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368553 full-text articles. Page 6527 of 6556.

Profiled In 360 Jacksonville, Susan Daicoff 2009 Arizona Summit Law School

Profiled In 360 Jacksonville, Susan Daicoff

Susan Daicoff

No abstract provided.


An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher Seaman 2009 Washington and Lee University School of Law

An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher Seaman

Christopher B. Seaman

In Northwest Austin Municipal Utility District Number One v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. But even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground. A revised bailout system is likely the best approach ...


Book Reviews And Libel Proceedings, David Caron, Lori Damrosch, Bernard Oxman, Richard Bilder 2009 The Dickson Poon School of Law, King's College London

Book Reviews And Libel Proceedings, David Caron, Lori Damrosch, Bernard Oxman, Richard Bilder

David D. Caron

No abstract provided.


The Failure Of Analogy In Conceptualizing Private Entity Liability Under Section 1983, Richard Frankel 2009 Drexel University Earle Mack School of Law

The Failure Of Analogy In Conceptualizing Private Entity Liability Under Section 1983, Richard Frankel

Richard H. Frankel

This paper examines the liability rules that apply to the growing number of private entities that perform state functions and fall within the purview of Section 1983. In particular, this paper asserts that in Section 1983 cases, courts often determine the scope of private-entity liability by comparing private-entities to government actors, and that this act of comparison leads to poor results that impair victims of constitutional violations from vindicating their rights. Instead of focusing on comparison and analogy, this paper proposes that courts should recognize that private entities are their own separate category of defendants and should treat them as ...


In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid Fontaine 2009 University of Arizona

In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid Fontaine

Reid G. Fontaine

This is a rejoinder to Professor Corrado in the upcoming special section of the American Criminal Law Review on the nature, structure, and function of self-defense and defense of others law.


Against Civil Gideon (And For Pro Se Court Reform), Benjamin Barton 2009 The University of Tennessee College of Law

Against Civil Gideon (And For Pro Se Court Reform), Benjamin Barton

Benjamin H Barton

This Article argues that the pursuit of a civil Gideon (a civil guarantee of counsel to match Gideon v. Wainright’s guarantee of appointed criminal counsel) is an error logistically and jurisprudentially and advocates an alternate route for ameliorating the execrable state of pro se litigation for the poor in this country: pro se court reform.

Gideon itself has largely proven a disappointment. Between overworked and underfunded lawyers and a loose standard for ineffective assistance of counsel the system has been degraded. As each player becomes anesthetized to cutting corners a system designed as a square becomes a circle.

There ...


Toward Universalism: What The Ada Amendments Act Of 2008 Can And Can't Do For Disability Rights, Kevin Barry 2009 Quinnipiac University

Toward Universalism: What The Ada Amendments Act Of 2008 Can And Can't Do For Disability Rights, Kevin Barry

Kevin M Barry

The social model of disability teaches that it is society’s treatment of impairments, not the impairments themselves, which limit people. But this model permits two different approaches to civil rights coverage: protect only some (the “minority group” approach) and protect all (the “universal” approach). While some scholars suggest that the ADA’s protected class of people with “disabilities” constituted an abandonment of the universal approach to coverage, this Article argues that the ADA’s three-pronged definition of “disability” embodied a tension between the minority group approach (in its first and second prongs) and the universal approach (in its “regarded ...


Risk-Taking, Karl Okamoto, Douglas Edwards 2009 Drexel University

Risk-Taking, Karl Okamoto, Douglas Edwards

Karl Okamoto

“First, kill all the bankers.”

With this phrase, the Wall Street Journal recently captured the sentiment driving the movement to regulate bankers’ pay. While we agree that financial industry executives made poor decisions, we take issue with the recent suggestion that, to prevent the excessive risk-taking that led to the recent financial crisis, we must only correct certain “perverse” compensation-related incentives. This logic, unfortunately, underpins a worldwide call to reform executive compensation in the finance industry. The precise prescriptions differ, but a common view has prevailed - if we can dampen the incentives to take risk, we can achieve greater financial ...


Reasonable Perception And Parody In Copyright Law, David Simon 2009 Chicago-Kent College of Law

Reasonable Perception And Parody In Copyright Law, David Simon

David Simon

When the Supreme Court decided that parodies should be given protection under the doctrine of fair use, it attempted to chart a clear course through the waters that had eddied since it last sailed through them forty-three years earlier. In the process, the Court sailed its ship in three primary directions, making the same number of holdings. First, a parody is a type of work entitled to fair use protection. Second, a work qualifies as a parody when it can “reasonably be perceived” as such. Finally, a work’s status as a parody is not determinative of whether it is ...


The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray 2009 Widener Law

The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray

Laura K. Ray

No abstract provided.


The Coasean Analysis Of Harmful Interactions: Some Conceptual Difficulties, Satish Jain 2009 Jawaharlal Nehru University

The Coasean Analysis Of Harmful Interactions: Some Conceptual Difficulties, Satish Jain

Satish K. Jain

This paper is concerned with two distinct issues flowing from Coase's analysis of harmful interactions and of how courts deal with them. The first issue relates to the domain of validity of the Coase Theorem. It is argued in the paper that if non-pecuniary considerations are brought into the analysis then it can no longer be claimed that the outcome will be efficient regardless of liability assignments. In other words, it is contended in the paper that the validity of the Coase Theorem is crucially dependent on neglect of non-pecuniary considerations from the analysis. From this it follows that ...


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


No Reparation Without Taxation: Applying The Internal Revenue Code To The Concept Of Reparations For Slavery And Segregation, Andre Smith, Carlton Waterhouse 2009 Indiana University - Purdue University Indianapolis

No Reparation Without Taxation: Applying The Internal Revenue Code To The Concept Of Reparations For Slavery And Segregation, Andre Smith, Carlton Waterhouse

Andre L. Smith

In the article, Professors Andre Smith and Carlton Waterhouse explore the interesting and rich relationship between reparations and the tax law scholarship. Employing a rich dialogical style, the authors move fluidly between the theoretical and practical aspects of both reparations and tax law in a way that brings both areas of research together. Beyond the slavery reparations tax scams of the earlier part of the decade, the authors reveal an intriguing and important relationship between reparations and the United States tax code previously unexplored. The authors accomplish this in two distinct ways. They begin with an examination of reparations proposals ...


These Statements Have Not Been Approved By The Fda: Improving The Post-Approval Regulation Of Prescription Drugs, Christopher Page 2009 University of Oregon - Editor-in-Chief

These Statements Have Not Been Approved By The Fda: Improving The Post-Approval Regulation Of Prescription Drugs, Christopher Page

Christopher R. Page

The American public’s confidence in the FDA is waning in the midst of increased reporting of inefficiencies in the agency. The missteps by the FDA in the post-approval regulation of prescription drugs are magnified by the pervasive use of prescription drugs in the market. This article identifies these missteps. It also chronicles the response of the state attorneys general to this void in regulation, from the famous class action suit against the tobacco industry to the Oxycontin litigation to the recent Vioxx settlement.

This response to the public’s lack of confidence is accomplished through lawsuits against pharmaceutical companies ...


Two Understandings Of Supremacy: An Essay, Vincent Samar 2009 Chicago-Kent College of Law

Two Understandings Of Supremacy: An Essay, Vincent Samar

Vincent Samar

Two Understandings of Supremacy: An Essay


On The Necessity Of Necessity: An Economic Analysis Of Contracts Concluded In A Situation Of Need, Péter Cserne, Ákos Szalai 2009 Selected Works

On The Necessity Of Necessity: An Economic Analysis Of Contracts Concluded In A Situation Of Need, Péter Cserne, Ákos Szalai

Péter Cserne

An important characteristic of necessity cases is that ex ante and sometimes even ex post both parties have an interest in upholding the contract. From an economic perspective, the policy objective of regulating necessity is to give optimal incentives for precaution, search and rescue. These incentive effects have been widely discussed in the law and economics literature, the received view being that price control based on the costs of the rescue plus a small reward provides optimal incentives. In this paper we argue that the received view is unwarranted. Our model suggests that in many cases the socially efficient contract ...


Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons 2009 University of South Dakota School of Law

Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons

Tom E. Simmons

A "pooled trust" -- or a (d)(4)(c) trust -- is unique in several ways: (a) A pooled trust is not restricted to individuals under age 65 (although this is under challenge in certain states); (b) A pooled trust can be established by the individual himself/herself; and (c) The at-death "payback" requirement to satisfy the Medicaid lien at a beneficiary's death is stated differently than the payback requirement of a (d)(4)(A) (or "payback") trust. Trusts in other states other my own state of South Dakota have been established to qualify for the special pooled trust benefits. In ...


Dispute Resolution Precautions In India, Sonia Baldia 2009 Kilpatrick Townsend LLP

Dispute Resolution Precautions In India, Sonia Baldia

Sonia Baldia

No abstract provided.


Copyright Collectives: Good Solution But For Which Problem?, Ariel Katz 2009 Faculty of Law, University of Toronto

Copyright Collectives: Good Solution But For Which Problem?, Ariel Katz

Ariel Katz

Collective administration of copyright has been touted as a solution to many of the ills of the copyright system and to many of the legal challenges brought about by the encounter between copyrights and the digital realm. It has been viewed as the magic bullet that bridges the unfortunate trade-off between incentive and access; a mechanism that allows both rewarding creators and unfettered access to works. While not at all a new phenomenon - music performing rights have been administered collectively in many countries for most of the 20th century - collective administration has recently proliferated across many other areas of copyright ...


Windfall In Export Credit And Related Insurance Contracts In Anglo-American And Other Common Law Jurisdictions(E).Doc, Ademun Ademun-Odeke 2009 Southampton Solent University, UK

Windfall In Export Credit And Related Insurance Contracts In Anglo-American And Other Common Law Jurisdictions(E).Doc, Ademun Ademun-Odeke

Ademun Ademun-Odeke

No abstract provided.


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