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2773 full-text articles. Page 1 of 72.

Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit, Jared S. Sunshine 2016 The Catholic University of America, Columbus School of Law

Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit, Jared S. Sunshine

Catholic University Law Review

Privilege law can be frustrated by the complexity of modern legal actions involving ramified enterprises engaging with their peers. To protect such allied parties cooperating in litigation or other legal matters, courts have innovated doctrines extending discovery protections to such postures under the names of co-client, joint defense, and common interest privilege. The niceties of these doctrines have proven unclear, however, particularly in the challenging situation of competing companies whose collusion or combinations must be monitored for antitrust concerns. Following a thorough overview of each doctrine and identifying how they overlap and differ, a focused examination of multi-party privilege law ...


Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers 2016 University of New Hampshire

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

RISK: Health, Safety & Environment

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 ...


Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett 2016 Barry University School of Law

Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett

Barry Law Review

No abstract provided.


The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’lor McFarland 2016 Barry University School of Law

The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland

Barry Law Review

No abstract provided.


Social Media Video Contest Rules, University of Nevada, Las Vegas -- William S. Boyd School of Law 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Social Media Video Contest Rules, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Social Media Video Contest

No abstract provided.


From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski 2016 Barry University School of Law

From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski

Barry Law Review

No abstract provided.


Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh 2016 Barry University School of Law

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.


The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry 2016 Barry University School of Law

The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry

Barry Law Review

No abstract provided.


Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley 2016 Barry University School of Law

Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley

Barry Law Review

No abstract provided.


Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt 2016 Barry University School of Law

Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt

Barry Law Review

No abstract provided.


Suspension And Delegation, Amy Coney Barrett 2016 Notre Dame Law School

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 ...


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

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.


The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski 2016 University of Kansas Law School

The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski

Lumen N. Mulligan

In this Article, we argue that the U.S. Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the Court can resolve the case solely through the deployment of traditional tools of statutory interpretation. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second ...


Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski 2016 University of Kansas Law School

Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski

Lumen N. Mulligan

This essay responds to Pragmatism Rules by Professor Elizabeth Porter, which argues that the Supreme Court is justified in eschewing, at least at times, traditional tools of statutory construction when it interprets the Federal Rules of Civil Procedure. Porter devotes substantial attention in her piece to our prior work on the Supreme Court’s methods for implementing the Federal Rules. This response essay highlights some of the strengths of Porter’s article and identifies substantial areas of agreement. It also parts company with her analysis insofar as she contends that the Supreme Court is justified in supplanting the Rules drafters ...


Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason 2016 The Catholic University of America, Columbus School of Law

Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason

Catholic University Law Review

As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and ...


The Judge As Umpire: Ten Principles, Brett M. Kavanaugh 2016 The Catholic University of America, Columbus School of Law

The Judge As Umpire: Ten Principles, Brett M. Kavanaugh

Catholic University Law Review

In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.

Judges must also understand that their role is to apply the rules rather than remake the rules according to ...


Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete 2016 The Catholic University of America, Columbus School of Law

Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete

Catholic University Law Review

The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a ...


Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri 2016 Brooklyn Law School

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.


Local Control Funding Formula: A Continuum Of Discrimination Against Minority Youth In Education, Alafia Delahaye 2016 Golden Gate University School of Law

Local Control Funding Formula: A Continuum Of Discrimination Against Minority Youth In Education, Alafia Delahaye

Poverty Law Conference

The issue of public school education funding is at the core of the inequalities between schools located in wealthy school districts and those in low-income school districts. Every state struggles to remedy inequitable funding, partly due to long histories of segregation and racism. Nevertheless, many states continue to believe that allowing localities to manage school funding will remedy the problems, but many localities fail to effectively and fairly manage funds.

Part I discusses the background and legal history of public school education funding in California. Part II describes the recent law passed in California, the Local Control Funding Formula (LCFF ...


The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee 2016 Singapore Management University

The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In Lim Meng Suang v Attorney-General (2014), the Singapore Court of Appeal held that s 377A of the Penal Code, which criminalises acts of “gross indecency” between men whether occurring in public or private, does not infringe either the rights to equality and equal protection guaranteed by Art 12(1), or the rights to life and personal liberty guaranteed by Art 9(1) of the Constitution. This article examines the analyses of the latter provision by the Court of Appeal in Lim Meng Suang, and by the High Court in Tan Eng Hong v Attorney-General (2013) which was one of ...


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