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Journal

2003

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Articles 91 - 120 of 4428

Full-Text Articles in Law

Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

San Diego Law Review

Compensation is one of the least controversial goals of law; compensating for harms is assumed to be both efficient and morally praiseworthy. I shall argue that the moral component of this assumption needs refinement. Some of the features of legal remedies that pass as compensatory suggest that pursuit of compensation is not entirely virtuous.


The Grounds And Extent Of Legal Responsibility, Richard W. Wright Dec 2003

The Grounds And Extent Of Legal Responsibility, Richard W. Wright

San Diego Law Review

To question that is the title of this symposium, What Do Compensatory Damages Compensate?, requires consideration of the basic grounds and purposes of legal responsibility. The question is usefully brought into sharper focus by the specific questions and puzzles posed to the contributors to stimulate thought and discussion.


Recent Books, Michigan Law Review Dec 2003

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


Flourishing Forties Against Flaming Fifties: Is Reverse Age Discrimination Actionable Under The Age Discrimination In Employment Act?, Elena Minkin Dec 2003

Flourishing Forties Against Flaming Fifties: Is Reverse Age Discrimination Actionable Under The Age Discrimination In Employment Act?, Elena Minkin

Saint Louis University Law Journal

No abstract provided.


Safe At Home Base? A Look At The Military’S New Approach To Dealing With Domestic Violence On Military Installations, Jennifer Heintz Dec 2003

Safe At Home Base? A Look At The Military’S New Approach To Dealing With Domestic Violence On Military Installations, Jennifer Heintz

Saint Louis University Law Journal

No abstract provided.


The Purpose Of Lawyer Discipline, Fred C. Zacharias Dec 2003

The Purpose Of Lawyer Discipline, Fred C. Zacharias

William & Mary Law Review

No abstract provided.


Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder Dec 2003

Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman Dec 2003

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga Dec 2003

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg Dec 2003

Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle Dec 2003

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Table Of Contents Dec 2003

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Yesterday And Today: Of Indians, Breach Of Trust, Money, And Sovereign Immunity, Gregory C. Sisk Dec 2003

Yesterday And Today: Of Indians, Breach Of Trust, Money, And Sovereign Immunity, Gregory C. Sisk

Tulsa Law Review

No abstract provided.


Comment On The Ainu Trust Assets Litigation In Japan, Mark Levin, Teruki Tsunemoto Dec 2003

Comment On The Ainu Trust Assets Litigation In Japan, Mark Levin, Teruki Tsunemoto

Tulsa Law Review

No abstract provided.


The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee Dec 2003

The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee

First Amendment Law Review

No abstract provided.


Musings On The Dynamics Of Corporate Governance Issues, Director Liability Concerns, Corporate Control Transactions, Ethics, And Federalism, E. Norman Veasey Dec 2003

Musings On The Dynamics Of Corporate Governance Issues, Director Liability Concerns, Corporate Control Transactions, Ethics, And Federalism, E. Norman Veasey

University of Pennsylvania Law Review

No abstract provided.


Integrating The Indian Trust Doctrine Into The Constitution, Alex Tallchief Skibine Dec 2003

Integrating The Indian Trust Doctrine Into The Constitution, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.


Federal Trust Duty In An Age Of Indian Self-Determination: An Epitaph For A Dying Doctrine, Raymond Cross Dec 2003

Federal Trust Duty In An Age Of Indian Self-Determination: An Epitaph For A Dying Doctrine, Raymond Cross

Tulsa Law Review

No abstract provided.


Personal Foul: Unnecssary Restriction Of Endorsement And Employment Opportunities For Ncaa Student-Athletes, David Warta Dec 2003

Personal Foul: Unnecssary Restriction Of Endorsement And Employment Opportunities For Ncaa Student-Athletes, David Warta

Tulsa Law Review

No abstract provided.


Table Of Contents Dec 2003

Table Of Contents

Tulsa Law Review

No abstract provided.


Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor Dec 2003

Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor

William & Mary Law Review

No abstract provided.


Why Firms Adopt Antitakeover Arrangements, Lucian Arye Bebchuk Dec 2003

Why Firms Adopt Antitakeover Arrangements, Lucian Arye Bebchuk

University of Pennsylvania Law Review

No abstract provided.


Institutional Shareholders, Private Equity, And Antitakeover Protection At The Ipo Stage, Michael Klausner Dec 2003

Institutional Shareholders, Private Equity, And Antitakeover Protection At The Ipo Stage, Michael Klausner

University of Pennsylvania Law Review

No abstract provided.


Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber Dec 2003

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.


Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner Dec 2003

Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner

Duke Law Journal

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of perscriptive regulations-regulations that restrict behavior such as pollution-and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …


Evidence, Marc T. Treadwell Dec 2003

Evidence, Marc T. Treadwell

Mercer Law Review

This survey period saw no dramatic developments. The necessity exception to the hearsay rule continued to catch within its net statements that, a generation ago, would never have seen the light of a courtroom day. However, there were hints that some appellate justices and judges are becoming increasingly uncomfortable with the broad scope of the necessity exception. With regard to expert testimony, Georgia courts continued their refusal to adopt Daubert v. Merrell Dow Pharmaceuticals, Inc., perhaps because of a reluctance to impose on trial court judges the tremendous burden of microscopic analysis of proffered expert testimony.


Education Law, Jerry A. Lumley Dec 2003

Education Law, Jerry A. Lumley

Mercer Law Review

While the 2003 session of the Georgia General Assembly did not produce as much legislation in the area of school law as in years past, significant school legislation was signed into law by Governor Perdue in 2003. Additionally, Georgia's appellate courts issued several important decisions in this area. This Article discusses the significant legislation passed and major appellate decisions issued during the survey period.


The Problems Of Pouring-Rights Contracts, David S. Almeling Dec 2003

The Problems Of Pouring-Rights Contracts, David S. Almeling

Duke Law Journal

No abstract provided.


Indian Trust Responsibility: Protecting Tribal Lands And Resources Through Claims Of Injunctive Relief Against Federal Agencies, Mary Christina Wood Dec 2003

Indian Trust Responsibility: Protecting Tribal Lands And Resources Through Claims Of Injunctive Relief Against Federal Agencies, Mary Christina Wood

Tulsa Law Review

No abstract provided.


Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt Dec 2003

Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt

Michigan Law Review

It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …