

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Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias Dec 2017

Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias

Tim Iglesias

This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco and its potential violation of federal fair housing law. After a brief background discussion of some of the policy and legal issues raised by community preferences, the essay tells the story of the conflict and its resolution. The essay concludes with reflections on the potential value of …

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When Is Hate Speech Wrongful? A Comment On Alexander Brown’S Hate Speech As Degradation And Humiliation, Steven J. Heyman Dec 2017

When Is Hate Speech Wrongful? A Comment On Alexander Brown’S Hate Speech As Degradation And Humiliation, Steven J. Heyman

Steven J. Heyman

No abstract provided.

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Stategraft, Bernadette Atuahene, Timothy Hodge Dec 2017

Stategraft, Bernadette Atuahene, Timothy Hodge

Bernadette Atuahene

Although sometimes difficult to detect, governmental power abuses can have detrimental impacts. Property tax assessments provide an effective lens to examine this phenomenon because, given the complexity of calculating property tax assessments, it is difficult for citizens to know when local government has exceeded its legitimate taxing authority and crossed into the realm of illegal extraction. Michigan is an ideal case study because it protects property owners by making assessment-related power abuses more visible through a unique state constitutional provision: property tax assessments cannot exceed 50 percent of a property’s market value. Abuses have persisted nevertheless. Between 2011 and 2015, …

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The Trespass/Nuisance Divide And The Law Of Easements, Kenneth A. Stahl Dec 2017

The Trespass/Nuisance Divide And The Law Of Easements, Kenneth A. Stahl

Kenneth Stahl

No abstract provided.

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Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes Dec 2017

Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes

Michael E Lewyn

Review of Richard Florida's The New Urban Crisis

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The Granting Clause In The Modern Oil And Gas Lease, Monika Ehrman Dec 2017

The Granting Clause In The Modern Oil And Gas Lease, Monika Ehrman

Monika U. Ehrman

Of all the contracts used in the oil and gas industry, none is as important as the oil and gas lease. It is the foundational instrument in oil and gas and a required prerequisite to development for those who do not own the mineral estate. Its uniqueness arises in that unlike most other oil and gas contracts, it is both a contract and a conveyance of property. Part I of this article begins with an overview of the mineral estate, the predecessor to an oil and gas lease. Part II examines theories of oil and gas rights ownership and oil …

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Bisecting American Islam? Divide, Conquer, And Counter-Radicalization, Khaled A. Beydoun Dec 2017

Bisecting American Islam? Divide, Conquer, And Counter-Radicalization, Khaled A. Beydoun

Khaled Beydoun

The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in the region, while spurning Iran, the Shia Muslim hegemon that emerged in 1979 after the Islamic Revolution.

This sectarian strategy reaped great benefit in the form of exclusive rights over Saudi oil and staving off Soviet influence in the Mideast. But the State Department’s unwavering allegiance to Saudi Arabia today exposes it to foreign attacks and “homegrown radicalization” inspired by terror networks driven by Wahhabism, …

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Acting Muslim, Khaled A. Beydoun Dec 2017

Acting Muslim, Khaled A. Beydoun

Khaled Beydoun

The election of Donald Trump as the forty-fifth President of the United States ushered in an era of heightened state and popular suspicion of Muslim Americans. Trump’s hardline rhetoric, policy proposals and executive orders – most notably the so-called “Muslim Ban” – enhanced the presumption that Islam is tied to terrorism. In rapid time, the Trump Era intensified a national climate that pressures Muslim Americans to perform their religious identity in ways that make them less identifiable as Muslims, and resultantly, less vulnerable to the suspicion of the state and the backlash of private actors.

This Article defines this identity …

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Lone Wolf Terrorism: The Types, Stripes And Double Standards, Khaled A. Beydoun Dec 2017

Lone Wolf Terrorism: The Types, Stripes And Double Standards, Khaled A. Beydoun

Khaled Beydoun

The recent spike in mass shootings, topped by the October 1, 2017, Las Vegas massacre, dubbed the “deadliest mass shooting in modern U.S. history,” has brought newfound urgency and attention to lone wolf violence and terrorism. Although a topic of pressing concern, the phenomenon—which centers on mass violence inflicted by one individual— is underexamined and undertheorized within legal literature. This scholarly neglect facilitates flat understandings of the phenomenon and enables the racial and religious double standards arising from law enforcement investigations and prosecutions of white and Muslim lone wolves. This Essay contributes a timely reconceptualization of the phenomenon, coupled with …

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Formal And Informal Amendment Of The United States Constitution, Richard S. Kay Dec 2017

Formal And Informal Amendment Of The United States Constitution, Richard S. Kay

Richard Kay

This is the United States report submitted for the session on Formal and Informal Constitutional Amendment at the Twentieth Congress of the International Academy of Comparative Law to be held in Fukuoka, Japan in July, 2018. The report reviews the rules of Article V of the United States Constitution that sets out the rules for constitutional amendment and it provides a brief chronology of the twenty-eight amendments adopted to date. It notes a number of potential problems of interpretation associated with Article V. The report considers the widely held assumption that the United States Constitution is one of the hardest, …

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Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben Dec 2017

Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben

Jane Campbell Moriarty

This Article explores the issue of proper qualifications necessary for expert witnesses who testify about structural and functional neuroimaging evidence. It outlines the nature of the problem; explains some of the complexity of the question of expertise as a matter of medicine, science, and law, using criminal cases involving mental health as a helpful template to discuss the issues; provides some thoughts about better regulating neuroimaging evidence by focusing on the qualifications of experts; and offers modest policy suggestions to address the question of expert competence.

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California Co-Enforcement Initiatives That Facilitate Worker Organizing, Catherine Fisk, Seema Patel Dec 2017

California Co-Enforcement Initiatives That Facilitate Worker Organizing, Catherine Fisk, Seema Patel

Catherine Fisk

State and local labor standards agencies in California have been experimenting with collaborations with worker centers and other community groups as part of their enforcement efforts. The goal of these co-enforcement programs is to improve compliance and enforcement by training worker and community groups in the law and using their networks and cultural and linguistic competence, along with their years of base-building and member organizing, to improve outreach to low-wage workers in ways that increase worker awareness of their legal
rights at work and, thereby, to increase worker power to demand decent conditions at work. Likewise, co-enforcement programs train enforcement …

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Economic Analysis Of Labor Regulation, Hiba Hafiz Dec 2017

Economic Analysis Of Labor Regulation, Hiba Hafiz

Hiba Hafiz

In an era when administrative agency actions succeed or fail based on the thoroughness and rigor of their cost-benefit analyses and expertise, the 1940 statutory ban on hiring economists at the National Labor Relations Board (NLRB) is a shocking anachronism. The ban, accompanied by the Board’s failure to solicit external expertise, severely limits the success of the Board’s actions on judicial review, its institutional competency, and its ability to assess the economic effects of its labor regulation in achieving a central goal of the National Labor Relations Act:equal bargaining power between workers and their employers that secures competitive wages and …

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Adopted Statements In The Digital Age: Hearsay Responses To Social Media "Likes", Daniel R. Tilly Dec 2017

Adopted Statements In The Digital Age: Hearsay Responses To Social Media "Likes", Daniel R. Tilly

Daniel R. Tilly

Social media users collectively register billions of "likes" each and every day to the endless flow of content posted on social networking websites. What an individual user actually intends by the quick click of the "like" button may vary widely. Perhaps she is conveying acknowledgement but not agreement. Maybe he is expressing support but not acceptance. Within the social media context, short-form clicks register the same response. Yet they may be intended to convey sorrow, joy, support, agreement, acknowledgement, humor, or a multitude of other emotions. What a user actually intends by social media "likes" depends entirely on the person …

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International Investment Arbitration And The Arduous Route To Transparency, Sharon E. Foster Dec 2017

International Investment Arbitration And The Arduous Route To Transparency, Sharon E. Foster

Sharon E. Foster

To see the full book, click here.

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Cooperation Or Compromise? Understanding The Farm Bill As Omnibus Legislation, Margaret Sova Mccabe Dec 2017

Cooperation Or Compromise? Understanding The Farm Bill As Omnibus Legislation, Margaret Sova Mccabe

Margaret Sova McCabe

The Farm Bill (the Bill) is the principal driver of U.S. food law and policy. Its substance spans the food system including commodities, conservation, trade, nutrition, credit, rural development, forestry, and energy. These substantive titles command much scholarly analysis yet there is comparatively little review of the law-making process that yields the Bill. Given increased focus on Congress’s ability to use its legislative powers effectively, this essay questions whether the Bill’s traditional treatment as omnibus legislation leads to beneficial coherence or too much compromise in food system policy. Interestingly, disparate stakeholders prioritize maintaining the Bill as omnibus legislation. Some scholars …

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Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018) Dec 2017

Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)

Dr. Lukas K. Danner

No abstract provided.

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Diversity In Law School Hiring: Why It Is A Mistake To Make It All About Race, Carol Goforth Dec 2017

Diversity In Law School Hiring: Why It Is A Mistake To Make It All About Race, Carol Goforth

Carol Goforth

This article examines the extent to which efforts to increase diversity have achieved notable gains in the area of race, but in doing so have failed to address the overwhelmingly liberal tendencies prevalent on most law school faculties – and some of the costs of this imbalance.

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Honing The Emerging Right To Stop Eating And Drinking (Mod).Pdf, Norman L. Cantor Dec 2017

Honing The Emerging Right To Stop Eating And Drinking (Mod).Pdf, Norman L. Cantor

Norman Cantor

No abstract provided.

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"Cyber-War": Not A Helpful Characterization, Sarah Cormack Dec 2017

"Cyber-War": Not A Helpful Characterization, Sarah Cormack

Sarah Cormack

No abstract provided.

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Athletes, Veterans, And Neuroscience: A Symposium On Traumatic Brain Injury And Law, Jane Campbell Moriarty Dec 2017

Athletes, Veterans, And Neuroscience: A Symposium On Traumatic Brain Injury And Law, Jane Campbell Moriarty

Jane Campbell Moriarty

The last several years have educated us about the multiple causes and effects of traumatic brain injury (TBI). We have learned about concussions and brain injuries that many athletes suffer and the possibility of long term damage that such injuries may cause. The public is now sadly aware that many veterans are returning from Afghanistan and Iraq with combat-related brain injuries. And many citizens have learned first-hand that serious accidents can cause concussions and other forms of serious brain injuries.

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Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson Dec 2017

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

We finally have a federal ‘test case.’  In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age.  The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher.  This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. 
 
As for ambition, the …

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