Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

432,869 Full-Text Articles 164,252 Authors 142,595,802 Downloads 394 Institutions

All Articles in Law

Faceted Search

432,869 full-text articles. Page 6583 of 7211.

Constitutional Law, Cynthia K. Duncan 2010 Golden Gate University School of Law

Constitutional Law, Cynthia K. Duncan

Golden Gate University Law Review

No abstract provided.


Antitrust, Douglas Wyman Taylor 2010 Golden Gate University School of Law

Antitrust, Douglas Wyman Taylor

Golden Gate University Law Review

No abstract provided.


Bankruptcy, Helen Coyne-Hoerle 2010 Golden Gate University School of Law

Bankruptcy, Helen Coyne-Hoerle

Golden Gate University Law Review

No abstract provided.


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

Personnel Of The Court

Golden Gate University Law Review

No abstract provided.


Judge J. Blaine Anderson, 2010 Golden Gate University School of Law

Judge J. Blaine Anderson

Golden Gate University Law Review

No abstract provided.


Administrative Law, Lucy B. Robins 2010 Golden Gate University School of Law

Administrative Law, Lucy B. Robins

Golden Gate University Law Review

No abstract provided.


Preface, 2010 Golden Gate University School of Law

Preface

Golden Gate University Law Review

No abstract provided.


Volume 7 Masthead, 2010 Golden Gate University School of Law

Volume 7 Masthead

Golden Gate University Law Review

No abstract provided.


Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer 2010 University of Maryland School of Law

Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer

Peter G. Danchin

Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals ...


The Ties That Bind: International Law As Peacemaker, Peter G. Danchin 2010 University of Maryland School of Law

The Ties That Bind: International Law As Peacemaker, Peter G. Danchin

Peter G. Danchin

Ever since the League of Nations, there has been hope that collective security could be attained by pure international will. Can the present U.N. and worldwide "laws" contain the threats of a post-9/11 society?


A Justified Assault Upon The Citadel Of Privity And The First Amendment, Joseph G. Bunn Esq. 2010 SelectedWorks

A Justified Assault Upon The Citadel Of Privity And The First Amendment, Joseph G. Bunn Esq.

Joseph G Bunn Esq.

The active involvement of credit rating agencies (“CRAs”) in the structured finance market and the recent financial crisis is an adequate basis for investors to pursue claims against CRAs for negligent misrepresentation. Traditionally, CRAs have qualified for protection from suit by investors under the privity doctrine and under the First Amendment. CRAs qualified for protection under the privity doctrine because CRAs are not typically in a contractual relationship with investors who utilize their ratings. CRAs qualified for protection under the First Amendment because courts viewed their ratings as “speech” regarding public matters. However, this dual protection is limited in certain ...


Utopian Taxation: Covering The Cost Of Living, Maurice A. Echols 2010 University of Tennessee College of Law

Utopian Taxation: Covering The Cost Of Living, Maurice A. Echols

Maurice A Echols

This article, “Utopian Taxation: Covering The Cost of Living,” discusses concepts of economics and tax policy with an intent to have its readers consider or reconsider what is truly valuable to them individually and to society as a whole. I discuss the overall workings of Money-Based Economies, Resource-Based Economies, and Mixed Economies with their relation to tax policy and the implications that arise or may arise within them. I believe that the concepts discussed within this article are very interesting and address new and revolving issues of people, government, and the relationships between them.


“Classifying Admissions And Prior Statements: Alternatives To Rule 801(D)’S Confusing And Misguided “Not Hearsay” Terminology.”, Sam Stonefield 2010 Western New England College School of Law

“Classifying Admissions And Prior Statements: Alternatives To Rule 801(D)’S Confusing And Misguided “Not Hearsay” Terminology.”, Sam Stonefield

Sam Stonefield

Abstract: Classifying Admissions and Prior Statements: Alternatives to Rule 801(d)’s Confusing and Misguided Use of The Term “Not Hearsay”

This article examines the treatment of admissions and prior statements in hearsay law generally and in Rule 801(d) of the Federal Rules of Evidence in particular. Nearly everyone agrees that Rule 801(d)’s classification of such statements as “not hearsay” is “awkward” and “wrong” (even “Orwellian”) and violates the norms of clarity and consistency expected of good drafting and the standards of the Guidelines for Drafting and Editing the Federal Rules. Yet the rule was drafted by ...


Trawling For Herring: Lessons In Doctrinal Borrowing And Convergence, Jennifer E. Laurin 2010 University of Texas at Austin

Trawling For Herring: Lessons In Doctrinal Borrowing And Convergence, Jennifer E. Laurin

Jennifer E. Laurin

The Supreme Court’s 2009 decision in Herring v. United States has prompted both criticism and puzzlement concerning the source, meaning, and implications of the new culpability-based framework that it announced for the Fourth Amendment exclusionary rule. This Article proposes that Herring may be better understood not solely by reference to the exclusionary rule precedents to which the majority opinion claims fidelity, but rather in the context of the important and largely unexamined influence that constitutional tort doctrine has had in shaping exclusionary rule jurisprudence. That influence has been driven by the interrelated processes of borrowing and convergence – the former ...


Hurricanes, Oil Spills, And Discrimination, Oh My: The Story Of The Mississippi Cottage, Jennifer Evans-Cowley 2010 Ohio State University

Hurricanes, Oil Spills, And Discrimination, Oh My: The Story Of The Mississippi Cottage, Jennifer Evans-Cowley

Jennifer Evans-Cowley

Abstract: Immediately following Hurricane Katrina, the Mississippi Governor’s Commission for Recovery, Rebuilding, and Renewal collaborated with the Congress for the New Urbanism to generate rebuilding proposals for the Mississippi Gulf Coast. One of the ideas generated from this partnership was the Katrina Cottage—a small home that could improve upon the FEMA Trailer. The State of Mississippi participated in the resulting Alternative Housing Pilot Program, which was funded by the U.S. Congress. Five years after Katrina, this study examines how local governments have responded to the Mississippi Cottage Program. The study poses two research questions centered around the ...


Tennessee Department Of Safety Vs. Eighty-One And No/100 Dollars In Us Currency, Seized From: Robert M. Willis, Date Of Seizure: January 27, 2010, Claimant: Robert M. Willis, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. Eighty-One And No/100 Dollars In Us Currency, Seized From: Robert M. Willis, Date Of Seizure: January 27, 2010, Claimant: Robert M. Willis, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


The Class Defense: Why Dispersed Intellectual Property Defendants Need Procedural Protections, Jonathan Reich 2010 Duke Law

The Class Defense: Why Dispersed Intellectual Property Defendants Need Procedural Protections, Jonathan Reich

Duke Law & Technology Review

The intersection of antitrust and intellectual property circumscribes two century-long debates. The first pertains to questions about how antitrust law and intellectual property law interact, and the second pertains to questions about how parties can exploit property rights, including intellectual property rights, to exclude competitors. This iBrief finesses these questions and turns to practical considerations about how innovation and intellectual property can impinge antitrust enforcement. This iBrief develops two propositions. First, although collaborative research and development has often been and remains unwittingly misunderstood, what is understood about it is consistent with the long- standing observation that antitrust has rarely interfered ...


Transactions Between Nonprofit And For-Profit Organizations, Terri Helge 2010 Texas A&M University School of Law

Transactions Between Nonprofit And For-Profit Organizations, Terri Helge

Terri L. Helge

No abstract provided.


The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman 2010 Chicago-Kent College of Law

The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman

Steven J. Heyman

Modern First Amendment jurisprudence is deeply paradoxical in nature. On one hand, freedom of speech is said to promote fundamental values such as individual self-fulfillment, democratic deliberation, and the search for truth. At the same time, however, many decisions protect speech that appears to harm these values by attacking the dignity and personality of other people or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality comes from. I argue that the American free speech tradition actually consists of two very different strands: a liberal humanist view that emphasizes the ...


Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, Debra P. Stark, Jessica M. Choplin 2010 John Marshall Law School

Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, Debra P. Stark, Jessica M. Choplin

Debra Pogrund Stark

This article critiques the Commission of the European Union's recent consumer protection initiatives for the EU mortgage market focusing on the revised form of disclosures that the Commission appears poised to mandate in a Directive, providing suggested reforms to this form to make it more effective and proposing four additional consumer protections to empower EU consumers to make wise home loan decisions. The article argues that these additional consumer protections are a necessary condtion to creating the integrated EU mortgage market (with more cross border home loans) that the Commission desires.


Digital Commons powered by bepress