Sentencing Paris, 2010 Bond University
Sentencing Paris, Jodie O'Leary
Extract: For a number of years now punishing Paris Hilton may have been on the mind of many a person for different reasons. She is guilty of crimes against fashion some would say. Cries of cruelty to animals could also be heard for, among other things, dressing her Chihuahua Tinkerbell in pink Chanel. Parents scorned her as a bad role model for their children.
Teaching Evaluations By Faculty Colleagues, 2010 William & Mary Law School
Teaching Evaluations By Faculty Colleagues, Aaron-Andrew P. Bruhl
No abstract provided.
Pleasant Grove City V. Summum: Monuments, Messages, And The Next Establishment Clause, 2010 Northwestern University School of Law
Pleasant Grove City V. Summum: Monuments, Messages, And The Next Establishment Clause, Lisa Shaw Roy
The facts of Pleasant Grove City v. Summum are well known by now: Summum, a small religious group, argued that Pleasant Grove City violated the Free Speech Clause of the First Amendment when it refused to display Summum’s monument in the city’s Pioneer Park, which already contained fifteen other monuments, including a Ten Commandments display. Summum’s unlikely claim won in the Tenth Circuit Court of Appeals, a request for rehearing was denied, and the case ultimately was heard before the U.S. Supreme Court. During the oral arguments, the Justices (along with commentators, Court watchers, and, of ...
Baseball's Moral Hazard: Law, Economics And The Designated Hitter Rule, 2010 U. of Washington School of Law
Baseball's Moral Hazard: Law, Economics And The Designated Hitter Rule, Steve Calandrillo
Steve P. Calandrillo
No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of “moral hazard,” which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat. Using a law-and-economics approach, this Article concludes that the designated hitter rule ...
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, 2010 creighton law school
Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Strand
palma joy strand
This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape ...
¿Criminalizar El Aborto O Desinformar Al Público?, 2010 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM)
¿Criminalizar El Aborto O Desinformar Al Público?, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
Intellectual Property Protection And The Crossover Point, 2010 Texas A&M University School of Law
Intellectual Property Protection And The Crossover Point, Peter Yu
Peter K. Yu
No abstract provided.
Delaware For Small Fry: Jurisdictional Competition For Limited Liability Companies, 2010 University of Illinois
Delaware For Small Fry: Jurisdictional Competition For Limited Liability Companies, Larry E. Ribstein
Larry E. Ribstein
Most of the work on jurisdictional competition for business associations has focused on publicly held corporations and the factors underlying Delaware’s dominance in attracting formations of large out-of-state corporations. We examine an analogous jurisdictional competition to attract formations by closely held limited liability companies (LLCs). The LLC offered the first attractive business form for closely held limited liability firms unconstrained by the legacy of corporate default rules. State legislatures have adopted and changed LLC statutes rapidly over the past 20 years. Unlike general and limited partnerships, which have been shaped by uniform laws, LLC statutes vary significantly. These circumstances ...
Affirmative Action: Where It Was, Where It Is, And Where It Should Go, 2010 Selected Works
Affirmative Action: Where It Was, Where It Is, And Where It Should Go, Lawrence Opisso
A comment on the history of affirmative action, its current state, and a perspective on its future. This comment focuses on affirmative action moving toward a poverty-based solution to social inequities.
Attorney Negotiation Ethics: An Empirical Assessment, 2010 Arizona State University
Attorney Negotiation Ethics: An Empirical Assessment, Art Hinshaw
The code of ethical conduct for lawyers -- the American Bar Association’s Model Rules of Professional Conduct (the “Model Rules”) -- legitimizes a certain amount of dissembling and misdirection in the negotiation realm, only prohibiting legal negotiators from making fraudulent misrepresentations about material matters. To determine if attorneys are meeting this low standard, the authors surveyed practicing lawyers and asked them if they would agree to engage in a fraudulent pre-litigation settlement scheme if a client requested them to do so. Nearly one-third of the respondents indicated they would agree to the client’s overtures, and only half indicated that they ...
Ricci’S “Color-Blind” Standard In A Race Conscious Society: A Case Of Unintended Consequences?, 2010 Loyola University Chicago
Ricci’S “Color-Blind” Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
Michael J Zimmer
Ricci’s Color-Blind Standard in a Race Conscious Society: A Case of Unintended Consequences? By Michael J. Zimmer Abstract In Ricci v. DeStefano, the Supreme Court, in an opinion by Justice Kennedy, ruled that, as a matter of law, the City of New Haven had committed intentional disparate treatment discrimination that violated Title VII by deciding not to use the results of a test given to promote firefighters to openings as lieutenants and captains. The attempt of the City to defend its decision by claiming it was because using the test scores would result in an adverse impact on minority ...
Where Did My Privilege Go?: Congress And Its Discretion To Ignore The Attorney-Client Privilege, 2010 Columbia Law School at Catholic University
Where Did My Privilege Go?: Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don R. Berthiaume
Don R Berthiaume
“The right to counsel is too important to be passed over for prosecutorial convenience or Executive Branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted…. However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law;” so said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain ...
The Death Of Big Law, 2010 University of Illinois
The Death Of Big Law, Larry E. Ribstein
Larry E. Ribstein
Large law firms face unprecedented stress. Many have dissolved, gone bankrupt or significantly downsized in recent years. This paper provides an economic analysis of the forces driving the downsizing of Big Law. It shows that this downsizing reflects a basically precarious business model rather than just a shrinking economy. Because large law firms do not own durable, firm-specific property, a set of strict conditions must exist to bind the firm together. Several pressures have pushed the unraveling of these conditions, including increased global competition and the rise of in-house counsel. The large law firm’s business model therefore requires fundamental ...
The Mayor's Institute On City Design - Midwest, 2010 Carnegie Mellon University
The Mayor's Institute On City Design - Midwest, Elise Gatti, Christine Brill, Donald K. Carter, John Folan
School of Architecture
In February 2010, the Remaking Cities Institute hosted a two-day regional conference of the Mayors’ Institute on City Design, a program sponsored jointly by the National Endowment for the Arts, the United States Conference of Mayors and the American Architectural Foundation.
The small, closed-door symposium is intended to educate mayors about how urban design can contribute to the revitalization of cities. Seven mayors from mid-sized cities and eight design professionals from across the U.S. worked together on design-oriented solutions to selected issues facing each city. Remaking Cities Institute researchers traveled to each city in advance to meet key officials ...
Legal Citation Without Fear, 2010 University of Georgia School of Law Library
Legal Citation Without Fear, Maureen Cahill
Presentation by Maureen Cahill, Student Services Librarian, as part of the library's Lunch-n-Learn series.
Vol. Vii, Tab 38 - Ex. 52 - Alferness Deposition (Google Ad Products Sr. Pm), Jonathan Alferness
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Intermediate Sanctions Offer Hope To Probationers, 2010 John Marshall Law School
Intermediate Sanctions Offer Hope To Probationers, Timothy O'Neill
Timothy P. O'Neill
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, 2010 University of Pittsburgh - Main Campus
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice Mueller, Daniel Brean
Janice M Mueller
The United States offers legal protection for designs—the overall aesthetic appearances of objects—through the patent system. To obtain a U.S. design patent has long required something more than novelty. Just as the patentability of a utilitarian device mandates a “nonobvious” advance over earlier technology, the patentability of a new and ornamental design requires that it differ from prior designs to an extent that would not have been “obvious to a designer of ordinary skill who designs articles of the type involved.” Ostensibly promoting progress in design, Congress in 1842 shoehorned design protection into the existing utility patent ...
Pacifica Reconsidered: Implications For The Current Controvery Over Broadcast Indecency, 2010 Georgetown University
Pacifica Reconsidered: Implications For The Current Controvery Over Broadcast Indecency, Angela Campbell
Angela J. Campbell
This article tells the story behind the Pacifica decision, which found the FCC acted consistently with the First Amendment in finding that the broadcast of George Carlin’s monologue “Seven Dirty Words” violated federal law prohibiting indecent broadcasts, and considers the implications of Pacifica for two cases recently remanded by the Supreme Court. The issues on remand in the Fox and CBS cases are whether Pacifica justifies the FCC’s reprimand of stations for airing “fleeting expletives” and “fleeting nudity” and whether Pacifica remains good law in light of legal and technological changes. To tell the story of Pacifica, I ...
Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, 2010 Albany Law School
Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, 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 ...