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Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich 2011 West Virginia University College of Law

Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich

West Virginia Law Review

No abstract provided.


Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman 2011 Universisty of Missouri - Kansas City

Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman

West Virginia Law Review

The rapidly emerging field of synthetic biology has tremendous potential to address some of the most compelling challenges facing our planet by providing clean renewable energy, nutri- tionally-enhanced and environmentally friendly agricultural products, and revolutionary new life-saving cures. However, leaders in the synthetic biology movement have voiced concern that biotechnology's current patent-centric approach to intellec- tual property is in many ways ill-suited to meet the challenge of synthetic biology, threatening to impede follow-on innovation and open access technology. For years, copyright and patent protection for computer software have existed side-by-side, the two forms of intellectual property complementing one another ...


Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee 2011 West Virginia University

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.


The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater 2011 Rose Law Office

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater

West Virginia Law Review

No abstract provided.


Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson 2011 West Virginia University College of Law

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.


Adverse Possession Of The State's Property, John W. Fisher II 2011 West Virginia University College of Law

Adverse Possession Of The State's Property, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Why Now And What's Next: The February 20th Movement’S Challenge To The State, Marina Balleria 2011 SIT Study Abroad

Why Now And What's Next: The February 20th Movement’S Challenge To The State, Marina Balleria

Independent Study Project (ISP) Collection

The Moroccan state takes a nuanced place among autocracies and democracies—the regime features fundamental democratic institutions and while the central power of the monarchy is maintained through a constellation of political, economic, social, and cultural institutions. In this case, David Brumberg’s classification of “liberalized autocracies” is useful, which defines these states as using a mixture of “guided pluralism, controlled elections and selective repression” to maintain and centralize power[1] This political structure of liberalized autocracy creates sufficient political opportunity for various protest movements to emerge but until recently few have successfully enacted change. The February 20th protest ...


Are Risk Preferences Stable Across Contexts? Evidence From Insurance Data, Levon Barseghyan, Jeffrey Prince, Joshua C. Teitelbaum 2011 Cornell University

Are Risk Preferences Stable Across Contexts? Evidence From Insurance Data, Levon Barseghyan, Jeffrey Prince, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Using a unique data set, the authors test whether households' deductible choices in auto and home insurance reflect stable risk preferences. Their test relies on a structural model that assumes households are objective expected utility maximizers and claims are generated by household-coverage specific Poisson processes. They find that the hypothesis of stable risk preferences is rejected by the data. Their analysis suggests that many households exhibit greater risk aversion in their home deductible choices than their auto deductible choices. They find that their results are robust to several alternative modeling assumptions.


Undoing Plessy: Charles Hamilton Houston, Race, Labor, And The Law, Gordon Andrews 2011 Western Michigan University

Undoing Plessy: Charles Hamilton Houston, Race, Labor, And The Law, Gordon Andrews

Dissertations

Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895--1950, explores the manner in which African Americans countered racialized impediments during the first half of the twentieth century by attacking their legal underpinnings. Specifically, this work explores the professional life of Charles Hamilton Houston, and the degree to which it informs our understanding of change in the pre-Brown era. There were a wide range of forces at work, from individuals, organizations, and institutions, to government in its various forms (local, state, and federal), complicating any strategy to reformulate the parameters of equality. Using both labor and education law as ...


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo 2011 Georgetown University Law Center

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These ...


A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione 2011 Georgetown University Law Center

A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social ...


Stop The Stop The Beach Plurality!, J. Peter Byrne 2011 Georgetown University Law Center

Stop The Stop The Beach Plurality!, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.


Confronting Confrontation, Mary Sue Backus 2011 University of Oklahoma College of Law

Confronting Confrontation, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Corporate Governance And Business Ethics In A Post-Crisis World, Renee Jones 2011 Boston College Law School

Corporate Governance And Business Ethics In A Post-Crisis World, Renee Jones

Renee Jones

No abstract provided.


The Potential Impact Of Health Care Reform On Workers' Compensation, Dean Hashimoto 2011 Boston College Law School

The Potential Impact Of Health Care Reform On Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Terms Matter: Reflections On The Wyoming Debate Over The Teachers' "Union" And Teacher "Tenure", Michael Duff 2011 University of Wyoming

Terms Matter: Reflections On The Wyoming Debate Over The Teachers' "Union" And Teacher "Tenure", Michael Duff

Michael C Duff

In the frenzied Wyoming debate over the teachers' union and teacher tenure discussants must be careful to use terms carefully. Cautious thinking will help to cut through rhetoric and make prudent policy choices more likely.


Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack Graves 2011 Touro Law Center

Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack Graves

Jack Graves

This article addresses an increasingly important topic in today’s commercial world—the United States Federal Arbitration Act. While arbitration under this Act has been subject to ever increasing criticism and calls for reform on a variety of fronts (often from the perspective of consumer or employment arbitration), this article focuses specifically on commercial, business-to-business arbitration and critically evaluates the Act as a set of default legal rules governing arbitration as a unique contractual business relationship.

The article first looks at arbitration from a contractual default rules perspective, and then employs this perspective to analyze (1) the existing federal statutory ...


Social Semiotics, Originality And Authorship In Copyright Law, H. Brian Holland 2011 Texas A&M University School of Law

Social Semiotics, Originality And Authorship In Copyright Law, H. Brian Holland

H. Brian Holland

No abstract provided.


False Promise Of Green Energy, Andrew Morriss 2011 Texas A&M University School of Law

False Promise Of Green Energy, Andrew Morriss

Andrew P. Morriss

No abstract provided.


"The New Model Library: Building An All-Digital Academic Library", Katherine Marsh, Josh Pluta, Gordon Russell, Ann Long 2011 Lincoln Memorial University - Duncan School of Law

"The New Model Library: Building An All-Digital Academic Library", Katherine Marsh, Josh Pluta, Gordon Russell, Ann Long

Katherine Marsh

No abstract provided.


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