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

Law Commons

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

355159 Full-Text Articles 141546 Authors 114322391 Downloads 332 Institutions

All Articles in Law

Faceted Search

355159 full-text articles. Page 4 of 6393.

Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?, Roberto Cruz 2017 University of Richmond

Wounded Warriors' Justice Denied: Should Barriers To Expungement Keep Veterans Jobless And Homeless?, Roberto Cruz

Richmond Public Interest Law Review

No abstract provided.


Virginia's Proffer System And The Proffer Reform Act Of 2016, Edward A. Mullen, Michael A. Banzhaf 2017 University of Richmond

Virginia's Proffer System And The Proffer Reform Act Of 2016, Edward A. Mullen, Michael A. Banzhaf

Richmond Public Interest Law Review

No abstract provided.


Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph 2017 Barry University School of Law

Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph

Barry Law Review

No abstract provided.


The Felony-Murder Rule: In Search Of A Viable Doctrine, Jeanne Hall Seibold 2017 St. John's University School of Law

The Felony-Murder Rule: In Search Of A Viable Doctrine, Jeanne Hall Seibold

The Catholic Lawyer

No abstract provided.


Zoning For The Elderly And Family Rights, Ralph J. Libsohn 2017 St. John's University School of Law

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.


The Supreme Court, The Adversary System And Some Moral Dilemmas, Peter J. Riga 2017 St. John's University School of Law

The Supreme Court, The Adversary System And Some Moral Dilemmas, Peter J. Riga

The Catholic Lawyer

No abstract provided.


Science And The Law, William J. McGill 2017 St. John's University School of Law

Science And The Law, William J. Mcgill

The Catholic Lawyer

No abstract provided.


The Demise Of Public International Law, John Kuhn Bleimaier 2017 St. John's University School of Law

The Demise Of Public International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.


Food Date Labels And Hunger In America, Gwen B. Thomson 2017 Concordia University School of Law

Food Date Labels And Hunger In America, Gwen B. Thomson

Concordia Law Review

Millions of Americans go hungry, while 40% of the food in the United States is wasted. Research has shown that 43% of the waste occurs in homes and that consumers are making decisions about purchasing and throwing away food without understanding the meaning of the food date labels. One of the most cost-effective ways to begin to effect a change is to eliminate the myriad of confusing food date labels so that individuals do not throw away good food. In May 2016, the Food Date Labeling Act of 2016 was proposed in both houses of Congress. This bicameral bill was ...


Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar 2017 United States Bankruptcy Court

Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar

Concordia Law Review

In the midst of an argument with law school classmates, I once remarked that I felt simultaneously invisible as a woman of color, or more specifically as a South Asian woman. A well-intentioned friend offered consolation in the form of an assurance: she had never viewed me as not-white, and in fact had always thought of me as white. This statement was not intended to insult me—in fact, I immediately knew what she meant: she had always thought of me as a person first—her vision of me was free of any overt racism. But I did not want ...


Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman 2017 Concordia University School of Law

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is ...


Discrimination And Association, Caleb C. Wolanek 2017 Harvard Law School

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance ...


Civil Justice Reform - An Idaho Imperative, Jim Jones 2017 Idaho Supreme Court

Civil Justice Reform - An Idaho Imperative, Jim Jones

Concordia Law Review

No abstract provided.


Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon 2017 Cornell Law School

Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon

Concordia Law Review

This Article considers the adoption of a hybrid method of Alternative Dispute Resolution (ADR)—Med-Arb—in securities law disputes. Because securities law ADR is currently monopolized by claims that proceed through arbitration, this Article argues that the benefits of settling a claim through mediation are being lost. Med-Arb allows parties to access the benefits of both mediation and arbitration with potentially lower economic costs and the assurance of finality of the dispute. This Article therefore presents how best to use Med-Arb to successfully resolve securities law disputes.


The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn 2017 wesleyan university

The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn

Concordia Law Review

This Article considers the civic constitutionalist nature of the Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading constitutional texts that considers power in political, as opposed to legal, terms. Thus, the civic constitution gives citizens, not judges, the primary duty for ensuring a constitutionally compliant society. This Article also presents the underlying reasons, effects, and costs of the obscurity of the civic constitution and, more specifically, the Preamble to the Bill of Rights.


Masthead, Jon B. Evans, Kolby K. Reddish, Angela C. Harrigan, Regina E. Bright 2017 Concordia University School of Law

Masthead, Jon B. Evans, Kolby K. Reddish, Angela C. Harrigan, Regina E. Bright

Concordia Law Review

No abstract provided.


Perspectives From The Bench On Feminist Judgments, Eleanor Marsh Stormer 2017 The University of Akron

Perspectives From The Bench On Feminist Judgments, Eleanor Marsh Stormer

ConLawNOW

Judge Eleanor Marsh Stormer, probate judge in Summit County, Ohio, gave these remarks as part of a panel discussion on feminist judging. The discussion took place at a conference sponsored by the Center for Constitutional Law at the University of Akron in October 2016. Judge Stormer offered insights on her own experience as a woman judge and on the role of judges addressing issues of gender equality in their courts.


What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan 2017 Elisabeth Haub School of Law at Pace University

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their ...


Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main 2017 Elisabeth Haub School of Law at Pace University

Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main

Pace Environmental Law Review

This note argues that a dual jurisdictional approach to demand response programming is better suited to mitigate environmental harms than an “either-or” regulatory model. Through an exploration of FERC’s authority over wholesale demand response, state authority over retail-level demand response, and implications for electricity and capacity markets arising out of the Court’s decision in FERC v. EPSA, this note will offer effective legal mechanisms for mitigating environmental costs, while fostering environmental benefits. The next section of this note analyzes the strengths and weaknesses of state and federal regulatory approaches to demand response in isolation.

Based on this assessment ...


Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey 2017 Pace University

Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey

Pace Environmental Law Review

The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and ...


Digital Commons powered by bepress