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432,740 full-text articles. Page 6527 of 7211.

Personnel Of The Court, 2010 Golden Gate University School of Law

Personnel Of The Court

Golden Gate University Law Review

No abstract provided.


Table Of Cases Noted And Summarized, 2010 Golden Gate University School of Law

Table Of Cases Noted And Summarized

Golden Gate University Law Review

No abstract provided.


Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good 2010 Golden Gate University School of Law

Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good

Golden Gate University Law Review

This comment will examine whether Imperial extends the Board's subject matter jurisdiction to include article X, section 2 violations by riparian rights owners. Board power over post-1914 appropriative rights will be examined. Next, pre-1914 appropriative rights and Imperial will be discussed. It is apparent that Imperial supports an expansion of the Board's jurisdiction to include adjudication of article X, section 2 violations of riparian rights, but that such jurisdiction is not affirmatively established.


California's Newsgatherer's Shield: Inconsistent Interpretation Means Inadequate Protection, Nora Linda Rousso 2010 Golden Gate University School of Law

California's Newsgatherer's Shield: Inconsistent Interpretation Means Inadequate Protection, Nora Linda Rousso

Golden Gate University Law Review

This Comment will initially discuss the history of the shield law in California and examine how it has been defined by the courts in the leading cases. It will also discuss New York Times, Delaney and Hallissy in terms of the courts' application of the shield law to those cases. The analyses of New York Times and Hallissy will be contrasted with that of Delaney. This Comment will attempt to show how the New York Times/Hallissy analysis could have been applied to the facts of Delaney and still have yielded the same result. Recommendations will be made with respect ...


The Constitutionality Of A Line-Item Veto: A Comparison With Other Exercises Of Executive Discretion Not To Spend, Denise C. Twomey 2010 Golden Gate University School of Law

The Constitutionality Of A Line-Item Veto: A Comparison With Other Exercises Of Executive Discretion Not To Spend, Denise C. Twomey

Golden Gate University Law Review

This comment will explore the grounds upon which the line item veto might be constitutionally upheld. Preliminary reference will be made to the express constitutional framework within which an item veto would operate. Examination of the constitutional provisions pertaining to Congress's spending and general legislative powers and to the President's counteractive veto power provides the necessary foundation. Of more genuine significance, however, are the actual tests of the executive versus legislative power balance posed by functional equivalents of the item veto. Analysis of executive/legislative interplay in the field of spending either by the Supreme Court, or, absent ...


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.


Recent Developments In The Taxation Of Computer Software, Robert W. McGee 2010 Golden Gate University School of Law

Recent Developments In The Taxation Of Computer Software, Robert W. Mcgee

Golden Gate University Law Review

Computer software has tax consequences both at the state and federal levels. At the state level, software might be subject to sales, use or property taxation if it is considered to be tangible personal property. On the federal level, software may qualify for the investment tax credit or research credit, also depending on tangibility. In the last few years, both state and federal courts and legislatures have rendered decisions and passed laws that have altered the taxability of computer software. This article summarizes those changes and attempts to spot a trend.


A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow 2010 California Superior Court (San Francisco)

A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow

Curtis E.A. Karnow

A short review of problematic in limine (pre trial) motions


A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, Paul J. Valentine 2010 New York University School of Law

A Lay Word For A Legal Term: How The Popular Definition Of Charity Has Muddled The Perception Of The Charitable Deduction, Paul J. Valentine

Paul J Valentine

In the United States there is a deeply held conviction “that taxpayers who donate to charity should generally not be subject to the same income tax liability as similarly situated taxpayers.” This innate sense about the Internal Revenue Code’s section 170, otherwise known as the charitable deduction, resonates with the Americans’ sense of fairness and creates strong barriers to curtailing its function. This same sense of fairness is tied to the perceived effects of the charitable deduction. Yet, how “charitable” is the charitable deduction and how charitable do we expect it to be? This paper argues that the discrepancy ...


‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack 2010 Santa Clara University

‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Faculty Publications

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution ...


Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak 2010 University of Southern California Law School

Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

This paper is a draft chapter of a short book critically examining the way assumptions about the temporality of war inform American legal and political thought. In earlier work, I show that a set of ideas about time are a feature of the way we think about war. Historical progression is thought to consist in movement from one kind of time to another (from wartime to peacetime, to wartime, etc.). Wartime is thought of as an exception to normal life, inevitably followed by peacetime. Scholars who study the impact of war on American law and politics tend to work within ...


Vol. 39, No. 03 (September 13, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 03 (September 13, 2010)

Indiana Law Annotated

No abstract provided.


Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson 2010 University of Pennsylvania

Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine ...


Department Of Children’S Services, Petitioner, Vs. Melody A. Edeigba, Grievant, 2010 University of Tennessee, Knoxville

Department Of Children’S Services, Petitioner, Vs. Melody A. Edeigba, Grievant

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1995 Acura Integra Vin No.: Jh4dc4360ss006290, Seized From: Silvio Torres-Banegas, Date Of Seizure: March 28, 2010, Claimant: Silvio Torres-Banegas, Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1995 Acura Integra Vin No.: Jh4dc4360ss006290, Seized From: Silvio Torres-Banegas, Date Of Seizure: March 28, 2010, Claimant: Silvio Torres-Banegas, Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Ofsafety Vs. One 1992 Olds Dltvin # 1g3hn53l3nh350223, Seized From: Natalie R. Stewartseized On: May 5, 2010, Claimant: Natalie R. Stewart, Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Ofsafety Vs. One 1992 Olds Dltvin # 1g3hn53l3nh350223, Seized From: Natalie R. Stewartseized On: May 5, 2010, Claimant: Natalie R. Stewart, Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Aaron J. K1721 Bryant1999 Ford Expedition Vin: 1fmpu18l1xla37585, Seized From: Aaron Joel Bryant, Date Of Seizure: April 13, 2009, Claimant: Aaron Joel Bryant, Lienholder: Title Max Of Tennesseedid Not File, 2010 University of Tennessee, Knoxville

Aaron J. K1721 Bryant1999 Ford Expedition Vin: 1fmpu18l1xla37585, Seized From: Aaron Joel Bryant, Date Of Seizure: April 13, 2009, Claimant: Aaron Joel Bryant, Lienholder: Title Max Of Tennesseedid Not File

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2007 Nissan Armada Vin No.: 5n1ba08c47n701847, Seized From: Felton Mcneal, Date Of Seizure: 1/20/10, Claimant: Luciana Lewis, Lien Holder: Citifinancial Auto, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2007 Nissan Armada Vin No.: 5n1ba08c47n701847, Seized From: Felton Mcneal, Date Of Seizure: 1/20/10, Claimant: Luciana Lewis, Lien Holder: Citifinancial Auto

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2002 Chrysler Concorde Vin No.: 2c3hd46r62h311911, Seized From: Dione Thaxton, Date Of Seizure: 10/23/09, Claimant: Dione Thaxton, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2002 Chrysler Concorde Vin No.: 2c3hd46r62h311911, Seized From: Dione Thaxton, Date Of Seizure: 10/23/09, Claimant: Dione Thaxton, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2003 Or 20041 Vin No.: 1htmkaan63h557810 International Flatbed Truck One Driver Side Door And Cab Vin No.: 1htmmaal64h615120, Seized From: Farhad Matin, Date Of Seizure: July 10, 2009, Claimants: Bell Auto Sales, Inc., Farhad Matin, Progressive Hawaii Insurance Corp., Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2003 Or 20041 Vin No.: 1htmkaan63h557810 International Flatbed Truck One Driver Side Door And Cab Vin No.: 1htmmaal64h615120, Seized From: Farhad Matin, Date Of Seizure: July 10, 2009, Claimants: Bell Auto Sales, Inc., Farhad Matin, Progressive Hawaii Insurance Corp., Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


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