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Articles 412021 - 412050 of 560226
Full-Text Articles in Law
Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.
Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.
Vanderbilt Journal of Transnational Law
In calling for more narrowly focused controls, this study echoes the Bucy Report of 1976, one that called for restrictions on revolutionary rather than evolutionary technology.56 Yet more than a decade after that report was issued, United States export control lists are still weighted toward restricting all exports containing useful technology whether or not the export of an item would advance the capabilities of American adversaries to any degree.17 Unless industry leaders seize the opportunity to reduce the scope of national security export controls as Congress prepares to reauthorize the Export Administration Act, this report, like the Bucy Report before …
Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez
Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez
UC Law Journal
No abstract provided.
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
UC Law Journal
No abstract provided.
Land Use Regulatory Takings Revisited: The New Supreme Court Approaches, Craig A. Peterson
Land Use Regulatory Takings Revisited: The New Supreme Court Approaches, Craig A. Peterson
UC Law Journal
No abstract provided.
The Takings Nexus--The Supreme Court Chooses A New Direction In Land-Use Planning: A View From California, William A. Falik, Anna C. Shimko
The Takings Nexus--The Supreme Court Chooses A New Direction In Land-Use Planning: A View From California, William A. Falik, Anna C. Shimko
UC Law Journal
No abstract provided.
Regulated Taking Of Threatened Species Under The Endangered Species Act, Keith Saxe
Regulated Taking Of Threatened Species Under The Endangered Species Act, Keith Saxe
UC Law Journal
No abstract provided.
The Implied Covenant Of Good Faith And Fair Dealing: Examinng Employees' Good Faith Duties, Jeffrey M. Judd
The Implied Covenant Of Good Faith And Fair Dealing: Examinng Employees' Good Faith Duties, Jeffrey M. Judd
UC Law Journal
No abstract provided.
The Light Between Twilight And Dusk: Federal Criminal Law And The Volitional Insanity Defense, Jodie English
The Light Between Twilight And Dusk: Federal Criminal Law And The Volitional Insanity Defense, Jodie English
UC Law Journal
With the enactment of the Insanity Defense Reform Act of 1984, sweeping changes were wrought in the scope of the federal insanity defense. Prior to the Act's passage, federal courts had provided grounds for exculpation for offenders who suffered from either volitional or cognitive impairments. The successful insanity defense of would-be presidential assassin John Hinckley, Jr., however, provided the impetus for this federal legislation which markedly restricts the availability of the insanity defense to defendants in a federal criminal trial. The Insanity Defense Reform Act eliminates all provisions for excusing the volitionally compromised offender and recognizes a defense only for …
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Seattle University Law Review
This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …
Monopsony And Backward Integration: Section 2 Violations In The Buyer's Market, Susan E. Foster, C.P.A.
Monopsony And Backward Integration: Section 2 Violations In The Buyer's Market, Susan E. Foster, C.P.A.
Seattle University Law Review
This Comment will focus on the application of section 2 of the Sherman Antitrust Act to actions in the buyer's market. After briefly reviewing general antitrust law, this Comment will explore the status of antitrust claims in the buyer's market under both section 1 and section 2. The necessary elements of a section 2 monopsony claim will then be reviewed with particular emphasis on the types of buyer activities that might support a seller's claim under this section. As will be shown, the anticompetitive effect of these activities provides the major distinction between actions in the buyer's and seller's market. …
Survey Of Washington Search And Seizure Law: 1988 Update, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law: 1988 Update, Justice Robert F. Utter
Seattle University Law Review
This is a revision of the original Search and Seizure Survey published in The University of Puget Sound Law Review volume 9, number 1 (Fall 1985). This Survey, as did the first Survey, summarizes the predominant treatment of search and seizure issues under the fourth amendment and under article I, section 7 to the extent that this state provision is interpreted differently from the federal. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues such as retroactivity.
The Public Policy Exception To Judicial Deferral Of Labor Arbitration Awards--How Far Should Expansion Go, James Michael Magee
The Public Policy Exception To Judicial Deferral Of Labor Arbitration Awards--How Far Should Expansion Go, James Michael Magee
South Carolina Law Review
No abstract provided.
The Administration Of The Death Penalty In South Carolina: Experiences Over The First Few Years, Raymond Paternoster, Annmarie Kazyaka
The Administration Of The Death Penalty In South Carolina: Experiences Over The First Few Years, Raymond Paternoster, Annmarie Kazyaka
South Carolina Law Review
No abstract provided.
Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs
Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs
Articles
No abstract provided.
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton
Articles
No abstract provided.
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Cercla Cleanup Costs Under Comprehensive General Liability Insurance Policies: Property Damage Or Economic Damage?, Sharon L. Mccarthy
Fordham Law Review
No abstract provided.
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Defamation Of Teachers: Behind The Times?, Peter S. Cane
Fordham Law Review
No abstract provided.
The Constitutionality Of Request Notice Provisions In In Rem Tax Foreclosures, Ellen F. Friedman
The Constitutionality Of Request Notice Provisions In In Rem Tax Foreclosures, Ellen F. Friedman
Fordham Law Review
No abstract provided.
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Rejection Of Collective Bargaining Agreements In Bankruptcy: Finding A Balance In 11 U.S.C. §, Peter P. Brandow
Fordham Law Review
No abstract provided.
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Rule 609(A) In The Civil Context: A Recommendation For Reform, Teree E. Foster
Fordham Law Review
No abstract provided.
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Women Lawyers In Big Firms: A Study In Progress Toward Gender Equality, Judith S. Kaye
Fordham Law Review
No abstract provided.
The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian
The Role Of The Expert Witness In Music Copyright Infringement Cases, Michael Der Manuelian
Fordham Law Review
No abstract provided.
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham
Fordham Law Review
No abstract provided.
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
The Crash Of 1987: A Legal And Public Policy Analysis, Lewis D. Solomon, Howard B. Dicker
Fordham Law Review
No abstract provided.
Civil Rico: The Propriety Of Concurrent State Court Subject Matter Jurisdiction, Catherine M. Didomenico
Civil Rico: The Propriety Of Concurrent State Court Subject Matter Jurisdiction, Catherine M. Didomenico
Fordham Law Review
No abstract provided.
The Adverse Testimony Privilege: Time To Dispose Of A "Sentimental Relic", David Medine
The Adverse Testimony Privilege: Time To Dispose Of A "Sentimental Relic", David Medine
Articles by Maurer Faculty
No abstract provided.
Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad
Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad
Articles by Maurer Faculty
This essay reviews the following: Constitutional History of the American Revolution, Vol. 1: The Authority of Rights by John Phillip Reid and Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States, 1607-1788 by Jack P. Greene.
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article reviews the initial Soviet decisions through 1988, applying perestroika to the problem of protecting priroda. Surveyed here is the scope of the ecological problems in the USSR and traditional responses, followed by an examination of the current Soviet policy to restructure its administrative and legal system for environmental protection. These initial reforms will not all result in a direct or immediate improvement of the Soviet environmental protection regime. For instance, the reforms also are stimulating the Soviet "not in my backyard" (NIMBY) phenomenon, or local opposition to the siting of developments ranging from electrical power plants, to facilities …