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387339 full-text articles. Page 6582 of 6972.

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl 2010 William & Mary Law School

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Selected Salient Evidentiary Issues In Employment Discrimination Cases, Lynn McLain 2010 University of Baltimore

Selected Salient Evidentiary Issues In Employment Discrimination Cases, Lynn Mclain

All Faculty Scholarship

No abstract provided.


Income Tax Basis For A Remainder Interest, Neil E. Harl 2010 Iowa State University

Income Tax Basis For A Remainder Interest, Neil E. Harl

Agricultural Law Digest

Although less common than a half century ago,1 it is not at all unusual to see use made of legal life estates and remainders, not to mention life estates and remainders in trust. A major concern is what is the income tax basis for a remainder and what happens if the holder of the life estate predeceases the remainder interest holder? Is the holder of the remainder interest entitled to receive a new income tax basis at death?


Cases, Regulations, And Statutes, Robert P. Achenbach Jr 2010 Iowa State University

Cases, Regulations, And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Tennessee Housing Development Agency, Petitioner, Vs. Elizabeth Barnes, Respondent., 2010 University of Tennessee, Knoxville

Tennessee Housing Development Agency, Petitioner, Vs. Elizabeth Barnes, Respondent.

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr. 2010 Duke Law School

How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Structural Safeguards Of Federal Jurisdiction, Tara Grove 2010 William & Mary Law School

The Structural Safeguards Of Federal Jurisdiction, Tara Grove

Tara L Grove

Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are ...


Attorney Self-Disclosure, Benjamin Cooper 2010 University of Mississippi School of Law

Attorney Self-Disclosure, Benjamin Cooper

Benjamin P Cooper

How do people with legal problems find an appropriate lawyer? For unsophisticated users of legal services – lower- and middle-income individuals and small businesses – it is a longstanding and vexing problem. Before hiring a lawyer, consumers want to know the answers to a variety of questions: Has the lawyer ever been disciplined? Has the lawyer ever been sued for malpractice? Does the lawyer carry malpractice insurance? Does the lawyer have the appropriate experience and expertise to handle this matter? In this information age, a “Google” search should yield answers to these questions, but, surprisingly, this critical information is difficult, and, in ...


Employment At-Will: Sacred Writ Or Big Lie?, John Judge 2010 Judge, Kostura, & Putman, P.C.

Employment At-Will: Sacred Writ Or Big Lie?, John Judge

John Judge

Texas was the fourth state to adopt the at-will rule of employment termination, an inferential rebuttal defense to an employee’s action for breach of a contract of employment of indefinite duration. The 1888 decision in East Line & R. R. R. Co. v. Scott, 10 S.W. 99 (Tex., 1888), looks to Horace Woods’ 1877 treatise MASTER & SERVANT, and has been slavishly followed in Texas despite dubious intellectual provenance and a complete lack of relevance to actual reality in the contemporary employment market.


Fairness, Utility, And Market Risk, Jeff Schwartz 2010 California Western School of Law

Fairness, Utility, And Market Risk, Jeff Schwartz

Jeff Schwartz

In this Article, I argue that we lack a satisfactory theory about how disclosure, the centerpiece of securities regulation, serves investor interests. To close this gap, I contend that the regulations should be viewed as part of a broader societal framework that protects individuals from stock-market risk. I flesh out this notion in three ways. First, I set out to justify protection from market risk as a valid societal goal. To do so, I appeal to Rawlsian and utilitarian notions of justice. These moral theories contain the principle that a just society helps individuals manage risk. I argue that this ...


Comment: Extending Copyright Misuse To An Affirmative Cause Of Action, Michael Rubinstein 2010 Loyola Marymount University

Comment: Extending Copyright Misuse To An Affirmative Cause Of Action, Michael Rubinstein

Michael E. Rubinstein

No abstract provided.


Judicial Politics, The Rule Of Law And The Future Of An Ermine Myth, Charles Geyh 2010 Indiana University - Bloomington

Judicial Politics, The Rule Of Law And The Future Of An Ermine Myth, Charles Geyh

Charles G. Geyh

According to a Renaissance myth, the ermine would rather die than soil its pristine, white coat. English and later American judges would adopt the ermine as a symbol of the judiciary’s purity and commitment to the rule of law. This “ermine myth” remains central to the legal establishment’s conception of the judicial role: independent judges, the argument goes, disregard extralegal influences and instead follow the law strictly. , In contrast, political scientists had long theorized that judicial independence liberates judges to disregard the law and substitute their extralegal policy preferences. A recent spate of interdisciplinary research, however, has led ...


Comparative Law Workshop, Peter Yu 2010 Texas A&M University School of Law

Comparative Law Workshop, Peter Yu

Peter K. Yu

No abstract provided.


Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz 2010 Hamline University

Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz

David A Schultz

Abstract: The adoption of the Twenty-Fourth Amendment banning poll taxes in federal elections was intended to protect franchise rights and increase voter turnout. However, since its adoption it has yet to be successfully invoked to invalidate any practice, including poll taxes and most recently voter photo IDs. This article seeks to resurrect the Twenty-Fourth Amendment and to make the case for a broader interpretation of it. Specifically, the Article seeks to disconnect the poll tax from a narrow reading of its legacy during the Jim Crow era when its primary purpose was to disenfranchise African-Americans. Instead, the poll tax should ...


The Ill-Made Prince: A Modest Proposal For A New Article Ii, Garrett Epps 2010 University of Baltimore School of Law

The Ill-Made Prince: A Modest Proposal For A New Article Ii, Garrett Epps

Garrett Epps

ABSTRACT This Article considers the recent controversies over claims of extensive executive authority by the Bush Administration and suggests that they stem at least partially from the inartful and tentative phrasing of Article II and the resulting efforts by advocates of executive authority to transfer all available authority to the President. Its analysis begins with the drafting of Article II and the battles over its meaning during the Washington and Adams Administrations, then moves forward to illustrate the ways in which its negative features have repeatedly sparked political crises and inter-branch confrontation, particularly by those who read into the executive ...


Government Identity Speech And Religion: The Endorsement Test After Summum, Mary Jean Dolan 2010 John Marshall Law School

Government Identity Speech And Religion: The Endorsement Test After Summum, Mary Jean Dolan

Mary Jean Dolan

This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Eagles-donated Ten Commandments. This Article explores the fine distinctions between the new “government speech doctrine” – a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views – and the Establishment Clause – which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. I argue that the Court’s ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty 2010 Albany Law School

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger 2010 University of Nebraska College of Law

In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger

Eric Berger

The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment tests in both cases, Baze was highly deferential to state policy, and Kennedy was not deferential at all. Remarkably, neither the Court nor legal scholars have acknowledged, let alone justified, these contrasting approaches. This article proposes a theory of deference to address this discrepancy ...


Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan 2010 Duke University

Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan

Sandeep Vaheesan

The antitrust laws, in general, do not require firms to share their assets with rivals. When a particular asset is a natural monopoly and used as an input in other markets, however, the essential facilities doctrine requires that its owner share this asset with firms in related markets. In recent decades, the Supreme Court, as well as leading scholars, have criticized the doctrine, claiming it is economically inefficient and strains the institutional resources of the judiciary. The doctrine, nonetheless, has its share of defenders who believe it has a vital role to play in antitrust enforcement.

Historically, the courts most ...


Tennessee Department Of Safety Vs. One 2003 Chevrolet Impala Vin No.: 2g1wf52ex39215614, Seized From: Deon Williams, Date Of Seizure: July 31, 2009, Claimant: Shana Disroe, Lien Holder: Jrs Auto Sales, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2003 Chevrolet Impala Vin No.: 2g1wf52ex39215614, Seized From: Deon Williams, Date Of Seizure: July 31, 2009, Claimant: Shana Disroe, Lien Holder: Jrs Auto Sales

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


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