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Regulation Of Subprime And Predatory Lending (Forthcoming), David Reiss 2010 Brooklyn Law School

Regulation Of Subprime And Predatory Lending (Forthcoming), David Reiss

Faculty Scholarship

No abstract provided.


Constitutional Borrowing, Nelson Tebbe, Robert Tsai 2010 Brooklyn Law School

Constitutional Borrowing, Nelson Tebbe, Robert Tsai

Faculty Scholarship

No abstract provided.


Patent Law, Hippo, And The Biodiversity Crisis, 9 J. Marshall Rev. Intell. Prop. L. 624 (2010), Andrew W. Torrance 2010 John Marshall Law School

Patent Law, Hippo, And The Biodiversity Crisis, 9 J. Marshall Rev. Intell. Prop. L. 624 (2010), Andrew W. Torrance

The John Marshall Review of Intellectual Property Law

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or “biodiversity,” is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and even irreplaceable ecosystem services, such as clean air and water. Despite the prodigious amount of biodiversity on earth, human activities have been depleting it at an accelerating rate that has now reached the level of a mass extinction event. The five greatest threats to biodiversity can be summarized by the “HIPPO” acronym: (1) Habitat loss, (2) Invasives ...


Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), Christopher R. Walker 2010 John Marshall Law School

Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), Christopher R. Walker

The John Marshall Review of Intellectual Property Law

Since 1984, generic pharmaceuticals have continued to grow, and are an important element in our national struggle to increase affordable health care options in the United States. The Hatch-Waxman Act has played a pivotal role in helping to create a regulatory environment that fosters the development of generic pharmaceuticals, thereby increasing access to lower-cost alternatives to more expensive drugs. An important part of balancing the interests of the generic manufacturers against those of the primary pharmaceutical makers is the thirty-month stay provision of the Hatch-Waxman Act. This comment begins by taking a look at the history of the Hatch-Waxman Act ...


Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter 2010 Louisiana State University Law Center

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Journal Articles

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a merger ...


Freshman Professor: The First Year; The First Semester; The First Day, McKay Cunningham 2010 Concordia University School of Law

Freshman Professor: The First Year; The First Semester; The First Day, Mckay Cunningham

Faculty Scholarship

“Fresh from practice, clerking, or sometimes even law school itself, the newly-appointed law professor is injected into the classroom with the incredible assumption that he or she will know what to do in front of a class and, therefore, needs no guidance in the art of teaching.” Without formal guidance, new law professors often adopt the only approach to legal teaching they know–the same Socratic method employed when they were students.

This short piece includes an account of freshman mistakes, lucky breaks, and the beginnings of a teaching philosophy. It includes resources to guide a new professor’s decisions ...


Embedded Advertising And The Venture Consumer, Zahr Said 2010 University of Washington School of Law

Embedded Advertising And The Venture Consumer, Zahr Said

Articles

Embedded advertising—marketing that promotes brands from within entertainment content—is a thriving, rapidly changing practice. Analysts estimate that embedded advertising expenditures will exceed $10 billion in 2010. The market continues to grow even as traditional advertising revenues contract. The relatively few legal scholars who have studied embedded advertising believe that it is under-regulated. Ineffective regulation, they claim, is deeply troubling because corporations may, with legal impunity, deceptively pitch products to trusting viewers. Critics charge that embedded advertising creates "hyper-commercialism," distorts consumers' tastes, taints the artistic process, and erodes faith in public discourse.

This Article argues that the critics are ...


From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts 2010 University of Washington School of Law

From Chevron To Massachusetts: Justice Stevens's Approach To Securing The Public Interest, Kathryn A. Watts

Articles

During the past three decades, one Supreme Court justice— John Paul Stevens—has authored two of the most significant administrative law decisions that speak to the judiciary’s role in checking agency interpretations of the statutes that they administer. In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., Justice Stevens’s landmark 1984 decision unanimously upheld the EPA’s construction of a term found in the Clean Air Act. Subsequently, in Massachusetts v. EPA, Justice Stevens’s 2007 opinion for a five-justice majority handed a major win to global environmental security by ordering the EPA to reconsider ...


Just Talking With The Furniture, Emily A. Hartigan 2010 St. Mary's University

Just Talking With The Furniture, Emily A. Hartigan

Faculty Articles

The current social and political situation of the United States is post-modern, post-colonial, post-critical, and post-secular. It is located in a two-party system in which the substantive values of the population are radically fragmented. As such, American social and political culture needs new prospects for conversation, both about and constituting justice, which can cross the vast differences between its members. It is time to enter a discourse on substantive justice in a way that uses the imagined unity of modernist thought as a way station for something both old and new.


Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen 2010 Indiana University Maurer School of Law

Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen

Articles by Maurer Faculty

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign ...


Proportionality, Rationality And Review, Paul Craig 2010 Indiana University Maurer School of Law

Proportionality, Rationality And Review, Paul Craig

Articles by Maurer Faculty

There is a debate in certain common law jurisdictions as to whether proportionality should be accepted as a general criterion for judicial review in administrative law. This article responds to Mike Taggart’s bifurcation thesis and his argument that proportionality should be reserved for rights-based cases, with low intensity rationality review being used for other types of case. I argue to the contrary that proportionality should be a general principle of judicial review that can be used both in cases concerned with rights and in non-rights based cases, albeit with varying intensity of review. The article begins by addressing the ...


The Personal, The Political, And Race, Jeannine Bell 2010 Indiana University Maurer School of Law

The Personal, The Political, And Race, Jeannine Bell

Articles by Maurer Faculty

This essay is a response to Richard Lempert’s Law & Society Association Presidential Address.


Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker 2010 Faulkner University Jones School of Law

Whom Would Jesus Cover - A Biblical, Ethical Lens For The Contemporary American Health Care Debate, Jeffrey R. Baker

Journal of Law and Health

This paper attempts a view of the contemporary health care debate in America through the prism of Biblical scripture and proposes that people of faith should recognize the current state of the American health care system as a moral crisis of justice and charity. First, I provide a survey of the current state of American health care for the uninsured, describing the demographic and economic circumstances of the uninsured and the resources available to them when they need medical care. Second, I ask whether, in light of scripture, this state of affairs presents a moral question that should drive our ...


Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba 2010 Case Western Reserve University

Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba

Journal of Law and Health

Good afternoon, everybody. My name is Eric Steiger, I'm one of the editors-in-chief from the Journal of Law and Health. And I'm happy to welcome all of you to the second speaker event in the 2009/2010 Journal of Law and Health Speaker Series. Thank you all for coming. Now, I know that the news last week was dominated by the story of Sandra Bullock's breakup; however, some of you might have noticed that a small piece of minor legislation also got passed through Congress last week. And you also might have noticed that it wasn't ...


Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum 2010 Villanova University Charles Widger School of Law

Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum

Villanova Environmental Law Journal

No abstract provided.


Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr. 2010 Villanova University Charles Widger School of Law

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.

Villanova Environmental Law Journal

No abstract provided.


Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson 2010 Villanova University Charles Widger School of Law

Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson

Villanova Environmental Law Journal

No abstract provided.


Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle 2010 Villanova University Charles Widger School of Law

Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle

Villanova Environmental Law Journal

No abstract provided.


Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey 2010 Villanova University Charles Widger School of Law

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal

No abstract provided.


The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen 2010 Villanova University Charles Widger School of Law

The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen

Villanova Environmental Law Journal

No abstract provided.


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