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2006

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Articles 91 - 120 of 11842

Full-Text Articles in Law

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson Dec 2006

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson

BYU Law Review

No abstract provided.


Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert Dec 2006

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert

BYU Law Review

No abstract provided.


All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield Dec 2006

All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield

BYU Law Review

No abstract provided.


Table Of Contents Dec 2006

Table Of Contents

BYU Law Review

No abstract provided.


2006 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University Dec 2006

2006 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


New Differences Between Negligence And Strict Liability And Their Implications On Medical Malpractice Reform, Noam Sher Dec 2006

New Differences Between Negligence And Strict Liability And Their Implications On Medical Malpractice Reform, Noam Sher

ExpressO

The present article seeks to explore previously undiscussed differences between the negligence and strict liability rules and thereby examine the required medical liability reform, if such reform is indeed required. Our main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons, related to the legal function of resolving partial information problems which cause partial failure in the healthcare market. Among other things, the negligence mechanism (1) motivates the parties to a potential damages claim to invest in information gathering; (2 ...


Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro Dec 2006

Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro

ExpressO

This paper is a multidisciplinary study of two competing theories of states’ motives and behavior in international relations, realism and transnationalism. The first theory, realism, suggests that states are constantly competing for security and power within an anarchical international system incapable of preventing aggression or conflict. A competing philosophy, transnationalism, (also known as liberalism) suggests that cooperation, not competition, is the defining characteristic of international relations and that democratization and global economic interdependence reduce the benefits of interstate conflict and encourage long-term cooperation.

This paper seeks to explain the apparent disparity of states competing for power in security matters while ...


Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart Dec 2006

Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart

ExpressO

No abstract provided.


An Unprecedented Curtailment Of Liberty: Samson V. California And Its Gift Of A Limitless Blank Check For “Arbitrary, Capricious, Or Harassing” Searches And Seizures , Jillian Ostrove Dec 2006

An Unprecedented Curtailment Of Liberty: Samson V. California And Its Gift Of A Limitless Blank Check For “Arbitrary, Capricious, Or Harassing” Searches And Seizures , Jillian Ostrove

ExpressO

No abstract provided.


Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn Dec 2006

Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn

Amicus Briefs

Plaintiffs in this case seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, which protects consumers and the privacy interests of doctors in the state of New Hampshire from the increasingly common practice of using doctor-identifying information in prescription records to facilitate targeting of pharmaceutical marketing and gifts toward doctors who prescribe the most expensive drugs for their patients. This practice raises drug costs for all New Hampshire residents and compromises the professional autonomy of doctors. This brief addresses the failure of the plaintiffs to show that they are likely to succeed on the ...


Citation List: Working Papers, Seth Barrett Tillman Dec 2006

Citation List: Working Papers, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to my working papers.

[27 May 2015]


Civil Service Commission Vs. Sherrie Durham Dec 2006

Civil Service Commission Vs. Sherrie Durham

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Optimal Tax Compliance And Penalties When The Law Is Uncertain, Kyle D. Logue Dec 2006

Optimal Tax Compliance And Penalties When The Law Is Uncertain, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This Article examines the optimal level of tax compliance and the optimal penalty for noncompliance in circumstances in which the tax law is substantively uncertain – that is, when the precise application of the Internal Revenue Code to a particular situation is not clear. In such situations, two interesting questions arise: First, as a normative matter, how certain should a taxpayer be before she relies on a particular interpretation of a substantively uncertain tax rule? That is, if a particular position is not clearly prohibited, but neither is it clearly allowed, under the tax law, what is the appropriate threshold of ...


The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek Dec 2006

The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek

Cornell Law School J.D. Student Research Papers

The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that was held in Rome to establish the International Criminal Court in 1998 finally adopted the Rome Statute with the participation of 160 countries. The Rome Statute of the ICC entered into force on 1 July 2002 and has been ratified by 100 States. What was considered not so long ago merely a dream of a few people has become a reality after the strenuous efforts of the UN over 50 years. However, one central issue still remains unresolved in the Rome Status. It is ...


Restoring The Right Constitution?, Eduardo M. Peñalver Dec 2006

Restoring The Right Constitution?, Eduardo M. Peñalver

Cornell Law Faculty Publications

After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest in the natural law tradition within philosophical circles. This natural law renaissance, however, has yet to bear much fruit within American constitutional discourse, especially among commentators on the left. In light of its low profile within contemporary constitutional debates, an effort to formulate a natural law constitutionalism is almost by definition an event worthy of sustained attention. In "Restoring the Lost Constitution," Randy Barnett draws heavily upon a natural law theory of constitutional legitimacy to argue in favor of a radically libertarian reading of ...


Taxes And Competitiveness, Michael S. Knoll Dec 2006

Taxes And Competitiveness, Michael S. Knoll

Faculty Scholarship at Penn Law

Around the world, the tax laws are shaped by concerns with competitiveness. This paper provides a general theory of how taxes impact competitiveness. As part of that theory, this paper also introduces the concept of tax-based competitiveness neutrality. A tax system is competitively neutral when taxes do not cause competitors to change their relative valuations of any investments. This paper then uses that theory to evaluate tax policy in two high profile and important areas. The paper begins by describing two models of competitiveness, called the conduit or new money model and the investor or old money model. The central ...


Tennessee Department Of Safety Vs. Dos Nos. F2461 & F2462one 1989 Ford Truck Vin No. 2fdlf47g0kca16065 $310.00 In Us Currency, Seized From: Jesse E. Taylor Iii, Date Of Seizure: May 12, 2006, Claimant: Jesse E. Taylor Iii One : 1995 Toyota Camry Vin No. 4t1sk12e4su512563 $1,164.00 In Us Currency, Seized From: Henry J. Walton, Date Of Seizure: May 12, 2006, Claimant: Henry J. Walton Dec 2006

Tennessee Department Of Safety Vs. Dos Nos. F2461 & F2462one 1989 Ford Truck Vin No. 2fdlf47g0kca16065 $310.00 In Us Currency, Seized From: Jesse E. Taylor Iii, Date Of Seizure: May 12, 2006, Claimant: Jesse E. Taylor Iii One : 1995 Toyota Camry Vin No. 4t1sk12e4su512563 $1,164.00 In Us Currency, Seized From: Henry J. Walton, Date Of Seizure: May 12, 2006, Claimant: Henry J. Walton

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu Dec 2006

Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu

Nevada Supreme Court Summaries

NRS 178.400, Nevada's standard for a defendant's competency to stand trial, conforms to the standard set out by the United States Supreme Court in Dusky v. United States.


Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual Dec 2006

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual

Faculty Scholarship

This presentation is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.


Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold Dec 2006

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold

iBlawg

No abstract provided.


Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho Dec 2006

Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Revised Consent Decree: Parties: Shoshone-Paiute Tribes, Idaho, United States, J.R. Simplot Company, Riddle Ranches. Duck Valley Reservation Contents: 1. Procedural History, Offer of Judgment. p.1; 2. Entry of Partial Final Decrees for Federal Reserved Water Rights. p.2; 3. Remaining Water Right Claims Disallowed, p.3; 4. Withdrawal of United States’ Objections to Riddle Ranch p.3; 5. Administration of Water Rights including tribal water code, p.3; 6. Waivers and Releases p.3; 7. No Establishment of Precedent, p.4; 8. Resolution and Finality, p.5; 9. Costs and Fees, p. 5; Attachment A, Consumptive Claim Numbers ...


Demetrious Herron F5280tennessee Department Of Safety Vs. One 1998 Ford Contour Vin No.: 1fafp6631wk249713, Seized From: Demetrious Herron, Date Of Seizure: August 15, 2006, Claimant: Anita Stafford, Lien Holder: Dec 2006

Demetrious Herron F5280tennessee Department Of Safety Vs. One 1998 Ford Contour Vin No.: 1fafp6631wk249713, Seized From: Demetrious Herron, Date Of Seizure: August 15, 2006, Claimant: Anita Stafford, Lien Holder:

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Travis B. Grady F2875tennessee Department Of Safety Vs. One 1993 Nissan 240 Sxvin No.: Jn1ms34p8pw308094, Seized From: Travis Grady, Date Of Seizure: May 15, 2006, Claimant: Community Bank Of The Cumberlands, Lien Holder: Community Bank Of The Cumberlands Dec 2006

Travis B. Grady F2875tennessee Department Of Safety Vs. One 1993 Nissan 240 Sxvin No.: Jn1ms34p8pw308094, Seized From: Travis Grady, Date Of Seizure: May 15, 2006, Claimant: Community Bank Of The Cumberlands, Lien Holder: Community Bank Of The Cumberlands

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. 1999 Mercury Cougar Vin: 1zwft61l2x5652962, Seized From: Angela C. Hicks, Date Of Seizure: May 19, 2006, Claimant: Barbara Pierpoint Dec 2006

Department Of Safety Vs. 1999 Mercury Cougar Vin: 1zwft61l2x5652962, Seized From: Angela C. Hicks, Date Of Seizure: May 19, 2006, Claimant: Barbara Pierpoint

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. 1998 Mercedes Benz Vin: Wdbha23g9wa630511, Seized From: Jesse Woodley, Jr., Date Of Seizure: June 2, 2006, Claimant: Fredia W. Woodley Dec 2006

Department Of Safety Vs. 1998 Mercedes Benz Vin: Wdbha23g9wa630511, Seized From: Jesse Woodley, Jr., Date Of Seizure: June 2, 2006, Claimant: Fredia W. Woodley

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. 1999 Dodge Durango Vin: 1b4hs28z4xf652006, Seized From: Charles Clark, Date Of Seizure: June 27, 2006, Claimant: Augusta Clark, Lienholder: Wrights Auto Sales Dec 2006

Department Of Safety Vs. 1999 Dodge Durango Vin: 1b4hs28z4xf652006, Seized From: Charles Clark, Date Of Seizure: June 27, 2006, Claimant: Augusta Clark, Lienholder: Wrights Auto Sales

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. 1999 Pontiac Bonneville Vin: 1g2hx52k7xh214705, Seized From: Eddie M. Jones, Date Of Seizure: June 30, 2006, Claimant: Shavonna Windham, Lienholder: Covington Pike Acceptance Dec 2006

Department Of Safety Vs. 1999 Pontiac Bonneville Vin: 1g2hx52k7xh214705, Seized From: Eddie M. Jones, Date Of Seizure: June 30, 2006, Claimant: Shavonna Windham, Lienholder: Covington Pike Acceptance

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Ofsafety Vs. One 200 Chrysler Van Vin # 1c4gp64l0yb636287, Seized From: Ian Edwards, Seizure Date: July 29, 2005claimant: Nadine E4625 Edwards Dec 2006

Tennessee Department Ofsafety Vs. One 200 Chrysler Van Vin # 1c4gp64l0yb636287, Seized From: Ian Edwards, Seizure Date: July 29, 2005claimant: Nadine E4625 Edwards

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety, Petitioner, Vs. Two Thousand, Seven Hundred And Twenty-Three Dollars $2,723.00 In U.S. Currency, Seized From: David S. Scott, Seizure Date: June 16, 2005, Claimant: David S. Scott Dec 2006

Tennessee Department Of Safety, Petitioner, Vs. Two Thousand, Seven Hundred And Twenty-Three Dollars $2,723.00 In U.S. Currency, Seized From: David S. Scott, Seizure Date: June 16, 2005, Claimant: David S. Scott

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Isabella Clemons Dec 2006

Isabella Clemons

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.