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Articles 8131 - 8160 of 20101
Full-Text Articles in Entire DC Network
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Articles
This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).
Success And Failure In Adr: A Dialogue Between Partners, Lela P. Love, Joseph B. Stulberg
Success And Failure In Adr: A Dialogue Between Partners, Lela P. Love, Joseph B. Stulberg
Articles
Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.
Why Wynne Worries Me, Edward A. Zelinsky
The Anomaly Of Entrapment, Jessica A. Roth
The Anomaly Of Entrapment, Jessica A. Roth
Articles
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result of such operations, we have seen a number of cases brought to trial in the federal courts in which defendants have asserted the entrapment defense. To date, the defense has not succeeded. However, as a consequence of these cases, the United States Supreme Court may …
The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton
The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton
Articles
No abstract provided.
Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw
Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw
Articles
In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …
Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky
Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky
Articles
The Buffett-Gates Giving Pledge, under which wealthy individuals promise to leave a majority of their assets to charity, is an admirable effort to encourage philanthropy. However, the Pledge requires us to confront the paradox that the federal estate tax charitable deduction is unlimited while the federal income tax charitable deduction is capped. If a Giving Pledger leaves his wealth to charity, the federal fisc loses significant revenue since the Pledger thereby avoids federal estate taxation as charitable bequests are deductible without limit for federal estate tax purposes. Despite its laudable qualities, the Giving Pledge is a systematic (albeit inadvertent) threat …
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Articles
This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …
Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok
Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok
Articles
Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs' lawyers skilled in bringing small value, large-scale litigation-the typical consumer, employment, and antitrust claims that have made up the bulk of class action litigation over the past forty years-hit upon a viable business model which would allow them to arbitrate one-on-one claims efficiently and profitably? The obstacles are tremendous: without some means of recreating the economies of scale and reaping the fees provided by the aggregative device of Rule 23, no rational lawyer would expend the resources to develop and arbitrate individual, small-value claims against …
The Aftermath Of Hobby Lobby: Hsas And Hras As The Least Restrictive Means, Edward A. Zelinsky
The Aftermath Of Hobby Lobby: Hsas And Hras As The Least Restrictive Means, Edward A. Zelinsky
Articles
In Burwell v. Hobby Lobby Stores, Inc., the United States Supreme Court held that the Religious Freedom Restoration Act of 1993 (RFRA) does not require closely-held corporations’ employer-sponsored medical plans to provide forms of contraception that shareholders of such corporations object to on religious grounds. The question now raised is how the President, Congress, and the departments of Health and Human Services (HHS), Treasury and Labor, ought to respond to the Hobby Lobby decision.
The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine
The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine
Articles
The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
Articles
Throughout the medieval period, marriage was acknowledged by temporal rulers to be a religious matter governed by the ecclesiastic law of the Church which, to be sure, incorporated many principles of Roman law. Subsequent to the Reformation, the rulers of many European countries became disposed to regard marriage as a civil act, to withdraw marriage from the control of the church and to entrust it entirely to the state. The Napoleonic Code was the first example of a legal system that treated marriage as a purely civil act. The Napoleonic Code did not deny the religious element present in marriage …
Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein
Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein
Articles
A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …
(Re)Constructing Career Strategies After Experiencing Involuntary Job Loss, Sue Mulhall
(Re)Constructing Career Strategies After Experiencing Involuntary Job Loss, Sue Mulhall
Articles
This research article focuses on experiences of involuntary job loss following organisational change as occasions for career (re)construction. Using narrative inquiry, it explores the career stories of four former professionals on an Irish active labour market programme assisting the long-term unemployed to transition to employment. The article portrays how, and in what ways, the participants respond when confronted with transformation. Offering an empirically grounded understanding of the character and conduct of those encountering transition with greater nuance than that currently found in the literature, the article comprehends the approach that the former professionals use to (re)construct their career strategies. By …
Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha
Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha
Articles
Health research is a priority in every economy, and this research – set in the context of building a more sustainable and efficient health-care system – examines how operations management practices can be translated to clinical applications. Health-care systems in general (and emergency departments (EDs) in particular) around the world are facing enormous challenges in meeting the increasingly conflicting objectives of providing wide accessibility and delivering high-quality services efficiently and promptly. The framework proposed in this study integrates simulation modelling, the Balanced Scorecard, and multicriteria decision analysis with the aim of providing a decision support system for health-care managers. Using …
New Building Regulations, Ruairi Hayden
Fear Of An Undeterrable Other, Fredrick E. Vars
Fear Of An Undeterrable Other, Fredrick E. Vars
Articles
America is presently fighting a war on terror and a war on sex offenders. In each, the government openly detains hundreds of individuals not for what they have done, but for what they might do. Some warn that this greatest restriction on liberty may expand to other types of people. This Article examines the risk of such expansion by putting our current wars in historical perspective. The two main conclusions are: (1) some categories of people detained in prior periods are not being detained today; and (2) the risk of expansion is real but lower than previously suggested.
The Unitary Executive And The Plural Judiciary: On The Potential Virtues Of Decentralized Judicial Power, Ronald J. Krotoszynski Jr.
The Unitary Executive And The Plural Judiciary: On The Potential Virtues Of Decentralized Judicial Power, Ronald J. Krotoszynski Jr.
Articles
The federal judiciary features a highly decentralized system of courts. The Supreme Court of the United States reviews only a few dozen cases each year. Meanwhile, regional U.S. courts of appeals operate independently of each other; district courts further divide and separate the exercise of federal judicial power. The role of the state courts in enforcing federal law further subdivides responsibility for the adjudication of federal law claims. Indeed, the Office of Chief Justice itself incorporates and reflects this vesting of the judicial power of the United States exclusively in collegial institutions-literally in a multiplicity of hands-effectively precluding its unilateral …
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Articles
Patentable subject matter has become one of the most controversial areas of patent law Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter One posits that natural laws natural phenomena and abstract ideas are themselves ineligible for patenting and that each example of a natural law natural phenomenon or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity "” or "inventive concept" "” that sufficiently distinguishes those inventions from their natural counterparts This "penumbral" …
Marriage Outlaws: Regulating Polygamy In America, Casey E. Faucon
Marriage Outlaws: Regulating Polygamy In America, Casey E. Faucon
Articles
Polygamist families in America live as outlaws on the margins of society While the insular groups living in and around Utah are recognized by mainstream society Muslim polygamists including African"American polygamists living primarily along the East Coast are much less familiar Despite the positive social justifications that support polygamous marriage recognition the practice remains taboo in the eyes of the law Second and third polygamous wives are left without any legal recognition or protection Some legal scholars argue that states should recognize and regulate polygamous marriage specifically by borrowing from business entity models to draft default rules that strive for …
Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs
Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs
Articles
No abstract provided.
The Hobby Lobby Moment The Supreme Court - 2013 Term: Comments, Paul Horwitz
The Hobby Lobby Moment The Supreme Court - 2013 Term: Comments, Paul Horwitz
Articles
No abstract provided.
The Religious Geography Of Town Of Greece V. Galloway, Paul Horwitz
The Religious Geography Of Town Of Greece V. Galloway, Paul Horwitz
Articles
Law and religion scholarship generally focuses on the temporal aspects of American religion and the law of the Religion Clauses not their spatial aspects This article argues that churchstate legal scholarship ought to take a spatial turn A substantial body of nonlegal scholarship has emphasized the influence of space and place on American religion and religious history The lens of geography observes a leading text provides an effective framework for analyzing the connection of religious belief to other spheres of thought and action at diverse scales Geography thus offers the potential for a richer understanding of American religious pluralism and …
A Troublesome Right: The Law In Dworkin's Treatment Of Law And Religion A Symposium On Ronald Dworkin's Religion Without God, Paul Horwitz
A Troublesome Right: The Law In Dworkin's Treatment Of Law And Religion A Symposium On Ronald Dworkin's Religion Without God, Paul Horwitz
Articles
No abstract provided.
Unbundling In The New Legal Marketplace, Pamela Bucy Pierson
Unbundling In The New Legal Marketplace, Pamela Bucy Pierson
Articles
No abstract provided.
Company Law And The Law Of Succession Droit Commercial/Commercial Law Section Iii.A: Commercial Law, Kenneth M. Rosen
Company Law And The Law Of Succession Droit Commercial/Commercial Law Section Iii.A: Commercial Law, Kenneth M. Rosen
Articles
No abstract provided.
Atlantic Marine Through The Lens Of Erie Symposium: Forum Selection After Atlantic Marine, Adam N. Steinman
Atlantic Marine Through The Lens Of Erie Symposium: Forum Selection After Atlantic Marine, Adam N. Steinman
Articles
No abstract provided.
Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado
Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado
Articles
No abstract provided.
Banks, Marijuana, And Federalism Symposium: Marijuana, Federal Power, And The States, Julie Andersen Hill
Banks, Marijuana, And Federalism Symposium: Marijuana, Federal Power, And The States, Julie Andersen Hill
Articles
Although marijuana is illegal under federal law, twenty-three states have legalized some marijuana use. The state-legal marijuana industry is flourishing, but marijuana-related businesses report diffi- culty accessing banking services. Because financial institutions will not allow marijuana-related businesses to open accounts, the mari- juana industry largely operates on a cash-only basis-a situation that attracts thieves and tax cheats. This Article explores the root of the marijuana banking problem as well as possible solutions. It explains that although the United States' dual banking system comprises both federal- and state- chartered institutions, when it comes to marijuana banking, federal regulation is pervasive and …
Shifting The Fat-Tailed Distribution Of Blockbuster Punitive Damages Awards, W. Kip Viscusi, Benjamin J. Mcmichael
Shifting The Fat-Tailed Distribution Of Blockbuster Punitive Damages Awards, W. Kip Viscusi, Benjamin J. Mcmichael
Articles
The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally The size and predictability of awards are important factors in the US Supreme Court's decisions on punitive damages This article examines the effect of the Court's decision in iState Farm v Campbelli on blockbuster punitive damages awards iState Farmi shifts the fat tail of the distribution of blockbuster awards down or "thins" the tail which is consistent with a restraining effect on …