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Blazer V. Wall: The Restriction Of The Easement By Reservation Doctrine, Hanna Warhank 2010 Attorney, Church, Harris, Johnson & Williams, P.C.

Blazer V. Wall: The Restriction Of The Easement By Reservation Doctrine, Hanna Warhank

Montana Law Review

Restriction of the Easement by Reservation Doctrine


Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn 2010 Embry-Riddle Aeronautical University

Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

No abstract provided.


Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli 2010 Edith Cowan University

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Journal of Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP ...


Malware Forensics: Discovery Of The Intent Of Deception, Murray Brand, Craig Valli, Andrew Woodward 2010 Edith Cowan University

Malware Forensics: Discovery Of The Intent Of Deception, Murray Brand, Craig Valli, Andrew Woodward

Journal of Digital Forensics, Security and Law

Malicious software (malware) has a wide variety of analysis avoidance techniques that it can employ to hinder forensic analysis. Although legitimate software can incorporate the same analysis avoidance techniques to provide a measure of protection against reverse engineering and to protect intellectual property, malware invariably makes much greater use of such techniques to make detailed analysis labour intensive and very time consuming. Analysis avoidance techniques are so heavily used by malware that the detection of the use of analysis avoidance techniques could be a very good indicator of the presence of malicious intent. However, there is a tendency for analysis ...


Agency And Partnership Law [2009], Pearlie KOH, Stephen BULL 2010 Singapore Management University

Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull

Research Collection School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.


Black And Brown Coalition Building During The Post-Racial Obama Era, Karla M. McKanders 2010 Vanderbilt University Law School

Black And Brown Coalition Building During The Post-Racial Obama Era, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

This essay explores how the past Civil Rights Movement and discrimination against persons of color, mainly Latinos and African Americans, can help to address current forms of discrimination in our country. In particular, since the election of the first African American President, who also has immigrant parents, many people have claimed that we have reached a “post-racial” America. In the new post-racial America, proponents claim that the pre-Civil Rights Movement racial caste system of the sixties has been eradicated. In this context, this essay seeks to explore whether there is any link between the past experiences of African Americans with ...


Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. McKanders 2010 Vanderbilt University Law School

Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. Consequently, clinics are at an inflection point regarding their future. Three distinct generations will determine the path forward: Baby Boomers, Generation X, and Millennials. Each generation brings a different set of preferences, biases, perspectives and strengths to the table. Given the changes in legal academia, what will the future hold for clinical legal education?

The following are four essays by clinicians from the three generations. They each relay their ...


Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. McKanders 2010 Vanderbilt University Law School

Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many legislators and city council members state that the purpose of the anti-immigrant laws is to restrict illegal immigration where the federal government has failed to do so, opponents claim that the laws are passed to enable discrimination and exclusion of all Latinos, regardless of their immigration status ...


Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff 2010 University of Pennsylvania

Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

Shady Grove Orthopedic Associates v. Allstate Insurance Co., a closely watched case decided in the 2009–10 Term, presented the Court with an opportunity to speak to two related problems under the Rules Enabling Act that have languished for decades without proper resolution. The first involves a broad interpretive question: How can the limitations on rulemaking authority contained in the Act be applied in a manner that reflects the separation-of-powers concerns that animated them while also exhibiting respect for the state regulatory arrangements that govern much of our economic and social activity? The second problem involves the intersection of the ...


The Unspoken Voices Of Indigenous Women In Immigration Raids, Karla M. McKanders 2010 Vanderbilt University Law School

The Unspoken Voices Of Indigenous Women In Immigration Raids, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

The voices of the most vulnerable populations often point towards social constructs in dire need of systemic change. The treatment of immigrant women in workplace raids exemplifies this concept. Over the last couple of years, Immigration and Customs Enforcement, a division of the Department of Homeland Security, has executed several workplace raids to deport undocumented immigrants who are unauthorized to work in this country. When discussing workplace raids, most news articles focus on the mass deportation of men, this paper will take a different perspective, and examine indigenous immigrant Guatemalan women’s stories in migrating to the United States, seeking ...


Equality Among Equals: Is The Senate Cloture Rule Unconstitutional?, Michael J. Teter 2010 Marquette University Law School

Equality Among Equals: Is The Senate Cloture Rule Unconstitutional?, Michael J. Teter

Marquette Law Review

The United States Senate now operates as a sixty-vote chamber. Nearly every action, from passing significant legislation to consenting to routine executive nominations, requires support from a supermajority of senators. The basis for the sixty-vote Senate rests with Rule XXII, defining the standard for invoking cloture to end debate. A largely ignored provision of the Constitution renders Rule XXII suspect. Article I, Section 3 states, in part, “Each Senator shall have one Vote.” Conventional wisdom misidentifies this clause as serving only the basic purpose of denoting a change from the state-based voting practiced under the Articles of Confederation. The history ...


It's Deja Vu All Over Again: Using Bounty Hunters To Leverage Gatekeeper Duties, Tom Arnold 2010 University of Tulsa, College of Law

It's Deja Vu All Over Again: Using Bounty Hunters To Leverage Gatekeeper Duties, Tom Arnold

Tulsa Law Review

No abstract provided.


Tribute To Dean Robert E. Sullivan, J. Martin Burke 2010 University of Montana School of Law

Tribute To Dean Robert E. Sullivan, J. Martin Burke

Faculty Law Review Articles

This article is a tribute to Robert E. Sullivan, long-time dean of the University of Montana School of Law.


Ignoring The Writing On The Wall: The Role Of Enterprise Risk Management In The Economic Crisis, Michelle M. Harner 2010 University of Maryland Francis King Carey School of Law

Ignoring The Writing On The Wall: The Role Of Enterprise Risk Management In The Economic Crisis, Michelle M. Harner

Journal of Business & Technology Law

No abstract provided.


The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan MacLeod Heminway 2010 University of Maryland Francis King Carey School of Law

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.


Corporate Reform As A Credence Service, Omari Scott Simmons 2010 University of Maryland Francis King Carey School of Law

Corporate Reform As A Credence Service, Omari Scott Simmons

Journal of Business & Technology Law

No abstract provided.


Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh 2010 University of Maryland Francis King Carey School of Law

Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh

Journal of Business & Technology Law

No abstract provided.


Climate Change Governance: Boundaries And Leakage, Michael P. Vandenbergh, Mark A. Cohen 2010 Vanderbilt Owen Graduate School of Management

Climate Change Governance: Boundaries And Leakage, Michael P. Vandenbergh, Mark A. Cohen

Vanderbilt Law School Faculty Publications

This article provides a critical missing piece to the global climate change governance puzzle: how to create incentives for the major developing countries to reduce carbon emissions. The major developing countries are projected to account for 80% of the global emissions growth over the next several decades, and substantial reductions in the risk of catastrophic climate change will not be possible without a change in this emissions path. Yet the global climate governance measures proposed to date have not succeeded and may be locking in disincentives as carbon-intensive production shifts from developed to developing countries. A multi-pronged governance approach will ...


Narrow Banking: An Overdue Reform That Could Solve The Too-Big-To-Fail Problem And Align U.S. And U.K. Regulation Of Financial Conglomerates, Arthur E. Wilmarth Jr. 2010 George Washington University Law School

Narrow Banking: An Overdue Reform That Could Solve The Too-Big-To-Fail Problem And Align U.S. And U.K. Regulation Of Financial Conglomerates, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This article is based on testimony presented on December 7, 2011, before the Subcommittee on Financial Institutions and Consumer Protection of the Senate Committee on Banking, Housing, and Urban Affairs. The article provides an update and extension of my previous work showing that: (1) the U.S., U.K. and other developed nations provided enormous subsidies for “too-big-to-fail” (“TBTF”) financial institutions during the financial crisis, thereby creating dangerous distortions in our financial markets and economies; (2) large financial conglomerates follow a hazardous business model that is riddled with conflicts of interest and prone to speculative risk-taking; (3) the Dodd-Frank Wall ...


An Emerging Norma: The Duty Of States To Provide Reparations For Human Rights Violations By Non-State Actors, Cecily Rose 2010 University of California, Hastings College of the Law

An Emerging Norma: The Duty Of States To Provide Reparations For Human Rights Violations By Non-State Actors, Cecily Rose

Hastings International and Comparative Law Review

No abstract provided.


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