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2008

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Articles 12091 - 12120 of 13276

Full-Text Articles in Law

Lifting The Veil: Women And Islamic Law, Christie S. Warren Jan 2008

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Faculty Publications

No abstract provided.


Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein Jan 2008

Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis Jan 2008

Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis

Faculty Publications

No abstract provided.


In Search Of Removal Jurisdiction, Scott Dodson Jan 2008

In Search Of Removal Jurisdiction, Scott Dodson

Faculty Publications

The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusion over what is and is not jurisdictional in a variety of contexts, including removal. The issue has critical implications for litigants. Yet it lacks scholarly coverage and is the subject of deep divisions in the lower courts. In this article, I develop an initial framework for tackling the jurisdictional/procedural characterization issues of the removal statute. I build upon the groundwork laid by prior precedent and modify it to account for the quasi-jurisdictional nature of removal and its impact on the federal-state balance of power. I …


Board Of Editors - Vol. 38, No. 3 2008 Jan 2008

Board Of Editors - Vol. 38, No. 3 2008

Seton Hall Law Review

No abstract provided.


Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton Jan 2008

Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Personal Integration And Outsider Status As Factors In Law Student Well-Being, Susan Grover Jan 2008

Personal Integration And Outsider Status As Factors In Law Student Well-Being, Susan Grover

Faculty Publications

No abstract provided.


The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer Jan 2008

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.


Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard Jan 2008

Narcissism, Over-Optimism, Fear, Anger, And Depression: The Interior Lives Of Corporate Leaders, Jayne W. Barnard

Faculty Publications

No abstract provided.


Unintelligent Design In Contract, Peter A. Alces Jan 2008

Unintelligent Design In Contract, Peter A. Alces

Faculty Publications

Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …


The Interpretation Game, Robert E. Rodes Jan 2008

The Interpretation Game, Robert E. Rodes

Journal Articles

Sir James Fitzjames Stephen, embarking on a powerful critique of John Stuart Mill, says: "In stating the grounds of one's dissent from wide-spread and influential opinions it is absolutely necessary to take some definite statement of those opinions as a starting point, and it is natural to take the ablest, the most reasonable, and the clearest." This is my justification for reviewing the present work. My disagreement with it is broad and deep, but, unlike many proponents of similar views, Professor Benson writes clearly and without jargon, and he brings to his work the experience of a working lawyer and …


Partnership Tax Allocation And The Internalization Of Tax-Item Transactions, Bradley T. Borden Jan 2008

Partnership Tax Allocation And The Internalization Of Tax-Item Transactions, Bradley T. Borden

Faculty Scholarship

No abstract provided.


Who Needs Bankruptcy Law?, Edward R. Morrison Jan 2008

Who Needs Bankruptcy Law?, Edward R. Morrison

Faculty Scholarship

This essay summarizes four papers: “Bargaining Around Bankruptcy: Small Business Distress and State Law,” 38 Journal of Legal Studies 255 (2009); “Bankruptcy’s Rarity: An Essay on Small Business Bankruptcy in the United States,” 5 European Company & Financial Law Review 172 (2008); “Small Business Bankruptcy and the Bankruptcy Abuse and Consumer Protection Act of 2005,” A Report to the United States Small Business Administration (2007); and Douglas G. Baird & Edward R. Morrison, “Serial Entrepreneurs and Small Business Bankruptcies,” 105 Columbia Law Review 2310 (2005).


Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu Jan 2008

Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability


Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo Jan 2008

Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo

Research Collection Yong Pung How School Of Law

This note considers if there is a discernible framework in which courts resolve alleged claims of breaches of natural justice. On the one hand, once it has been ascertained that the rules of natural justice apply, the court will look at all the circumstances of the case to determine if there has been any u nfairness. On the other hand, it has been suggested th even assuming the rules of natural justice apply, there can be varying degrees of rigour in which they are enforced, a sliding scale of sorts.


Resisting The Socialist Fetish, Shubhankar Dam Jan 2008

Resisting The Socialist Fetish, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.


Distinguished Visitors: The Honourable Murray Gleeson Ac Chief Justice Of Australia, Yihan Goh, Nathaniel Khng Jan 2008

Distinguished Visitors: The Honourable Murray Gleeson Ac Chief Justice Of Australia, Yihan Goh, Nathaniel Khng

Research Collection Yong Pung How School Of Law

No abstract provided.


Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan Jan 2008

Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This article examines the scope and efficacy of the civil remedies available to investors against listed companies which have made false or misleading statements in the secondary securities market in Singapore, both at common law and the statutory compensation scheme under the Securities and Futures Act. It argues that there are a number of limitations faced by such investors in bringing claims founded in tort law against the listed companies. While the statutory compensation scheme attempts to improve the position of investors, there are a number of deficiencies in the scheme the most significant of which is the ceiling on …


Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro B. Barros Jan 2008

Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro B. Barros

Research Collection Yong Pung How School Of Law

No abstract provided.


A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan Jan 2008

A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of 'foreign talent' have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang Jan 2008

China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang

Michigan Law Review

These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi Jan 2008

Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi

Michigan Law Review

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment. The Article concludes in Parts II and III that Glucksberg is right to confine …


In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker Jan 2008

In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker

Michigan Law Review

It has now been ten years since the Supreme Court handed down Glucksberg and Quill, rulings on laws that forbid "assisted suicide." In that time, normative and legal developments in the fields of law, medicine, and psychology have changed the landscape of the discourse on the choice of a mentally competent, terminally ill individual to choose to self-administer medications to bring about a peaceful death. Although the Court rejected petitioners' claims that state laws denying them the ability to end their terminal illnesses through self-administered medication violated the Constitution, it left states with the opportunity to experiment with legislation …


Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley Jan 2008

Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley

Michigan Law Review

This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector …


Limiting A Constitutional Tort Without Probably Cause: First Amendment Retaliatory Arrest After Hartman, Colin P. Watson Jan 2008

Limiting A Constitutional Tort Without Probably Cause: First Amendment Retaliatory Arrest After Hartman, Colin P. Watson

Michigan Law Review

Federal law provides a cause of action for individuals who are the target of adverse state action taken in retaliation for their exercise of First Amendment rights. Because these constitutional torts are "easy to allege and hard to disprove," they raise difficult questions concerning the proper balance between allowing meaningful access to the courts and protecting government agents from frivolous and vexatious litigation. In its recent decision in Hartman v. Moore, the U.S. Supreme Court tipped the scales in favor of the state in one subset of First Amendment retaliation actions by holding that plaintiffs in actions for retaliatory …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert Jan 2008

"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert

Michigan Law Review

The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.