Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

443,621 Full-Text Articles 168,803 Authors 142,595,802 Downloads 395 Institutions

All Articles in Law

Faceted Search

443,621 full-text articles. Page 2 of 7391.

Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon 2019 Northwestern Pritzker School of Law

Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon

Northwestern Journal of Law & Social Policy

No abstract provided.


Vol. 56, No. 09 (March 18, 2019), 2019 Maurer School of Law: Indiana University

Vol. 56, No. 09 (March 18, 2019)

Indiana Law Annotated

No abstract provided.


Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange 2019 Portland State University

Supplemental Report On The Legal Needs Of Oregonian Seasonal Farmworkers, Aaron Roussell, Barbara Imle, Gisela Rodriguez Fernandez, Wynn Strange

Aaron Roussell

No abstract provided.


Whole Woman’S Health V. Hellerstedt, Kelly Lynn Claxton 2019 Ohio Northern University Pettit College of Law

Whole Woman’S Health V. Hellerstedt, Kelly Lynn Claxton

Ohio Northern University Law Review

No abstract provided.


Puerto Rico V. Franklin California Tax-Free Trust, Brittney E. Ciarlo 2019 Ohio Northern University Pettit College of Law

Puerto Rico V. Franklin California Tax-Free Trust, Brittney E. Ciarlo

Ohio Northern University Law Review

No abstract provided.


Fisher V. University Of Texas At Austin, Christopher M. Calpin 2019 Ohio Northern University Pettit College of Law

Fisher V. University Of Texas At Austin, Christopher M. Calpin

Ohio Northern University Law Review

No abstract provided.


Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder 2019 Old Dominion University Strome College of Law

Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder

Ohio Northern University Law Review

American lesbian, gay, bisexual, and transgender (LGBT) workers have made great strides toward equal employment rights, and the trend toward equal rights is clear. Still, 52% of LGBT workers can be denied employment or fired simply for being LGBT. This state of the law makes the U.S. lag behind many of its major trading partners, who have already established equal employment in their national laws. While there are a number of routes U.S. law may soon take to end LGBT employment discrimination, private firms, especially those with international operations, will need to determine the best course to take ...


Bankruptcy, Morality & Student Loans: A Decade Of Error In Undue Hardship Analysis, Linn White 2019 Thomas Jefferson School of Law

Bankruptcy, Morality & Student Loans: A Decade Of Error In Undue Hardship Analysis, Linn White

Ohio Northern University Law Review

In an effort to stem perceived abuses of the bankruptcy system, Congress adopted a rule in 1976 that created a time-based conditional limitation on the discharge of federally guaranteed student loans in bankruptcy. The only means of overcoming the limitation was the showing of an “undue hardship,” which was undefined by the legislature. This gave rise to two judicially created, means-based tests that were used to determine if the debtor was attempting to abuse the bankruptcy system. By the time the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was enacted, the time-based restriction was gone, leaving only ...


Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith 2019 University of Utah S.J. Quinney College of Law

Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith

Ohio Northern University Law Review

No abstract provided.


Thornton & The Pursuit Of The American Presidency, Jackson C. Smith J.D., LLM 2019 Ohio Northern University

Thornton & The Pursuit Of The American Presidency, Jackson C. Smith J.D., Llm

Ohio Northern University Law Review

No abstract provided.


Developing The Principle Of Non-Recognition, Adam Saltzman J.D. 2019 Yale Law School

Developing The Principle Of Non-Recognition, Adam Saltzman J.D.

Ohio Northern University Law Review

In an attempt to ensure enforcement of law, international bodies have developed a practice of collective non-recognition in response to serious violations of international law. This Article seeks to bring some clarity to the practice of non-recognition. Through analysis of International Court of Justice cases and State practice, the Article demonstrates a legally binding, but not acknowledged shift in the law that governs non-recognition. Then, moving beyond strict legal analysis, the Article expresses policy concerns with the current legal status of the obligation and proposes how States should legally respond.


No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios 2019 University of New Hampshire

No Good Deed Goes Unpunished: How The New Hampshire Probate Court Has Strengthened The Power Of The Attorney General In Charitable Trust Suits, Angelina M. Spilios

The University of New Hampshire Law Review

As Americans increasingly use estate planning tools to provide for their favorite charities, the charitable trust is an important instrument that fits uniquely into general trust law. While charitable trusts are similar to private trusts to a great extent, there are also some critical differences between the two vehicles, especially regarding their enforcement. Specifically, state attorneys general play a special role in the enforcement of charitable trusts. This Note examines this special role of the state attorney general—namely, how trustees interact with the attorney general, arguments for why the role of the attorney general needs to be reformed or ...


Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery 2019 University of New Hampshire

Lading And Weight: Suggested Evidentiary Burdens In Senate Judicial-Nominee Hearings Post-Kavanaugh, Brendan T. Beery

The University of New Hampshire Law Review

The Senate proceedings occasioned by Dr. Christine Blasey Ford’s allegation against Justice Brett Kavanaugh left the then-nominee calling them a “circus” and observers confused about who was supposed to prove what and by what standard. Since the Senate is ill-suited to sorting out cases and controversies (and since the Ford-Kavanaugh matter will surely not be the last of its kind), the Senate should adopt standards (burdens of proof) for future judicial-nominee proceedings that it borrows from a sister branch—the judiciary.

In any proceeding, the burden must be laded—it must be determined which party has the burden in ...


Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis 2019 University of New Hampshire

Confronting A Monument: The Great Chief Justice In An Age Of Historical Reckoning, Michael S. Lewis

The University of New Hampshire Law Review

The year 2018 brought us two new studies of Chief Justice John Marshall. Together, they provide a platform for discussing Marshall and his role in shaping American law. They also provide a platform for discussing the uses of American history in American law and the value of an historian’s truthful, careful, complete, and accurate accounting of American history, particularly in an area as sensitive as American slavery.

One of the books reviewed, Without Precedent, by Professor Joel Richard Paul, provides an account of Chief Justice Marshall that is consistent with the standard narrative. That standard narrative has consistently made ...


Table Of Contents, Editorial Board 2019 University of New Hampshire School of Law

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas 2019 University of New Hampshire

The Low Water Mark For Beach Access: Defending Government Protection Of Intertidal Recreation As A Lawful Exercise Of State Power, Alexander Gazikas

The University of New Hampshire Law Review

Beaches are a natural resource ideally suited for public recreation. The public generally has a right to access this intertidal land, but the purpose and scope of public access vary greatly between states. Consistent with national trends toward greater public access, the legislatures of Massachusetts and Maine have attempted to expand public beach access rights to include the right to engage in general recreation below the mean high tide line. However, the Supreme Judicial Courts of both states have declared that such legislation would be an unconstitutional taking of property requiring compensation to the abutting landowners and held that public ...


Masthead, Editorial Board 2019 University of New Hampshire School of Law

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.


Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller 2019 University of New Hampshire

Environmental Personhood And Standing For Nature: Examining The Colorado River Case, Matthew Miller

The University of New Hampshire Law Review

As the planet faces the growing threat of climate change, environmental advocates are searching for alternative legal avenues to protect natural entities in the courts. In 2017, the Colorado River Ecosystem brought a lawsuit against the State of Colorado for violating its constitutional rights. The advocates behind this action were seeking to establish in federal court two doctrines that have made strides in other countries as part of the international Rights of Nature movement: environmental personhood and standing for nature. Environmental personhood would recognize natural entities as legal persons, endowing them with corresponding rights and duties under the law. Standing ...


Paved With Good Intentions: How Endrew F. Could Affect Struggling School Districts, Michael S. Morgan 2019 Seton Hall University

Paved With Good Intentions: How Endrew F. Could Affect Struggling School Districts, Michael S. Morgan

Seton Hall Law Review

No abstract provided.


Two For The Price Of One?: Fmla Leave Requests As Requests For Ada Accommodations, Omar Debs 2019 Seton Hall University

Two For The Price Of One?: Fmla Leave Requests As Requests For Ada Accommodations, Omar Debs

Seton Hall Law Review

No abstract provided.


Digital Commons powered by bepress