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2004

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Articles 301 - 330 of 10099

Full-Text Articles in Law

Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam Dec 2004

Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

I have just returned from the annual meeting of the Canadian Association of Provincial Court Judges (CAPCJ) in Whitehorse, Yukon Territory. I must first tell you what a wonderful group of judges I met in Canada. I made many new friends and was treated as an old friend. I later realized that this treatment was not due to my overwhelming personality but to the fact that the AJA is respected by Canadian judges and has a great reputation in Canada. Thus the AJA president is treated as a friend.


Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan Dec 2004

Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan

Law Faculty Scholarly Articles

"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.

This Essay does …


The Confines Of Modern Constitutionalism, David T. Butleritchie Dec 2004

The Confines Of Modern Constitutionalism, David T. Butleritchie

The University of New Hampshire Law Review

[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …


Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers Dec 2004

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Court Review: Volume 40, Issue 3-4 - Table Of Contents Dec 2004

Court Review: Volume 40, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 3-4 - Cover Dec 2004

Court Review: Volume 40, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 3-4 - Editor's Note Dec 2004

Court Review: Volume 40, Issue 3-4 - Editor's Note

Court Review: Journal of the American Judges Association

With this double issue—and coming issues on jury reform and judicial independence in the trial court—we will be back on schedule by the time of the American Judges Association’s annual conference in October in San Francisco. I have appreciated your patience as our publication schedule has lagged behind the calendar; I have also appreciated the many kind comments we’ve received regarding the quality of the articles you have received.


Masthead, Volume 3, Number 1, 2004, Editorial Board Dec 2004

Masthead, Volume 3, Number 1, 2004, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Three, Issue Number One.


Examining The Merits Of Dual Regulation For Single-Stock Futures: How The Divergent Insider Trading Regimes For Federal Futures And Securities Markets Demonstrate The Necessity For (And Virtual Inevitability Of) Dual Cftcsec Regulation For Single-Stock Futures, Zachary T. Knepper Dec 2004

Examining The Merits Of Dual Regulation For Single-Stock Futures: How The Divergent Insider Trading Regimes For Federal Futures And Securities Markets Demonstrate The Necessity For (And Virtual Inevitability Of) Dual Cftcsec Regulation For Single-Stock Futures, Zachary T. Knepper

The University of New Hampshire Law Review

[Excerpt] "Single-stock futures are a recent addition to the financial landscape in the United States and provide retail and institutional investors with a new tool for investment or speculation. So far, the market response to these instruments has been cool. Some observers have argued that the regulatory framework for single-stock futures is a cause of the lack of investor interest. Single-stock futures are regulated by both the Commodities Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”), and this system of dual regulation has been criticized as overly burdensome and unnecessary."


A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner Dec 2004

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.


Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese Dec 2004

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese

North Carolina Law Review

No abstract provided.


A Legisprudential Analysis Of Evidence Codification: Why Most Rules Of Evidence Should Not Be Codified - But Privilege Law Should Be, Paul F. Kirgis Dec 2004

A Legisprudential Analysis Of Evidence Codification: Why Most Rules Of Evidence Should Not Be Codified - But Privilege Law Should Be, Paul F. Kirgis

Loyola of Los Angeles Law Review

No abstract provided.


A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried Dec 2004

A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried

Loyola of Los Angeles Law Review

No abstract provided.


High Steaks: Defending North Carolina's Response To Contagious Animal Diseases, Andrew H. Nelson Dec 2004

High Steaks: Defending North Carolina's Response To Contagious Animal Diseases, Andrew H. Nelson

North Carolina Law Review

No abstract provided.


A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002 Dec 2004

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002

Articles in Law Reviews & Other Academic Journals

A review of Florida Bar discipline from documents available to the public from 1988-2002.


Association Of American Law Schools Conference: Transcript Of The Section On Natural Resources In Atlanta, Georgia, January 5, 2004, Barlow Burke Dec 2004

Association Of American Law Schools Conference: Transcript Of The Section On Natural Resources In Atlanta, Georgia, January 5, 2004, Barlow Burke

Georgia State University Law Review

No abstract provided.


The Failure Of The Apalachicola-Chattahoochee-Flint River Basin And Alabama-Coosa-Tallapoosa River Basin Compacts And A Guide To The Successful Establishment Of Interstate Water Compacts, Charles T. Dumars, David Seeley Dec 2004

The Failure Of The Apalachicola-Chattahoochee-Flint River Basin And Alabama-Coosa-Tallapoosa River Basin Compacts And A Guide To The Successful Establishment Of Interstate Water Compacts, Charles T. Dumars, David Seeley

Georgia State University Law Review

No abstract provided.


The Addition Of The "Manifest Disregard Of The Law" Defense To Georgia's Arbitration Code And Potential Conflicts With Federal Law, David Boohaker Dec 2004

The Addition Of The "Manifest Disregard Of The Law" Defense To Georgia's Arbitration Code And Potential Conflicts With Federal Law, David Boohaker

Georgia State University Law Review

No abstract provided.


Interstate Allocation Of Rivers Before The United States Supreme Court: The Apalachicola-Chattahoochee-Flint River System, Douglas L. Grant Dec 2004

Interstate Allocation Of Rivers Before The United States Supreme Court: The Apalachicola-Chattahoochee-Flint River System, Douglas L. Grant

Georgia State University Law Review

No abstract provided.


Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman Dec 2004

Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman

Georgia State University Law Review

No abstract provided.


Have We Got A Deal For You: Can The East Borrow From The Western Water Marketing Experience?, Janet C. Neuman Dec 2004

Have We Got A Deal For You: Can The East Borrow From The Western Water Marketing Experience?, Janet C. Neuman

Georgia State University Law Review

No abstract provided.


The Supreme Court "Sells" Charles Singleton Short: Why The Court Should Have Granted Certiorari To Singleton V. Norris After Reversing United States V. Sell, Jeremy P. Burnette Dec 2004

The Supreme Court "Sells" Charles Singleton Short: Why The Court Should Have Granted Certiorari To Singleton V. Norris After Reversing United States V. Sell, Jeremy P. Burnette

Georgia State University Law Review

No abstract provided.


Who Owns Captain America? Contested Authorship, Work-For-Hire, And Termination Rights Under The Copyright Act Of 1976, John Molinaro Dec 2004

Who Owns Captain America? Contested Authorship, Work-For-Hire, And Termination Rights Under The Copyright Act Of 1976, John Molinaro

Georgia State University Law Review

No abstract provided.


Special Challenges To Water Markets In Riparian States, Joseph W. Dellapenna Dec 2004

Special Challenges To Water Markets In Riparian States, Joseph W. Dellapenna

Georgia State University Law Review

No abstract provided.


Sharing Water Through Interbasin Transfer And Basin Of Origin Protection In Georgia: Issues For Evaluation In Comprehensive State Water Planning For Georgia's Surface Water Rivers And Groundwater Aquifers, Stephen E. Draper Dec 2004

Sharing Water Through Interbasin Transfer And Basin Of Origin Protection In Georgia: Issues For Evaluation In Comprehensive State Water Planning For Georgia's Surface Water Rivers And Groundwater Aquifers, Stephen E. Draper

Georgia State University Law Review

No abstract provided.


What’S Wrong With An International Labor Market?, Thomas Kohler Nov 2004

What’S Wrong With An International Labor Market?, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Journalism Ethics In Wartime, Erik Ugland, Karen Slattery Nov 2004

Journalism Ethics In Wartime, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


Data, Detention, And Girls, Francine Sherman Nov 2004

Data, Detention, And Girls, Francine Sherman

Francine T. Sherman

No abstract provided.


Group Justice? Legal Moves That Lump Pharma Cases Together Are Bad For Justice And Bad For The Industry, William Janssen Nov 2004

Group Justice? Legal Moves That Lump Pharma Cases Together Are Bad For Justice And Bad For The Industry, William Janssen

William M. Janssen

This article critiques the judicial penchant for combining drug and device tort cases together for adjudication, and posits that the functional challenges encountered with such efficiencies compromise the essential truth-finding process of such litigation.


The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield Nov 2004

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …