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Articles 238381 - 238410 of 557789
Full-Text Articles in Law
Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock
Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock
Mercer Law Review
In Tennessee Secondary School Athletic Ass'n v. Brentwood Academy ("Brentwood I/,), the United States Supreme Court unanimously held that an athletic association may enforce its anti-undue-influence recruiting policy, restricting the speech of its voluntary member schools, to avoid undue influence on young student athletes during the recruitment process. In reaching its holding, the Court extended two lines of First Amendment jurisprudence. First, the Court extended the application of Ohralik v. Ohio State Bar Ass'n to a context other than attorney-client solicitation for the first time. In doing so, the Court held that the possibility of undue influence in athletic recruiting …
Transcript—Morning Session, William D. Underwood, Judith Wenger, William M. Sullivan
Transcript—Morning Session, William D. Underwood, Judith Wenger, William M. Sullivan
Mercer Law Review
Introduction 821
Reflections on Legal Education ..... William D. Underwood 824
Perspectives on Innovation, Possibilities for Change ..... Judith Wegner 829
Legal Education: The Academy, the Practice, and the Public ..... William M. Sullivan 841
Morning Question & Answer Period 849
Transcript—Afternoon Session, Roy T. Stuckey, Alice Thomas, Daisy Hurst Floyd
Transcript—Afternoon Session, Roy T. Stuckey, Alice Thomas, Daisy Hurst Floyd
Mercer Law Review
Reflections on Legal Education ..... Roy T. Stucky 859
"Are We Committing Malpractice?" Toward a Code of Professional Ethics for Legal Educators ..... Alice Thomas 866
Forming Professionals: A Journey of Identify and Purpose ..... Daisy Hurst Floyd 882
Afternoon Question & Answer Period 892
Preventing And Reducing Costs And Burdens Associated With E-Discovery: The 2006 Amendments To The Federal Rules Of Civil Procedure, Jessica Debono
Preventing And Reducing Costs And Burdens Associated With E-Discovery: The 2006 Amendments To The Federal Rules Of Civil Procedure, Jessica Debono
Mercer Law Review
On December 1, 2006, amendments to the Federal Rules of Civil Procedure (the "Rules") regarding the discovery of electronically stored information went into effect. This form of discovery is referred to as ediscovery. The 2006 amendments have significant effect on the obligations and responsibilities of parties, their lawyers, and the courts when dealing with discovery of electronically stored information. Specifically, the 2006 amendments affect how companies maintain, preserve, and produce electronically stored information. First, electronically stored information is now included in permissible discovery. Second, parties are required to "meet and confer" about the discovery of electronically stored information at the …
New Car Emissions Feared To Increase Global Temperatures, State Standing: Massachusetts V. Epa, Nick Bisher
New Car Emissions Feared To Increase Global Temperatures, State Standing: Massachusetts V. Epa, Nick Bisher
Mercer Law Review
As debate over global warming continues to intensify, the United States Supreme Court has taken steps to begin addressing the many interests asserted by private and public parties. In Massachusetts v. EPA, the Court issued a landmark opinion that gives states the power to assert their rights under the Clean Air Act in federal court. The Court also ruled that the Environmental Protection Agency ("EPA") acted arbitrarily and capriciously in denying a petition to promulgate a rule establishing limits on new motor vehicle emissions of carbon dioxide and other greenhouse gases ("GHGs") under the Clean Air Act. This decision …
Who's On First?: Why Philip Morris Usa V. Williams Left Juries Confused About Whose Injuries Can Be Considered When Determining Punitive Damages, Steven Moulds
Mercer Law Review
For the third time in eleven years, the United States Supreme Court imposed constitutional limits on punitive damage awards. In Philip Morris USA v. Williams, the Court, in a 5-4 decision, held that punitive damages cannot be used to punish a defendant for injuries that the defendant infficted upon nonparties to the case. However, the Court also held that injuries to nonparties can be considered when determining the reprehensibility of the defendant's conduct under the "Gore guideposts." Nevertheless, this decision is important for trial lawyers for what the Court did not hold. Once again, the Court passed on the …
Evaluating The Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz
Evaluating The Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz
Mercer Law Review
Law schools have compelling reasons to begin thoroughly reviewing their skills curriculum. Three new publications emphasize that preparing students for practice as competent and ethical lawyers is the central mission of legal education and scrutinize methods for achieving that goal. A new ABA Standard for Accreditation (the "Standard" or "Standard 302"), revised in 2005 to mandate skills education for every law student, is now being applied at law school reaccreditation reviews.
In addition, Educating Lawyers: Preparation for the Profession of Law (the "Carnegie Report"), a report written by the Carnegie Foundation for the Advancement of Teaching, and Best Practices for …
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Working Paper Series
There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
Exploring The Impact Of The Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits To Their Gay And Lesbian Employees?, Tiffany C. Graham
Exploring The Impact Of The Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits To Their Gay And Lesbian Employees?, Tiffany C. Graham
Working Paper Series
The article focuses on an issue that is shaping up to be the new front in the same-sex marriage wars: whether applying the terms of the more broadly-constructed amendments to public employers will bar them from offering domestic partner benefits to their gay and lesbian employees. The first part of the article offers an overview of domestic partner benefits plans and discusses the manner in which they are currently being threatened by the more broadly-constructed marriage amendments. The second part takes a close look at the litigation in National Pride at Work v. Michigan. This case represents the first time …
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
Brigham Young University Journal of Public Law
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Brigham Young University Journal of Public Law
No abstract provided.
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley
Brigham Young University Journal of Public Law
No abstract provided.
“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan
“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan
Working Paper Series
This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.
“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot
“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot
Working Paper Series
The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of war.
In …
A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell
A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell
Brigham Young University International Law & Management Review
No abstract provided.
Summary Of Johnson V. District Court, 124 Nev. Adv. Op. No. 23, Tyler Ure
Summary Of Johnson V. District Court, 124 Nev. Adv. Op. No. 23, Tyler Ure
Nevada Supreme Court Summaries
Petition for Writ of Mandamus or Writ of Prohibition challenging a district court order sealing a divorce case and a gag order restricting all parties and their attorneys from discussing the case with the public.
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed
Nevada Supreme Court Summaries
Appeal from a district court order granting partial summary judgment in a contract action. The appeal addresses whether NRS 602.070 bars a partnership operating under a fictitious name from bringing an action for breach of contract when the contract was not entered into under the fictitious name.
Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure
Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure
Nevada Supreme Court Summaries
Appellant appeals conviction on 22 counts of sexual assault of a minor under 14 years of age and 20 counts of lewdness with a child under 14 years of age. Appellant argues the district court should not have entered telephone conversation recorded in California into evidence. Appellant also argues that evidence regarding uncharged acts should not have been admitted.
The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce
The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce
Gerontology Institute Publications
This report will address the question of income adequacy for Pennsylvania’s older adults using the WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.
Changing Perceptions Of Private Religious Schools: Public Money And Public Trust In The Education Of Children, William W. Bassett
Changing Perceptions Of Private Religious Schools: Public Money And Public Trust In The Education Of Children, William W. Bassett
BYU Law Review
No abstract provided.
Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal
Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal
Human Rights & Human Welfare
One lazy summer evening in Beijing, about fifteen years ago, my wife and I were strolling down Jianguomenwai, the bustling street adjacent to our flat in the Qijiayuan Diplomatic Compound. The day had been sweltering, and as the sun began to set the sidewalks filled with pedestrians who, like us, had escaped their stuffy apartments to take in a cool, soothing breeze.
The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze
The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze
Human Rights & Human Welfare
According to Jeffrey Wasserstrom’s article, if the Chinese think they can censor the Olympics, and the political showcasing that will almost certainly accompany them, they are sorely mistaken. I am persuaded by the thrust of this argument. I just hope that as China vies for global leadership and influence, whatever truths the Olympic spotlight reveals about its potential in this regard are more farcical than tragic.
Corporate Taxation And International Charter Competition, Mitchell Kane, Edward B. Rock
Corporate Taxation And International Charter Competition, Mitchell Kane, Edward B. Rock
All Faculty Scholarship
Corporate Charter competition has become an increasingly international phenomenon. The thesis of this article is that this development in the corporate law requires a greater focus on the corporate tax law. We first demonstrate how a tax system’s capacity to distort the international charter market depends both upon its approach to determining corporate location and the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first best …
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone
Brigham Young University Journal of Public Law
No abstract provided.
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Michigan Law Review
Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …
Two Concepts Of Irreversible Environmental Harm, Cass R. Sunstein
Two Concepts Of Irreversible Environmental Harm, Cass R. Sunstein
Public Law and Legal Theory Working Papers
The concept of “irreversibility” plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility remains poorly defined. Because time is linear, any loss is, in a sense, irreversible. On one approach, drawn from environmental economics, irreversibility might be understood as a reference to the value associated with taking precautionary steps that maintain flexibility for an uncertain future (“option value”). On another approach, drawn from environmental ethics, irreversibility might be understood to refer to the qualitatively distinctive nature of certain environmental harms—a …
Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Public Law and Legal Theory Working Papers
No abstract provided.
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Michigan Law Review
Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however make decisions based on private costs and benefits, not social costs and …