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Full-Text Articles in Other Law

The Ban On The Use Of Chimpanzees In Biomedical Research And Testing In The Uk Should Be Made Permanent And Legally Binding, Michelle Thew, Jarrod Bailey, Michael Balls, Michelle Hudson Mar 2019

The Ban On The Use Of Chimpanzees In Biomedical Research And Testing In The Uk Should Be Made Permanent And Legally Binding, Michelle Thew, Jarrod Bailey, Michael Balls, Michelle Hudson

Jarrod Bailey, Ph.D.

The Coalition Government is currently considering how to transpose Directive 2010/63/EU on animal experimentation into UK law. The Directive bans the use of Great Apes in laboratories, but EU Member States can seek (now or, more likely, at some time in the future) a derogation from the Commission to permit such use, where this is considered essential for the preservation of the species in question or in relation to an unexpected outbreak of a life-threatening or debilitating clinical condition in human beings. Currently, the policy of the Government is not to approve any experiments on Great Apes, but ...


Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong Feb 2018

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

Rodney Fong

I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?


In Defense Of Ghostwriting, Jona Goldschmidt Feb 2018

In Defense Of Ghostwriting, Jona Goldschmidt

Jona Goldschmidt

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith Jan 2018

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes ...


Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson Nov 2017

Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson

Blake A Watson

No abstract provided.


Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman Nov 2017

Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman

Elizabeth Adelman

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe Sep 2017

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Religion And Social Coherentism, Nelson Tebbe Sep 2017

Religion And Social Coherentism, Nelson Tebbe

Nelson Tebbe

No abstract provided.


The University Of The Future Has Already Arrived, Stanley Fish Jul 2017

The University Of The Future Has Already Arrived, Stanley Fish

Stanley Fish

No abstract provided.


My Response, Stanley Fish Jul 2017

My Response, Stanley Fish

Stanley Fish

No abstract provided.


Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers Jun 2017

Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers

Jeffrey Lubbers

An introduction to the legal framework within which employees of the "twigs" on our fourth branch of government must operate. Particular attention is given to research sponsored by the Administrative Conference of the United States which has dealt with, for example, process problems in resolving specific issues and in building consensus on broad policy matters. [Excerpt] “Administrative agencies - the "twigs" on our fourth branch of government - are established to handle the details of administration deemed too painstaking, technically complex or even controversial for direct Congressional or Presidential involvement. In the current government structure, sometimes called the "modem administrative state," these ...


The Potential Of Rulemaking By The Nlrb, Jeffrey S. Lubbers Jun 2017

The Potential Of Rulemaking By The Nlrb, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law Jun 2017

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law

Ediberto Roman

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky Jun 2017

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk May 2017

The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager Mar 2017

Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins Nov 2016

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Creating Space For Reservation Growth, Ezra Rosser Nov 2016

Creating Space For Reservation Growth, Ezra Rosser

Ezra Rosser

No abstract provided.


Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin Nov 2016

Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin

Ezra Rosser

This paper is the front matter for the publication "Poverty Law, Policy, and Practice" published by Wolters Kluwer, 2014.


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis Nov 2016

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Brenda Smith

No abstract provided.


Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch Oct 2016

Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly Oct 2016

The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly

Daniel B Kelly

This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the ...


Academic Freedom Versus Academic Legitimacy, David Schraub Aug 2016

Academic Freedom Versus Academic Legitimacy, David Schraub

David Schraub

No abstract provided.


Suspension And Delegation, Amy Coney Barrett Aug 2016

Suspension And Delegation, Amy Coney Barrett

Amy Coney Barrett

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive legislative ...


Surrogacy And Dignity: Rights And Relationships, Kate Galloway Aug 2016

Surrogacy And Dignity: Rights And Relationships, Kate Galloway

Kate Galloway

In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her ...


Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii Aug 2016

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for ...


When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo Aug 2016

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

José Gabilondo

No abstract provided.


Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo Aug 2016

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

José Gabilondo

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.


Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk Jul 2016

Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk

Roxanne Mykitiuk

No abstract provided.


The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow Jun 2016

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely on the table as ...