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Articles 91 - 120 of 127
Full-Text Articles in Law
The False Promise Of Proffit, Stephen K. Harper
The False Promise Of Proffit, Stephen K. Harper
University of Miami Law Review
No abstract provided.
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin
Articles
No abstract provided.
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Articles
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
Articles
No abstract provided.
Inside The Black Box, Robert Eli Rosen
The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock
The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock
Articles
No abstract provided.
“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler
“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler
Articles
No abstract provided.
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Articles
No abstract provided.
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson
Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson
Articles
No abstract provided.
Copyright Freeconomics, John M. Newman
Copyright Freeconomics, John M. Newman
Articles
Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.
This sea change has ushered in an era …
From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine
Articles
No abstract provided.
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Articles
No abstract provided.
The Fourth Amendment In The Information Age, Ricardo J. Bascuas
The Fourth Amendment In The Information Age, Ricardo J. Bascuas
Articles
In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private …
The Conventional Option, Gregory Koger, Sergio J. Campos
The Conventional Option, Gregory Koger, Sergio J. Campos
Articles
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the "conventional option," which allows the filibuster to be reformed by a simple majority of senators at any time using ordinary Senate procedures. As we show below, a majority of senators using the conventional option (1) cannot be filibustered; (2) can act on any day the Senate is in session (not just at the beginning …
Colonizing Humanity, Kunal Parker
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer
Articles
No abstract provided.
Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein
Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein
Articles
No abstract provided.
Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri
Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri
Articles
No abstract provided.
Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill
Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill
Articles
No abstract provided.
The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz
The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz
Articles
No abstract provided.
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Articles
No abstract provided.
Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig
Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig
Articles
This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in …
The Increasing Privatization Of Environmental Permitting, Jessica Owley
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
Articles
Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …
Balkan Ghosts, Patrick O. Gudridge
Future Present?, Patrick O. Gudridge
Ppl, The Foreign Tax Credit, And The Gitlitz “Finger” Principle, Stanley I. Langbein
Ppl, The Foreign Tax Credit, And The Gitlitz “Finger” Principle, Stanley I. Langbein
Articles
No abstract provided.
Presumptive Collection: An Innovative Proposal For A Notoriously Difficult Problem, Leigh Osofsky
Presumptive Collection: An Innovative Proposal For A Notoriously Difficult Problem, Leigh Osofsky
Articles
No abstract provided.