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The Causal Relationship Of Sex, Pregnancy, Lactation, And Breastfeeding And The Meaning Of "Because Of . . . Sex" Under Title Vii, L. Camille Hebert 2010 The Ohio State University College of Law

The Causal Relationship Of Sex, Pregnancy, Lactation, And Breastfeeding And The Meaning Of "Because Of . . . Sex" Under Title Vii, L. Camille Hebert

L. Camille Hebert

This article explains the decisions of a number of courts that have found that lactating and breastfeeding women are not entitled to the protections of Title VII and explains why those decisions are wrong. The article then explains how these issues should be treated under the normal application of Iitle VII principles, including the scope of protected groups generally and principles of sexual stereotyping, and discusses how the theories of disparate treatment and dipsrate impact would be applied to claims of discrimination against lactating women. Finally, the article explores why the recent enactment of a provision in the Health Care ...


Self-Conscious Dicta: The Origins Of Roe V. Wade's Trimester Framework, Randy Beck 2010 University of Georgia School of Law

Self-Conscious Dicta: The Origins Of Roe V. Wade's Trimester Framework, Randy Beck

Randy Beck

One of the controversies arising from Roe v. Wade (1973) has concerned whether the conclusions undergirding the opinion's “trimester framework” should be considered part of the holding of the case, or instead classified as dicta. Different Supreme Court opinions have spoken to this question in different ways. This article reviews materials from the files of Justices who participated in Roe, seeking insight as to what the Court thought about the issue at the time.

The article concludes that Justices in the Roe majority understood the opinion’s trimester framework to consist largely of dicta, unnecessary to a ruling on ...


Stock Broker Standards Of Conduct – Principles, Rules And Fiduciary Duties, Thomas Lee Hazen 2010 University of North Carolina at Chapel Hill

Stock Broker Standards Of Conduct – Principles, Rules And Fiduciary Duties, Thomas Lee Hazen

Thomas Lee Hazen

In recent years there has been concern as to the adequacy of broker-dealer regulation. SEC and self regulatory organization rulemaking addresses specific types of broker-dealer conduct but by and large the regulation has been based on principles and standards rather than voluminous detailed rules specifying prohibited conduct. In particular, a good deal of broker-dealer conduct is addressed under the umbrella of regulating according to fair and just principles of trade. Also, much of the SEC’s rulemaking authority is based on the ability to prohibit fraudulent, manipulative, and deceptive devices. It also has been suggested that broker-dealers should be subject ...


Stock Broker Standards Of Conduct – Principles, Rules And Fiduciary Duties, Thomas Lee Hazen 2010 University of North Carolina at Chapel Hill

Stock Broker Standards Of Conduct – Principles, Rules And Fiduciary Duties, Thomas Lee Hazen

Thomas Lee Hazen

In recent years there has been concern as to the adequacy of broker-dealer regulation. SEC and self regulatory organization rulemaking addresses specific types of broker-dealer conduct but by and large the regulation has been based on principles and standards rather than voluminous detailed rules specifying prohibited conduct. In particular, a good deal of broker-dealer conduct is addressed under the umbrella of regulating according to fair and just principles of trade. Also, much of the SEC’s rulemaking authority is based on the ability to prohibit fraudulent, manipulative, and deceptive devices. It also has been suggested that broker-dealers should be subject ...


A Delicate Balancing Act: Satisfying The Fourth Amendment While Protecting The Bankruptcy System From Debtor Fraud, Michael Sousa 2010 Univeristy of Denver Sturm College of Law

A Delicate Balancing Act: Satisfying The Fourth Amendment While Protecting The Bankruptcy System From Debtor Fraud, Michael Sousa

Michael Sousa

No abstract provided.


Dialectical Jurisprudence: Aristotle And The Concept Of Law, John T. Valauri 2010 Northern Kentucky Chase College of Law

Dialectical Jurisprudence: Aristotle And The Concept Of Law, John T. Valauri

John T. Valauri

This article offers a therapy for modern analytic legal philosophy’s bipolar disorder, a disorder manifested in the tendency to approach and analyze philosophical topics as dueling dichotomies, incapable of resolution or reconciliation. The upshot of this situation has been the division of Anglo-American legal philosophy into two warring camps—positivist and non-positivist. Through an examination of puzzles involving conceptual analysis and legal rules, this article suggests a dialectical alternative to the bipolar disorder, an alternative inspired by Aristotle’s practical philosophy. This dialectical jurisprudence seeks to change the pursuit of the nature of law from a search for necessary ...


The Next Stage Of Health Care Reform: Controlling Costs By Paying Health Plans Based On Health Outcomes, Dale B. Thompson 2010 University of St Thomas - Saint Paul

The Next Stage Of Health Care Reform: Controlling Costs By Paying Health Plans Based On Health Outcomes, Dale B. Thompson

Dale Thompson

The predominant form of paying for health care in the United States (Fee-for-Service) creates inefficient incentives and leads to rising costs. A number of changes were incorporated into the health care reform legislative package of 2010, but these changes will not stop rising costs. Instead, this article proposes that the reimbursement structure for the Medicare Advantage program be revised so that medical plans receive their payments based on delivery of health outcomes, not delivery of health services. This approach utilizes centralized enforcement at the level of the plan, to provide incentives for the plan to encourage its providers to improve ...


When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti 2010 University of Oregon School of Law

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and ...


State Regulation Of Unauthorized Practice Of Law In Arbitration, Barry R. Temkin 2010 New York Law School

State Regulation Of Unauthorized Practice Of Law In Arbitration, Barry R. Temkin

Barry R. Temkin

There is no clear national answer to the question of whether lawyers may handle arbitrations in jurisdictions in which they are not licensed. Some jurisdictions consider appearance at arbitrations to be the practice of law, such that advocates in ADR proceedings must be licensed in the forum state or affiliated with local counsel. For example, California permits out of state lawyers to appear in arbitrations, provided they seek written approval from the arbitral forum and file a certificate with the state bar. On the other hand, authorities in several states do not even consider arbitration the practice of law. The ...


Course Selection Handbook 2010-2011, Boston College Law School 2010 Boston College Law School

Course Selection Handbook 2010-2011, Boston College Law School

Law School Publications

A guide to the Boston College Law School curriculum, created by the Office of Academic Services. Includes course descriptions for all courses offered. Last updated August 16, 2010.


Appeal No. 824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2010 Case Western Reserve University School of Law

Appeal No. 824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15


Department Of Safety Vs. One 2003 Strick Semi Trailer Vin No.: 1s12e95313e494047, Seized From: Pedro Rodriquez, Date Of Seizure: November 9, 2009, Claimant: Rene Valdez, Lienholder: Pnb Capital, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 2003 Strick Semi Trailer Vin No.: 1s12e95313e494047, Seized From: Pedro Rodriquez, Date Of Seizure: November 9, 2009, Claimant: Rene Valdez, Lienholder: Pnb Capital

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Dying For Privacy: Pitting Public Access Against Familial Interests In The Era Of The Internet, Clay Calvert 2010 Northwestern Pritzker School of Law

Dying For Privacy: Pitting Public Access Against Familial Interests In The Era Of The Internet, Clay Calvert

NULR Online

I just killed my two kids. . . . I drowned them. . . . They are 2 and 4. . . . I just shot myself. . . . with a gun. . . . Please hurry.”

That was the dying declaration of 21-year-old Julia Murray on February 16, 2010, preserved for all of posterity on a 911 emergency telephone recording and available to anyone and everyone in Florida—from journalists and police to even voyeurs and perverts—under that state’s open records laws. Murray and one of her three children are gone (the second child survived the drowning attempt), but her words remain. Should the public have a right to hear them ...


Tennessee Department Of Safety Vs. Two 2 Cellular Telephones & Two Hundred Eighty Dollars $280.00 In U.S. Currency, Seized From: Bennett Christian, Date Of Seizure: August 12, 2009, Claimant: Bennett Christian, Lienholder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. Two 2 Cellular Telephones & Two Hundred Eighty Dollars $280.00 In U.S. Currency, Seized From: Bennett Christian, Date Of Seizure: August 12, 2009, Claimant: Bennett Christian, Lienholder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One2001 Cadillac Deville Vin No.: 1g6kf57981u216331 Or Vin No.: 1g6kf5798102163311 & Six Hundred Forty-Nine Dollars $649.00 In U.S. Currency, Seized From: Duane Moore, Date Of Seizure: November 10, 2009, Claimant: Tiffany Covington, Lienholder: U.S. Community Credit Union, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One2001 Cadillac Deville Vin No.: 1g6kf57981u216331 Or Vin No.: 1g6kf5798102163311 & Six Hundred Forty-Nine Dollars $649.00 In U.S. Currency, Seized From: Duane Moore, Date Of Seizure: November 10, 2009, Claimant: Tiffany Covington, Lienholder: U.S. Community Credit Union

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1999 Ford Taurus Vin No.: 1fafp52u1xa171482, Seized From: Jason Ownby, Date Of Seizure: October 18, 2009, Claimant/, Lienholder: A+ Auto Sales, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1999 Ford Taurus Vin No.: 1fafp52u1xa171482, Seized From: Jason Ownby, Date Of Seizure: October 18, 2009, Claimant/, Lienholder: A+ Auto Sales

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Coasean Markets, Herbert J. Hovenkamp 2010 University of Pennsylvania Law School

Coasean Markets, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Coase’s work emphasized the economic importance of very small markets and made a new, more marginalist form of economic “institutionalism” acceptable within mainstream economics. A Coasean market is an association of persons with competing claims on a legal entitlement that can be traded. The boundaries of both Coasean markets and Coasean firms are determined by measuring not only the costs of bargaining but also the absolute costs of moving resources from one place to another. The boundaries of a Coasean market, just as those of the Coasean business firm, are defined by the line where the marginal cost of ...


The Need For A Federal, Australia-Wide Approach To Issues Concerning Crime Victims (Law), Sam Boris Garkawe, Michael O'Connell 2010 Southern Cross University

The Need For A Federal, Australia-Wide Approach To Issues Concerning Crime Victims (Law), Sam Boris Garkawe, Michael O'Connell

Associate Professor Sam Garkawe

There are now a number of significant Federal crimes that do involve natural persons as crime victims; there are more international instruments and issues that concern victims; and benefits and support for crime victims have increased, raising important Federal questions where crimes are committed overseas against Australians or where residents of one Australian jurisdiction are victimised in another jurisdiction. It is the major contention of this comment that the proliferation of these issues and others now requires a concerted and coordinated Federal response. During this comment we will identify and explore six important issues concerning crime victims that underlie the ...


Assessing Ourselves: Confirming Assumptions And Improving Student Learning By Efficiently And Fearlessly Assessing Student Learning Outcomes., Lori Roberts 2010 Western State College of Law - Argosy

Assessing Ourselves: Confirming Assumptions And Improving Student Learning By Efficiently And Fearlessly Assessing Student Learning Outcomes., Lori Roberts

Lori A Roberts

The American Bar Association’s (ABA) proposed accreditation standards for law schools that would require faculty to not only assess individual student performance, but also to assess themselves as legal educators to ensure they are meeting their institutions’ goals of student learning, have stirred a debate among legal educators regarding the justification for assessment and a scramble to figure out how to comply. This article contends that assessment is justified as an ABA accreditation standard given the history of questionable quality and unaccountability in post secondary education, and the increasing reliance on accreditation as a form of consumer protection. Furthermore ...


Transportation Safety, Scotty Dunlap 2010 Eastern Kentucky University

Transportation Safety, Scotty Dunlap

Scotty Dunlap

After completing this chapter, you will be able to: Define what a hazardous material is according to DOT regulations. Explain the safety implications of transporting materials Describe the components of commercial motor vehicle driver qualifications. Differentiate between the two DOT regulations that address drug and alcohol testing. Describe how the components of DOT safety can be applied to fleet safety.


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