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No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell 2017 Western University

No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell

Western Journal of Legal Studies

Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.

In Canada, this traditional view of white-collar criminals ...


The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi 2017 Wilfrid Laurier University

The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi

Bridges: An Undergraduate Journal of Contemporary Connections

This paper intends to examine the environmental issues that accompany air pollution generated from traffic related incidents, and the implications that this mass-generated pollution has on air quality, as well as the quality of life of humans exposed chronically to airborne carcinogens. Traffic related air pollution is an environmental problem that is heightened by urban design and population demographics such as urban sprawl, spatial distribution, population density, and infrastructure design. Furthermore, this paper will scrutinize Canadian legislation that regulates traffic related air pollutants, and develop an argument for how to apply legislation going forward. As Cartier, Benmarinha, and Brousselle (2015 ...


Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves 2017 University of Michigan Law School

Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves

University of Michigan Journal of Law Reform

As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But ...


Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson 2017 Fordham University

Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson

Notre Dame Law Review

Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel and ...


Incomplete Takings, Abraham Bell, Gideon Parchomovsky 2017 University of San Diego

Incomplete Takings, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship

Incomplete takings are vital and extremely common. Yet, they present unique challenges that cannot be resolved by standard rules of eminent domain. In particular, incomplete, or partial, takings may result in the creation of suboptimal parcels, and even unusable and unmarketable ones. Additionally, partial takings create nettlesome assessment problems that do not arise when parcels are taken as a whole. Finally, incomplete takings engender opportunities for inefficient strategic behavior on the part of the government after the partial taking has been carried out. Current partial takings jurisprudence fails to resolve these problems, and, in some instances even exacerbates them.

In ...


Frivolous Action Filings In California Courts, California Research Bureau 2017 Golden Gate University School of Law

Frivolous Action Filings In California Courts, California Research Bureau

California Agencies

No abstract provided.


You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li 2017 The University of Western Ontario

You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li

Western Journal of Legal Studies

The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...


Newsroom: Logan On Trump And Libel Law 01-03-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Logan On Trump And Libel Law 01-03-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Legal Resources On The Trump Immigration Ban, Center for Constitutional Law 2017 The University of Akron

Legal Resources On The Trump Immigration Ban, Center For Constitutional Law

Con Law Center Articles and Publications

This resource bibliography provides legal resources related to the litigation over the presidential immigration ban issued on Jan. 27, 2017. These resources include the executive order, key court decisions, and explanatory commentary.


Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman 2017 Washington and Lee University School of Law

Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman

Washington and Lee Law Review

Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies.

The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The overlapping policies consist of compensating the plaintiff, preventing the defendants’ unjust enrichment, deterring the defendants and others, and punishing the defendants. Courts implement these policies with compensatory damages, restitution, and punitive damages. A bribe can be returned as damages or restitution, a significant distinction. Punishment ...


The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi 2017 American University Washington College of Law

The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi

American University Law Review

No abstract provided.


The Circular Logic Of Actavis, Joshua B. Fischman 2017 American University Washington College of Law

The Circular Logic Of Actavis, Joshua B. Fischman

American University Law Review

No abstract provided.


Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou 2017 American University Washington College of Law

Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou

American University National Security Law Brief

No abstract provided.


The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz 2017 University of Michigan Law School

The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz

Reviews

Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which ...


Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster 2017 Duke Law School

Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster

Faculty Scholarship

This paper examines the Article 22.6 arbitration report of the WTO dispute over the United States’ country of original labeling (US-COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports; this is the second largest authorized retaliation on record and only the twelfth WTO dispute to reach the stage ...


Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort 2017 Washington University School of Law

Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort

Washington University Journal of Law & Policy

This Note addresses the challenges that small research universities face when competition from larger, well-funded research universities lure highly skilled researchers using lucrative compensation packages and other benefits. Fort evaluates doctrines in contract law to identify trends in intellectual property ownership, relationships between research institutions and private sectors, and current case law to identify dis-incentivizing mechanisms that could curb competition that leaves small research universities with little recourse once researchers are poached. Fort recommends strict assignment agreements that would preserve an interest in patents and copyrights in favor of the smaller research institutions, in addition to liquidated damages provisions in ...


Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French 2016 Penn State Law

Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French

Christopher C. French

Insurance policies commonly are understood to be a species of standardized contracts. This Article challenges that conventional wisdom and argues that insurance policies do not actually qualify as contracts under the doctrinal and theoretical bases of contract formation. It examines the process by which insurance policies are created and sold, and measures that process against the requirements for contract formation. This Article also distinguishes insurance policies from other types of standardized contracts, such as wrap agreements, which currently are the subject of much litigation and scholarly commentary. It then explores the doctrinal and theoretical bases underlying the specialized rules that ...


Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr. 2016 University of Georgia School of Law

Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh 2016 Washington College of Law, American University

The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh

Paul Figley

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...


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