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

Law Commons

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

406,838 Full-Text Articles 156,709 Authors 142,595,802 Downloads 383 Institutions

All Articles in Law

Faceted Search

406,838 full-text articles. Page 6587 of 6929.

Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker 2010 American University Washington College of Law

Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker

American University International Law Review

No abstract provided.


Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad, Francesca Tronco García 2010 American University Washington College of Law

Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad, Francesca Tronco García

American University International Law Review

No abstract provided.


Why Appellate Courts Have Rejected The Argument That The Defense Of Marriage Act Trumps The Parental Kidnapping Prevention Act, Barbara Cox 2010 California Western School of Law

Why Appellate Courts Have Rejected The Argument That The Defense Of Marriage Act Trumps The Parental Kidnapping Prevention Act, Barbara Cox

Faculty Scholarship

The author seeks to explain why courts should not be permitted to interpret the Defense of Marriage Act (DOMA) to displace judgment recognition based on a forum state's public policy against legal relationships for same-sex couples. If courts interpret DOMA in this manner, nothing would prevent Congress from exempting other types of judgments from the protection of the Full Faith and Credit clause, thereby permitting relitigation of judgments that are now considered final and binding in every state.


Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman 2010 California Western School of Law

Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman

Faculty Scholarship

The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses ...


Judges And Their Editors, Douglas E. Abrams 2010 University of Missouri School of Law

Judges And Their Editors, Douglas E. Abrams

Faculty Publications

This essay discusses the roles of personal law clerks, central staff clerks, and Reporters of Decisions in editing judges’ opinions at the drafting stage. “The overarching lesson [is] that by submerging pride of authorship during an opinion’s gestation and by weighing editorial input with an open mind, judges secure in their craft advance the interests of justice.” The essay also discusses the constraints imposed by the ABA Model Code of Judicial Conduct on the circle of persons a judge may consult without giving the parties advance notice. The essay is adapted from Prof. Abrams’ address to the international meeting ...


Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams 2010 University of Missouri School of Law

Sports In The Courts: The Role Of Sports References In Judicial Opinions, Douglas E. Abrams

Faculty Publications

In cases with no claims or defenses concerning sports, the Supreme Court and lower federal and state courts frequently publish opinions that draw analogies to the rules or terminology of sports familiar to broad segments of the American people. Sports analogies can help the court explain factual or legal points because today’s generation, including the lawyers and litigants who comprise the prime audience for written opinions, grew into adulthood amid an unprecedented saturation of professional and amateur sports in the broadcast and print media, and more recently on the Internet. This article surveys the broad array of sports whose ...


A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil 2010 University of Missouri School of Law

A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil

Faculty Publications

This Article attempts to create a new method for approaching the priority of attorneys’ fees in bankruptcy. It criticizes Lamie for not going far enough toward resolving the attorneys’ fees issue, and proposes a statutory amendment to the Bankruptcy Code that will harmonize the interests of both creditors and debtors who are seeking bankruptcy protection during these difficult economic times.


Taxpayer Standing From Flast To Hein, Carl H. Esbeck 2010 University of Missouri School of Law

Taxpayer Standing From Flast To Hein, Carl H. Esbeck

Faculty Publications

This essay plays off a critique by Professor Maya Manian of an article where I discussed the decision in Hein v. Freedom From Religion Foundation, Inc., 551 U.S. 587 (2007) (plurality opinion). While Professor Manian was concerned about how the result in Hein would lead to under enforcement of church-state separation, my article had utilized Hein, and more generally the law of taxpayer standing beginning with Flast v. Cohen (1968), to look beyond the question of aid to religion. Rather, I began by showing that the only cases in which the Court had announced a “generalized grievance” and thereby ...


A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia Jones 2010 American University Washington College of Law

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia Jones

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Masthead & Table Of Contents , AU Intellectual Property Brief 2010 American University Washington College of Law

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.


Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman 2010 American University Washington College of Law

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.


Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee 2010 American University Washington College of Law

Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee

Intellectual Property Brief

No abstract provided.


South Africa's Movie Piracy Challenges, Matilda Bilstein 2010 American University Washington College of Law

South Africa's Movie Piracy Challenges, Matilda Bilstein

Intellectual Property Brief

No abstract provided.


Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman 2010 American University Washington College of Law

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.


Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee 2010 American University Washington College of Law

Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee

Intellectual Property Brief

No abstract provided.


Online Auction Sites And Inconsistencies: A Case Study Of France, China, And The United States, Won Hee Elaine Lee 2010 American University Washington College of Law

Online Auction Sites And Inconsistencies: A Case Study Of France, China, And The United States, Won Hee Elaine Lee

Intellectual Property Brief

No abstract provided.


Masthead & Table Of Contents , AU Intellectual Property Brief 2010 American University Washington College of Law

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.


Riaa Monetary Recoveries In Illegal Downloading Cases Pale In Comparison To Legal Fees Paid, Ashley Kobi 2010 American University Washington College of Law

Riaa Monetary Recoveries In Illegal Downloading Cases Pale In Comparison To Legal Fees Paid, Ashley Kobi

Intellectual Property Brief

No abstract provided.


Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg 2010 American University Washington College of Law

Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg

Intellectual Property Brief

No abstract provided.


Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos 2010 American University Washington College of Law

Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos

Intellectual Property Brief

No abstract provided.


Digital Commons powered by bepress