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Is The Health Care Law Likely To Be Held Constitutional? Yes., L. Lynn Hogue 2010 Georgia State University College of Law

Is The Health Care Law Likely To Be Held Constitutional? Yes., L. Lynn Hogue

Faculty Publications By Year

No abstract provided.


Tennessee Housing Development Agency, Petitioner, Vs. Trinity Nelson, Respondent, 2010 University of Tennessee, Knoxville

Tennessee Housing Development Agency, Petitioner, Vs. Trinity Nelson, Respondent

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. $1,100.00 In U.S. Currency, Seized From: Sami M. Elzofri, Date Of Seizure: 7/8/09, Claimant: Sami M. Elzofri Seizing Agency: W.T.J.D.T.F., 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. $1,100.00 In U.S. Currency, Seized From: Sami M. Elzofri, Date Of Seizure: 7/8/09, Claimant: Sami M. Elzofri Seizing Agency: W.T.J.D.T.F.

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One Nokia Cell Phone, And One 1999 Isuzu Rodeo Vin: 4s2cm58w6x4330708, Seized From: Anna Ponder, Date Of Seizure: 7/12/09, Claimant: Anna Ponder Seizing Agency: Whiteville P.D., Lien Holder: Advance Fin. Store 9, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One Nokia Cell Phone, And One 1999 Isuzu Rodeo Vin: 4s2cm58w6x4330708, Seized From: Anna Ponder, Date Of Seizure: 7/12/09, Claimant: Anna Ponder Seizing Agency: Whiteville P.D., Lien Holder: Advance Fin. Store 9

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. $7,700.00 In U.S. Currency Dos Case # J5199, Seized From: Camille Flowers, Seizure Date: 6/11/09, Claimant: Camille Flowers Seizing Agency: Bartlett P.D., 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. $7,700.00 In U.S. Currency Dos Case # J5199, Seized From: Camille Flowers, Seizure Date: 6/11/09, Claimant: Camille Flowers Seizing Agency: Bartlett P.D.

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. One 2001 Ford Crown Victoria Vin: 2fapp71w41x179976, Seized From: Taurus Dowdy Claimed By: Taurus Dowdy, Seizure Date: 6/4/09, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 2001 Ford Crown Victoria Vin: 2fapp71w41x179976, Seized From: Taurus Dowdy Claimed By: Taurus Dowdy, Seizure Date: 6/4/09

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam Gershowitz 2010 University of Houston Law Center

The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam Gershowitz

Adam M. Gershowitz

Although dozens of scholars have documented the appalling underfunding of indigent defense in the United States, virtually no attention has been paid to the overburdening of prosecutors. In many large jurisdictions, prosecutors handle caseloads that are as large as those handled by public defenders. Counter-intuitively, when prosecutors shoulder excessive caseloads, it is criminal defendants who are harmed. Because overburdened prosecutors do not have sufficient time and resources for their cases, they fail to identify less culpable defendants who are deserving of more lenient plea bargains. Prosecutors also lack the time to determine which defendants should be transferred to specialty drug ...


El Empresario Y La Pobreza, Manuel Ayau 2010 Universidad Francisco Marroquín

El Empresario Y La Pobreza, Manuel Ayau

Manuel Ayau (1925-2010)

No abstract provided.


Beyond The Sex- Ed Wars: Addressing Disadvantaged Single Mothers’ Search For Community, helen alvare 2010 George Mason University

Beyond The Sex- Ed Wars: Addressing Disadvantaged Single Mothers’ Search For Community, Helen Alvare

helen m alvare

Abstract: Beyond the Sex-Ed Wars

By Helen M. Alvaré

There is bi-partisan alarm over recent reports that our nation’s nonmarital birth rate has reached nearly 40%. Policymakers worry not only about fiscal effects, but also about the welfare of children reared in single-parent households and the fact that marriage and childbearing patterns are beginning to diverge sharply on the basis of race and socioeconomic status. Yet there is little new in recent proposals to address the phenomenon. Supporters of abstinence-only sex education, and of “comprehensive” sex-education, continue to trade accusations. Federal and state agencies promise to work harder but ...


How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, Eric Franklin 2010 University of Nevada, Las Vegas

How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, Eric Franklin

Eric H. Franklin

HOW TO AVOID THE CONSTRAINTS OF RULE 10b-5(b): A FIRST CIRCUIT GUIDE FOR UNDERWRITERS

If an underwriter knows that a prospectus contains a material misrepresentation, may that underwriter use the prospectus to sell securities, or would that expose the underwriter to liability under Rule 10b-5(b)? The First Circuit’s surprising and rather disconcerting answer was delivered on March 10, 2010 in Securities and Exchange Commission v. Tambone. In Tambone, the First Circuit held that the SEC could not hold underwriters liable for such misrepresentations if they did not draft the prospectus. Ostensibly, this holding is nothing more than ...


Father-Absence, Social Equality, And Social Progress, helen alvare 2010 George Mason University

Father-Absence, Social Equality, And Social Progress, Helen Alvare

helen m alvare

Abstract: Father-Absence, Social Equality and Social Progress

The future of the male half of the U.S. population is less certain than it once was. News outlets now regularly report that women outnumber men in college and in the workforce. These reports rightly grab attention. Men’s growing absence from the lives of their own biological children, however, is too little explored. The 2007 Census update reported that of the nineteen million children living in lone-parent households, sixteen and one-half million lived with their mothers alone. Fewer than 30 percent of these fathers have even weekly contact with their children ...


Missclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Jeffrey Stempel, Hazel Beh 2010 University of Hawaii

Missclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Jeffrey Stempel, Hazel Beh

Jeffrey W Stempel

Insurance policies are traditionally classified as unilateral or “reverse-unilateral” contracts, a characterization we find largely incorrect, with problematic consequences for adjudication of insurance coverage disputes. In addition to the general difficulties attending the unilateral classification, the concept as applied to insurance policies is not only unhelpful but also introduces error and inconsistency into the litigation of insurance controversies. In particular, the unilateral view tends toward excessive formalism and focus on so-called “conditions” precedent to coverage, eschewing material breach analysis and encouraging needless forfeitures as well as unwisely removing the concept of anticipatory repudiation and corresponding remedy from insurance law. Categorizing ...


Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily Meazell 2010 University of Oklahoma Norman Campus

Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily Meazell

Emily H. Meazell

When courts review agencies’ scientific and technical determinations, they often emphasize that the specialized subject matter requires them to be at their most deferential. This “super-deference” principle seems appealing because it is supported by basic notions of institutional competence and accommodates a natural judicial tendency to avoid deep encounters with science. But it stands in stark tension with the expectation that courts must reinforce administrative-law values like participation, transparency, and deliberation. And it fails to further the legitimizing function of incorporating the best possible science into institutional decisionmaking. Surprisingly, there is no scholarship comprehensively assessing super deference. This Article begins ...


Understanding Judicial Decision Making In Immigration Cases At The U.S. Courts Of Appeals, Margaret S. Williams, Anna O. Law 2010 DePaul University

Understanding Judicial Decision Making In Immigration Cases At The U.S. Courts Of Appeals, Margaret S. Williams, Anna O. Law

Margaret S. Williams

Immigration is an increasingly important area of decision making for federal judges. The recent increase in appeals of immigration cases to the courts of appeals raises the question whether judges deciding these cases behave in ways consistent with the extant attitudinal literature, or if other factors such as case characteristics and institutional concerns weigh more heavily on the decision making of judges. It is possible, for example, that the country of origin for the alien or the panel on which a judge serves also influence her decision making. Using an original dataset of immigration cases drawn from the Third, Fifth ...


Damned For Their Judgment: The Tort Liability Of Standard Development Organizations, Robert H. H. Heidt 2010 Indiana University Maurer School of Law

Damned For Their Judgment: The Tort Liability Of Standard Development Organizations, Robert H. H. Heidt

Robert H. H. Heidt

No abstract provided.


Making America Work, JONATHAN B. FORMAN 2010 University of Oklahoma

Making America Work, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.


How "Big" Became Bad: America's Underage Fling With Universal Banks, Lawrence G. Baxter 2010 Duke University School of Law

How "Big" Became Bad: America's Underage Fling With Universal Banks, Lawrence G. Baxter

Lawrence G. Baxter

In little more than a decade gigantic new financial institutions have emerged in America. These organizations are quite different from their predecessors in that they share the highly complex, diversified characteristics of foreign “universal banks.” They are still in the process of developing experienced and mature operational and risk management systems. During this same period, the regulatory framework necessary to match the size, power and hazards generated by these new universal banks remains underdeveloped, and the primary framework around which the system is being constructed, namely Basel II, lies in tatters in the wake of the financial crisis of 2007-08 ...


Forecast For The Future: Emerging Legal Technologies, Carol A. Watson 2010 University of Georgia School of Law Library

Forecast For The Future: Emerging Legal Technologies, Carol A. Watson

Continuing Legal Education Presentations

Begins by discussing technologies that are currently available on the web that can reduce office overhead. Also highlights current general technology trends and still-developing technologies. Concludes with a list of frivolous gadgets to provide food for thought about the coming prospects of technology.


Great Resources For The Great Recession : Useful Business Sources On The Internet, Wendy E. Moore 2010 University of Georgia School of Law Library

Great Resources For The Great Recession : Useful Business Sources On The Internet, Wendy E. Moore

Continuing Legal Education Presentations

Explore 48 business websites, drawn from governmental, non-profit, and commercial information resources, that provide good examples of the types of information sources available to meet Internet business research needs.


"Gotcha!" Investigative Tools On The Web, Suzanne R. Graham 2010 University of Georgia School of Law Library

"Gotcha!" Investigative Tools On The Web, Suzanne R. Graham

Continuing Legal Education Presentations

Free or low cost online resources exist to assist lawyers doing investigative research, but assessing the quality of the information remains challenging.


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