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Articles 1 - 7 of 7

Full-Text Articles in Jurisprudence

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock Oct 2009

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande Jan 2009

When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande

Barry Law Review

No abstract provided.


Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu Jan 2009

Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu

Barry Law Review

Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …


The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke Jan 2009

The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke

Barry Law Review

This article discusses the battle in the courts as to whether highly compensated pharmaceutical sales representatives are entitled to overtime pay under the Fair Labor Standards Act, or whether they are excluded from such an entitlement under one or more of the Act’s “exemptions.” This article also conducts a review of the courts’ various conflicting positions and charts a course for addressing the issue before the Courts of Appeals and ultimately the Supreme Court.


Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith Jan 2009

Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith

Barry Law Review

This article begins with a presentation of the Giles case and provides an historical understanding of the confrontation right and forfeiture by wrongdoing under the Constitution, common law, and Federal Rules of Evidence. Through an examination of waiver requirements for other confrontation rights, the article demonstrates that the Court’s addition of an intent element has turned the forfeiture doctrine into a waiver of the confrontation right by misconduct.


On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner Jan 2009

On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.


The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta Jan 2009

The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta

Barry Law Review

No abstract provided.