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Articles 751 - 780 of 5841
Full-Text Articles in Law
To Build A Nation From The Bottom Up, Tan K. B. Eugene
To Build A Nation From The Bottom Up, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After 45 years of economic achievement, genuine political participation has to be the next stage
Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger
Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger
All Faculty Scholarship
No abstract provided.
Office 2007, Emily Barney, Heather Banks
Office 2007, Emily Barney, Heather Banks
Presentations
This workshop provided links and introductory tips for Office 2007.
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Publications
No abstract provided.
Supplemental Examinations To Consider, Reconsider, Or Correct Patent-Related Information: A Tangled Web Indeed, Lisa Dolak
College of Law - Faculty Scholarship
A pending legislative proposal would authorize the U.S. Patent and Trademark Office (USPTO) to undertake a “supplemental examination” of an issued patent to “consider, reconsider, or correct information believed to be relevant to the patent.” It would further bar the federal courts from holding a patent unenforceable “on the basis of conduct relating to information” considered during supplemental examination.
The obvious intent of the proposal is to constrain the federal courts’ power to entertain inequitable conduct-based challenges. Its emergence is unsurprising, given the mounting dissatisfaction with the courts’ application of the inequitable conduct doctrine. However, because the bill proposes to …
Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington
Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington
Nevada Supreme Court Summaries
Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
Nevada Supreme Court Summaries
Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M
Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Nevada Supreme Court Summaries
Appeal from a district court order denying a petition for judicial review from a decision of the Nevada Commission on Ethics, determining whether the censure of an elected public officer for alleged voting violations under NRS 281A.420(2)(c) violates the First Amendment.
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk
Nevada Supreme Court Summaries
No abstract provided.
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Department of Geography: Dissertations, Theses, and Student Research
This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …
Online Privacy, Social Networking, And Crime Victimization : Hearing Before The H. Subcomm. On Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 111th Cong., July 28, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg
Testimony Before Congress
Mr. Chairman, Facebook is a tremendous service, with the scope of email, the telephone, and even the Internet itself. It is also the source of many of the privacy concerns of users today. The critical problem is not what users post; it is that the Facebook changes the privacy settings too frequently and Facebook makes it too difficult for users to selectively post information. Self‐regulation has not worked because the FTC has been reluctant to pursue investigations. So, EPIC recommends changes to ECPA in Title 18 that would give users greater control of their information and reduce risk when they …
Virginia Bar Exam, July 2010, Section 1
Virginia Bar Exam, July 2010, Section 1
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, July 2010, Section 2
Virginia Bar Exam, July 2010, Section 2
Virginia Bar Exam Archive
No abstract provided.
Legal Information Links For Public Librarians, Patricia Morgan, Lisa Parisi
Legal Information Links For Public Librarians, Patricia Morgan, Lisa Parisi
UF Law Faculty Publications
No abstract provided.
Sissel V. Hhs - Original Complaint, Matt Sissel
Sissel V. Hhs - Original Complaint, Matt Sissel
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Interview With Harry Reid By Brien Williams, Harry M. Reid
Interview With Harry Reid By Brien Williams, Harry M. Reid
George J. Mitchell Oral History Project
Biographical Note
Harry Mason Reid was born on December 2, 1939, in Searchlight, Nevada. He attended Utah State University and George Washington University Law School. He is a Democratic U.S. Senator from Nevada, first elected in 1986, and, at the time of this interview, had served as Senate majority leader since 2007. Previously, he represented Nevada’s 1st Congressional District in the U.S. House of Representatives, was a city attorney, a state legislator, Nevada’s lieutenant governor, and chairman of the Nevada Gaming Commission.
Summary
Interview includes discussion of: majority leader; the Budget Committee vote and Bob Kerrey; 1986 Democratic Senatorial Campaign …
July 24, 2010: There Will Be A Vacation Break In Hallowed Secularism Until 8/5/2010, Bruce Ledewitz
July 24, 2010: There Will Be A Vacation Break In Hallowed Secularism Until 8/5/2010, Bruce Ledewitz
Hallowed Secularism
Blog post, “ There will be a vacation break in Hallowed Secularism until 8/5/2010“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Recurring Nightmares? Evidence Issues That Keep Coming Back In Employment Cases, Lynn Mclain
Recurring Nightmares? Evidence Issues That Keep Coming Back In Employment Cases, Lynn Mclain
All Faculty Scholarship
No abstract provided.
Business Taxes And International Competitiveness: Understanding How Taxes Can Distort Capital Ownership And Designing A Nondistortive International Tax System, Michael S. Knoll
Business Taxes And International Competitiveness: Understanding How Taxes Can Distort Capital Ownership And Designing A Nondistortive International Tax System, Michael S. Knoll
All Faculty Scholarship
Around the world, policymakers are obsessed with the competitiveness of their domestic companies and domestically based multinational corporations (MNCs). Such concerns frequently influence policy, especially tax policy. In this paper, I develop a theory of how taxes affect the international competitiveness of businesses. I then use that theory to evaluate basic tax policy decisions, such as the choice between residence- and source-based taxation and the level of tax rates, and to understand the impact various provisions in the U.S. Internal Revenue Code are likely to have on the competitiveness of U.S.-based corporations and MNCs.
Dean's Annual Letter 2010, Drucilla S. Ramey
Dean's Annual Letter 2010, Drucilla S. Ramey
Dean's Annual Report
No abstract provided.
Medicare Physician Fees: The Data Behind The Numbers, Laura A. Dummit
Medicare Physician Fees: The Data Behind The Numbers, Laura A. Dummit
National Health Policy Forum
Medicare’s physician fee schedule distributes nearly $60 billion annually and is a critical determinant of individual physicians’ incomes, beneficiaries' access to health care services, and Medicare spending, as well as the basis for physician fees used by many private payers. The Centers for Medicare & Medicaid Services (CMS) relies on data derived from expert judgment and other sources to update the fee schedule. Although CMS’s methods and data for maintaining the fee schedule have improved over the years, concerns remain about medical specialty society involvement and the lack of an effective ”counterweight” to vested interests in establishing and updating the …
Procreation, Harm, And The Constitution, Carter Dillard
Procreation, Harm, And The Constitution, Carter Dillard
NULR Online
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?
These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what …
July 22, 2010: Can Religious Believers Be Good Democratic Citizens?, Bruce Ledewitz
July 22, 2010: Can Religious Believers Be Good Democratic Citizens?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Can Religious Believers Be Good Democratic Citizens?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Bush, Ann Patricia (Mcreynolds), 1922-2022 (Mss 328), Manuscripts & Folklife Archives
Bush, Ann Patricia (Mcreynolds), 1922-2022 (Mss 328), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 328. Proof copy of "Executive Disorder: The Subversion of the United States Supreme Court, 1914-1940," written by Ann (McReynolds) Bush. The book follows the career of U.S. Attorney General (1913-1914) and Associate Supreme Court Justice (1914-1941) James Clark McReynolds, a native of Todd County, Kentucky.
Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr.
Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr.
Popular Media
The 1966 Miranda v. Arizona decision is arguably the most important and undeniably the most famous of all U.S. Supreme Court criminal procedure decisions. The noble purpose of this legal landmark is to prevent Americans taken into custody by police on criminal charges from being subjected to improper interrogation practices calculated to compel citizens to incriminate themselves.
Few people realize that since the early 1970s the Supreme Court has been stealthily choking the life out of Miranda. The latest example of this process of slow strangulation occurred a few weeks ago, on June 1, when the Court in Berghuis …
Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein
Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein
Cornell Law Faculty Publications
One of the most common critiques directed at deconstructive and poststructuralist theories is that they are amoral – rejecting the validity of the very idea of norms and moral principles as grounds for justifying or criticizing political action and social structures – and that in rejecting the validity of the distinction between what is just and what is unjust, they “collaborate with evil.” By now, an almost canonical example of this common critique is found in Martha Nussbaum’s highly critical essay on the work of Judith Butler, titled The Professor of Parody.3 Here, I focus on Nussbaum’s critique and on …
Grassland Governance And Common-Interest Communities, Anthony Schutz
Grassland Governance And Common-Interest Communities, Anthony Schutz
Nebraska College of Law: Faculty Publications
In the United States, today’s ranches are engaging in small-scale nature-based endeavors to diversify their income base. But the geographic boundary of the land they own creates a relatively small area within which to operate, and fragmented ownership diminishes the ability of any single landowner to produce nature-based income. Collective action among nearby landowners can produce a set of resources from which all members of the group can profit. Such action can enhance the economic, social, and environmental sustainability of grasslands and the populations that use them. This article shows that common-interest communities can be used to provide and allocate …
Morgens: More Qtip Mischief, Wendy G. Gerzog
Morgens: More Qtip Mischief, Wendy G. Gerzog
All Faculty Scholarship
In Morgens, the court ruled in favor of the government that section 2035(b) applied to the gift taxes paid by the qualified terminable interest property (QTIP) trust beneficiaries to gross up the widow’s estate by that amount. Because the surviving (or donee) spouse must be taxed on the underlying property over which she has no ownership rights, Congress enacted section 2207A to allow the second spouse to recover from the beneficiaries of the property the transfer taxes relating to her gift or estate inclusion. However, the court held that section 2207A did not shift the gift tax liability to those …
Transfer Pricing In Business Restructurings – Reasoning From Implausible Assumptions Issue Note 2 – (Oecd, Discussion Draft), Richard Thompson Ainsworth, Andrew Shact
Transfer Pricing In Business Restructurings – Reasoning From Implausible Assumptions Issue Note 2 – (Oecd, Discussion Draft), Richard Thompson Ainsworth, Andrew Shact
Faculty Scholarship
The OECD’s Center for Tax Policy and Administration roundtable on business restructurings in January 2005 led to a Joint Working Group project later that year on permanent establishments and business restructurings. One of the results was the Discussion Draft on Transfer Pricing Aspects of Business Restructurings that was available for public comment between September 19, 2008 and February 19, 2009.
This paper concerns Issue Note No. 2 in the Discussion Draft – Arm’s Length Compensation for the Restructuring Itself.
Issue Note No. 2 is deeply flawed. It relies on an unproved correlation between structure and performance (profit/loss potential). The Discussion …
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …