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3,293 full-text articles. Page 78 of 85.

Table Of Contents, 2010 Florida International University College of Law

Table Of Contents

FIU Law Review

No abstract provided.


Masthead, 2010 Florida International University College of Law

Masthead

FIU Law Review

No abstract provided.


Publisher, 2010 Florida International University College of Law

Publisher

FIU Law Review

No abstract provided.


A Long, Strange Trip: My First Year Challenging The Constitutionality Of Obamacare, Ilya Shapiro 2010 University of Chicago Law School

A Long, Strange Trip: My First Year Challenging The Constitutionality Of Obamacare, Ilya Shapiro

FIU Law Review

No abstract provided.


Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher 2010 Indiana University School of Law-Indianapolis

Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher

FIU Law Review

No abstract provided.


Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo 2010 Saint Louis University School of Law

Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo

FIU Law Review

No abstract provided.


A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker 2010 Florida International University College of Law

A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker

FIU Law Review

No abstract provided.


The Transformation Test: Artistic Expression, Fair Use, And The Derivative Right, Frank Houston 2010 Florida International University College of Law

The Transformation Test: Artistic Expression, Fair Use, And The Derivative Right, Frank Houston

FIU Law Review

No abstract provided.


Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore 2010 Florida International University College of Law

Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore

FIU Law Review

No abstract provided.


The Private Action Requirement, Gerard N. Magliocca 2010 Indiana University—Indianapolis

The Private Action Requirement, Gerard N. Magliocca

FIU Law Review

No abstract provided.


Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar 2010 UC Davis School of Law

Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar

FIU Law Review

No abstract provided.


Initial Case Analysis For Trial Teams, Wes R. Porter 2010 Golden Gate University School of Law

Initial Case Analysis For Trial Teams, Wes R. Porter

Publications

This post is from Wes Porter. Wes teaches trial advocacy, e,;dence and white collar crime at Golden Gate University School of Law in San Francisco. If you are involved in coaching trial teams, please take the time to comment on Wes's approach to case analysis.


Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson 2010 Golden Gate University School of Law

Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson

Golden Gate University Law Review

This comment compares the Fourth, Eleventh, and Ninth Circuits' per se rule with the Second Circuit's balancing approach. It concludes that the courts adopting the per se rule made unwarranted findings by overstating the reach of protective orders by construing them as improper "de facto" grants of immunity. The courts also understated the retained power of a grand jury by declining to recognize that even when a protective order exists, a grand jury can still call witnesses, have a court compel testimony, or use leaked information for prosecution even though it is sealed.s Further, these courts could have ...


Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill 2010 Golden Gate University School of Law

Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill

Golden Gate University Law Review

In Casey v. Lewis, the Ninth Circuit held that a prisoner's Fourteenth Amendment rights of meaningful access to the courts are not violated when he is prohibited from contact visitation with his attorney under an Arizona prison regulation. The Ninth Circuit requires prisoners to demonstrate the unreasonableness of a prison regulation which infringes upon their constitutional rights. Further, the court approves an adequate law library as an alternative to attorney-client visits to satisfy a prisoner's Fourteenth Amendment rights of meaningful access to the courts, discounting counsel's indispensable services to a prisoner.


The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett 2010 Golden Gate University School of Law

The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett

Golden Gate University Law Review

This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin ...


A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe 2010 Golden Gate University School of Law

A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe

Golden Gate University Law Review

Family law practitioners and scholars, especially those involved with or responsible for servicing the rapidly increasing numbers of children entering the foster care system, should take the time to read this serious book by Harvard Law Professor Elizabeth Bartholet. Family Bonds is an unusual interweaving of autobiographical storytelling with a carefully researched, powerfully crafted indictment of American societal views about parenting, adoption laws and practices.


Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin 2010 Golden Gate University School of Law

Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin

Golden Gate University Law Review

This article will examine the development of the standard for eighth amendment review used in cases challenging the conditions of confinement before and after Wilson. It will begin with a examination of the interpretations of the cruel and unusual punishment clause in the Supreme Court. This article will then analyze the objective standard for eighth amendment review as applied by the Ninth Circuit Court of Appeals in prison condition cases. After an analysis of the subjective standard for eighth amendment review established in Wilson v. Seiter, the article will survey how the Ninth Circuit and other circuits have applied this ...


Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs 2010 Golden Gate University School of Law

Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs

Golden Gate University Law Review

The high technology law practice. tracks the incredible pace of development in the computer industry. High tech practitioners are often instrumental in bringing new technologies to market, ensuring their protection from infringement, and structuring the relations and obligations that bring new products to the consumer. As advocates, they push for greater protection of emergent fields, either through new legislation or clearer definitions of existing law. And for all that computer law practitioners depend on technology for the lifeblood of their practice, there are numerous possibilities for increased efficiency based on this technology that are overlooked. In this article we propose ...


Federal Jurisdiction, Susan E. Foe 2010 Golden Gate University School of Law

Federal Jurisdiction, Susan E. Foe

Golden Gate University Law Review

No abstract provided.


Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney 2010 Golden Gate University School of Law

Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney

Golden Gate University Law Review

This comment will explore the origins of dram shop liability and server training's evolution from liquor liability laws. The comment will also survey existing server training laws, identify the goals of server training and discuss the obstacles facing the movement.


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