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Articles 7681 - 7710 of 8794
Full-Text Articles in Law
Marijuana As A Schedule I Substance: Political Ploy Or Accepted Science?, Annaliese Smith
Marijuana As A Schedule I Substance: Political Ploy Or Accepted Science?, Annaliese Smith
Santa Clara Law Review
No abstract provided.
Book Review [Contempt Of Court: The Turn-Of-The-Century Lynching That Launched A Hundred Years Of Federalism], Santa Clara Law Review
Book Review [Contempt Of Court: The Turn-Of-The-Century Lynching That Launched A Hundred Years Of Federalism], Santa Clara Law Review
Santa Clara Law Review
No abstract provided.
Baehr Mysteries, Retroactivity, And The Concept Of Law, Mark Strasser
Baehr Mysteries, Retroactivity, And The Concept Of Law, Mark Strasser
Santa Clara Law Review
No abstract provided.
Visual Artists' Moral Rights In The United States: An Analysis Of The Overlooked Need For States To Take Action, Laura Nakashima
Visual Artists' Moral Rights In The United States: An Analysis Of The Overlooked Need For States To Take Action, Laura Nakashima
Santa Clara Law Review
No abstract provided.
Online Profiling Is On The Rise: How Long Until The United States And The European Union Lose Patience With Self-Regulation?, Scott Foster
Online Profiling Is On The Rise: How Long Until The United States And The European Union Lose Patience With Self-Regulation?, Scott Foster
Santa Clara Law Review
No abstract provided.
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
Faculty Works
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Scholarship@WashULaw
Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …
The Case For United States Reparations To African Americans, Adrienne D. Davis
The Case For United States Reparations To African Americans, Adrienne D. Davis
Scholarship@WashULaw
The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights.
Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill
Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill
Scholarship@WashULaw
This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.
Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams
Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams
Scholarship@WashULaw
This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …
Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis
Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis
Scholarship@WashULaw
As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Scholarship@WashULaw
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Scholarship@WashULaw
In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
Faculty Scholarship
Transcript of a panel on a scholar's approach to corporation law.
Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil
Are Ethics Committee Members Competent To Consult?, Diane E. Hoffmann, Anita J. Tarzian, J. Anne O'Neil
Faculty Scholarship
No abstract provided.
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
Articles & Chapters
An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Accounting Standards And German Supplementary Pensions: The Emerging Framework Underpinning Global Finance, Daniel I. Gordon
Accounting Standards And German Supplementary Pensions: The Emerging Framework Underpinning Global Finance, Daniel I. Gordon
GW Law Faculty Publications & Other Works
In this paper we focus on the current status of German employer-sponsored supplementary pensions in the context of moves towards the harmonization of international accounting standards. We emphasize the changing standards used to measure pension liability, and the consequences of these changes for (firstly) corporate management discretion and (secondly) German under-funded systems of defined benefit pensions. In combination, we show that claimed historical differences between the Anglo-American market for corporate control and the German system of entrenched management within interlocking boards of supervision are now less compelling than assumed. Adoption of international and US financial accounting standards by leading German …
Family Leave And The Gender Wage Gap, Michael Selmi
Family Leave And The Gender Wage Gap, Michael Selmi
GW Law Faculty Publications & Other Works
In this article, I argue that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men with respect to the care of children. Until now, most suggestions have focused on changing the behavior of women or employers, but women continue to face significant disadvantages in the workplace despite substantial changes in their labor force behavior. In the first part of the article, I analyze the latest data and conclude that the gender pay gap reflects both women's actual labor market behavior, which still differs from men's, and employers' exaggerated responses …
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Law Faculty Scholarship
No abstract provided.
The Consumer Advocates V. The Banks: Public Debate Of Regulation Issues Survives Passage Of The Financial Services Modernization Act, Don Allen Resnikoff
The Consumer Advocates V. The Banks: Public Debate Of Regulation Issues Survives Passage Of The Financial Services Modernization Act, Don Allen Resnikoff
Loyola Consumer Law Review
No abstract provided.
Table Of Contents, Annals Of Health Law
Table Of Contents, Annals Of Health Law
Annals of Health Law and Life Sciences
No abstract provided.
The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld
The Attorney/Client Privilege: A Fond Memory Of Things Past: An Analysis Of The Privilege Following United States V. Anderson, Michael M. Mustokoff, Jonathan L. Swichar, Cheryl Roth Herzfeld
Annals of Health Law and Life Sciences
Mr. Mustokoff, Mr. Swichar, and Ms. Herzfeld address the rudiments of the attorney/client privilege, its crime-fraud exception, corporate compliance programs, the United States government's quest for voluntary disclosure, and how those principles have been affected by United States v. Anderson.
(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney
(Panelist) Collision, Towage, Salvage And Limitation Of Liability, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Pragmatic Conceptualism, Benjamin C. Zipursky
Pragmatic Conceptualism, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Pet Animals: What Happens When Their Humans Die?, Gerry W. Beyer
Pet Animals: What Happens When Their Humans Die?, Gerry W. Beyer
Santa Clara Law Review
No abstract provided.
En Banc Review, Horror Pleni, And The Resolution Of Patent Law Conflicts, William C. Rooklidge, Matthew F. Weil
En Banc Review, Horror Pleni, And The Resolution Of Patent Law Conflicts, William C. Rooklidge, Matthew F. Weil
Santa Clara Law Review
No abstract provided.
Modeling The Garden: How New Jersey Built The Most Progressive State Supreme Court And What California Can Learn, Kevin M. Mulcahy
Modeling The Garden: How New Jersey Built The Most Progressive State Supreme Court And What California Can Learn, Kevin M. Mulcahy
Santa Clara Law Review
No abstract provided.
Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian
Women's Human Rights In Iran: What Can The International Human Rights System Do?, Maryam Javaherian
Santa Clara Law Review
No abstract provided.
Book Review [The Promise And Peril Of Environmental Justice], Santa Clara Law Review
Book Review [The Promise And Peril Of Environmental Justice], Santa Clara Law Review
Santa Clara Law Review
No abstract provided.