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Articles 571 - 600 of 10518
Full-Text Articles in Law
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
William & Mary Law Review
No abstract provided.
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Research Collection Yong Pung How School Of Law
This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …
Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner
Zoned Out! Examining Campus Speech Zones, Carol L. Zeiner
Louisiana Law Review
No abstract provided.
Why The Rule Of Law?, Richard K. Greenstein
Why The Rule Of Law?, Richard K. Greenstein
Louisiana Law Review
No abstract provided.
Lawlessness Revealed: The Supreme Court's Man Of Liberty Transcends Tort Law, Nelson P. Miller
Lawlessness Revealed: The Supreme Court's Man Of Liberty Transcends Tort Law, Nelson P. Miller
Louisiana Law Review
No abstract provided.
Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes
Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes
Louisiana Law Review
No abstract provided.
Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard
Garnishing The Congressional Intent: Protectingdebtor Wages In Bank Accounts Under The Federal And Louisiana Wage Garnishment Exemption Statutes, G. Wogan Bernard
Louisiana Law Review
No abstract provided.
The Status Of Bystander Damage Claims In Louisiana: A Less-Than-Perfect Fit In The Tort Puzzle, Jessica Coco
The Status Of Bystander Damage Claims In Louisiana: A Less-Than-Perfect Fit In The Tort Puzzle, Jessica Coco
Louisiana Law Review
No abstract provided.
Apparently Not: The Status Of Apparent Authority After Holloway V. Shelter Mutual Insurance, Bendel Lee Carr Jr.
Apparently Not: The Status Of Apparent Authority After Holloway V. Shelter Mutual Insurance, Bendel Lee Carr Jr.
Louisiana Law Review
No abstract provided.
Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Looking Ahead (Scott M. Matheson, Jr.)
- Three Assumptions Lawyers Must Never Make (Brett G. Scharffs)
- Religious Doctrine and the Language of the Law (Derek P. Pullan)
- Faithful Sacrifice (Constance K. Lundberg)
Remedying A Particularized Form Of Discrimination: Why Disabled Plaintiffs Can And Should Bring Claims For Police Misconduct Under The Americans With Disabilities Act, Rachel E. Brodin
University of Pennsylvania Law Review
No abstract provided.
First Force, William A. Edmundson
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Substantially Deferring To Revenue Rulings After Mead, Ryan C. Morris
Substantially Deferring To Revenue Rulings After Mead, Ryan C. Morris
BYU Law Review
No abstract provided.
Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott
Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott
BYU Law Review
No abstract provided.
The Billable Hours Derby: Empirical Data On The Problems And Pressure Points, Susan Saab Fortney
The Billable Hours Derby: Empirical Data On The Problems And Pressure Points, Susan Saab Fortney
Faculty Scholarship
This article considers the consequences of law firm use of the hourly billing method and the recent increase in billable hour requirements. Part I of this article describes the rationale and methodology of an empirical study conducted in 2005 that explored attorney work-life issues and employer efforts to assist attorneys in dealing with work-life conflicts. Part II summarizes select study findings related to billable hours requirements and pressure. Part III concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil.
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie
William & Mary Law Review
No abstract provided.
Trial Distortion And The End Of Innocence In Federal Criminal Justice , Ronald F. Wright
Trial Distortion And The End Of Innocence In Federal Criminal Justice , Ronald F. Wright
University of Pennsylvania Law Review
No abstract provided.
The Underprivileged Profession: The Case For Supreme Court Recognition Of The Journalist's Privilege, Jeffrey S. Nestler
The Underprivileged Profession: The Case For Supreme Court Recognition Of The Journalist's Privilege, Jeffrey S. Nestler
University of Pennsylvania Law Review
No abstract provided.
Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston
Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston
All Faculty Scholarship
This paper analyzes polluters' incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs …
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel
Cornell Law Faculty Publications
This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in 2002. The principal claim of the paper is that the torture memos are morally bankrupt because they are legally bankrupt. The lawyers' actions were wrong from a moral point of view because the lawyers failed with respect to their obligation to treat the law with respect, not simply as an inconvenient obstacle to be planned around. The morality of …
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Cornell Law Faculty Publications
Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum struggle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. …
They're Playing A Tango, John W. Reed
They're Playing A Tango, John W. Reed
Other Publications
An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.
Proportionality As A Principle Of Limited Government, Alice Ristroph
Proportionality As A Principle Of Limited Government, Alice Ristroph
Duke Law Journal
This Article examines proportionality as a constitutional limitation on the power to punish. In the criminal context, proportionality is often mischaracterized as a specifically penological theory-an ideal linked to specific accounts of the purpose of punishment. In fact, a constitutional proportionality requirement is better understood as an external limitation on the state's penal power that is independent of the goals of punishment. Proportionality limitations on the penal power arise not from the purposes of punishment, but from the fact that punishing is not the only purpose that the state must pursue. Other considerations, especially the protection of individual interests in …
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Duke Law Journal
This paper is the first empirical analysis of appeal waiversclauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than to …
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Duke Law Journal
No abstract provided.