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2011

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Institution
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Articles 1 - 30 of 5395

Full-Text Articles in Law

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen Dec 2011

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating ...


Markets In Ip And Antitrust, Herbert J. Hovenkamp Dec 2011

Markets In Ip And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge ...


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Dec 2011

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.


Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty Dec 2011

Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty

Nevada Supreme Court Summaries

The Court reviewed a district court grant of summary judgment in favor of the insurer in an insurance coverage action.


Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen Dec 2011

Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen

Nevada Supreme Court Summaries

An appeal from a district court order granting a motion to dismiss in a tort action.


Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman Dec 2011

Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman

Nevada Supreme Court Summaries

The Court considered the State’s petition for a writ of mandamus challenging the district court’s exclusion of blood alcohol test results obtained by retrograde extrapolation from the prosecution of defendant for driving under the influence.


Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling Dec 2011

Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling

Nevada Supreme Court Summaries

The Court considered an appeal of a district court order denying a writ of habeas corpus.


Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon Dec 2011

Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.


Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland Dec 2011

Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court denial of a petition for a writ of habeas corpus, with consideration of the scope and applicability of Graham v. Florida to a term-of-years sentence.


Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones Dec 2011

Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones

Court Briefs

No abstract provided.


Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum Dec 2011

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum

NULR Online

No abstract provided.


Where To Begin Researching Civil Rights Law, Rebecca Mattson Dec 2011

Where To Begin Researching Civil Rights Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching civil rights law.


Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez Dec 2011

Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project


Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett Dec 2011

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.


A Commentary On The Committee On The Rights Of The Child's Definition Of Non-Refoulement For Children: Broad Protection For Fundamental Rights, Alice Farmer Dec 2011

A Commentary On The Committee On The Rights Of The Child's Definition Of Non-Refoulement For Children: Broad Protection For Fundamental Rights, Alice Farmer

Res Gestae

No abstract provided.


Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton Dec 2011

Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Ndls Update 12/20/2011, Notre Dame Law School Dec 2011

Ndls Update 12/20/2011, Notre Dame Law School

NDLS Updates

No abstract provided.


Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand Dec 2011

Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman Dec 2011

The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman

Faculty Scholarship at Penn Law

Survey data suggest that many people fear genetic discrimination by health insurers or employers. In fact, such discrimination has not yet been a significant problem. This article examines the fear and reality of genetic discrimination in the United States, describes how Congress sought to prohibit such discrimination by passing the Genetic Information Nondiscrimination Act of 2008 (GINA), and explores the implications of GINA for general internists and their institutions. It concludes that medical providers and health care institutions must be familiar with the general intent and specific terms of GINA, and should continue to collect genetic information that can contribute ...


2011 Law Commencement, Nova Southeastern University Dec 2011

2011 Law Commencement, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe Dec 2011

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Mahurin Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my ...


A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu Dec 2011

A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu

Faculty Scholarship

While our soldiers do their job in Iraq and elsewhere, we as members of this society possess our own solemn responsibility to eradicate ignorance and discrimination, and extend social acceptance and respect to all Americans – irrespective of skin color or ethnic origin.


Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey Dec 2011

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their ...


Senate Confirms Obama Nominee To Ninth Circuit, Ginny Laroe Dec 2011

Senate Confirms Obama Nominee To Ninth Circuit, Ginny Laroe

Articles About GGU Law

Morgan Christen, an Alaska Supreme Court Justice nominated by President Obama to the Ninth Circuit U.S. Court of Appeals, won Senate confirmation on Thursday. Christen is the first Golden Gate University law school graduate to join the Ninth Circuit.


Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez Dec 2011

Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez

Fred T. Korematsu Center for Law and Equality

No abstract provided.


Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray Dec 2011

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray

Law Library Research Guides - Archived

January 4 - February 17, 2012, the C|M|Law Library hosts the traveling exhibition Lincoln: The Constitution and the Civil War, an examination of how President Lincoln used the Constitution to confront three intertwined crises of the Civil War - the secession of Southern states, slavery, and wartime civil liberties. The materials highlighted in this guide offer opportunities to further explore the exhibition's themes and assess how Lincoln’s struggles still resonate with constitutional issues today.

The traveling exhibition was organized by the National Constitution Center and the American Library Association (ALA) Public Programs Office, and made possible by a ...


Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall Dec 2011

Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order refusing to enjoin a lender from instituting a second foreclosure action after being denied a Foreclosure Mediation Program certificate in a prior foreclosure action.


Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23, Daniel M. Ryan Dec 2011

Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23, Daniel M. Ryan

Nevada Supreme Court Summaries

The Court considers whether after a public records lawsuit commences, when a party requests records from a state entity, and that state entity withholds the requested records, is the requesting party entitled to a log containing a factual description of each withheld record and a legal basis for nondisclosure. Also, the Court considers what the state entity withholding records is required to provide to the requesting party in prelitigation situations.


Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen Dec 2011

Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen

Nevada Supreme Court Summaries

An appeal of a district court order denying a motion for a change of venue in a tort action.


Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews Dec 2011

Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.