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Articles 22411 - 22440 of 26451
Full-Text Articles in Entire DC Network
The Path Of Least Resistance: The Effects Of Groundwater Law's Failure To Evolve With Changing Times Comment., Bruce E. Toppin Iii
The Path Of Least Resistance: The Effects Of Groundwater Law's Failure To Evolve With Changing Times Comment., Bruce E. Toppin Iii
St. Mary's Law Journal
Groundwater is a type of freshwater stored in the earth’s crust which does not flow through underground channels. In Texas, groundwater is becoming highly sought-after, and development of proper management and conservation models is crucial to preserve the resource for future generations. In Texas, ownership of groundwater is governed by the common law doctrine of absolute ownership, commonly mislabeled as the rule of capture. The absolute ownership doctrine still governs groundwater ownership, but its application has been judicially altered to limit the rights of landowners who wish to pump water from beneath their lands. Texas lawmakers also contributed to the …
Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith
St. Mary's Law Journal
Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …
Refocusing Light: Alex Sheshunoff Management Services, L.P. V. Johnson Moves Back To The Basics Of Covenants Not To Compete., Michael D. Paul, Ian C. Crawford
Refocusing Light: Alex Sheshunoff Management Services, L.P. V. Johnson Moves Back To The Basics Of Covenants Not To Compete., Michael D. Paul, Ian C. Crawford
St. Mary's Law Journal
The law regarding covenants not to compete is a product of the tension between competing rights, including the right of companies to protect trade secrets, market share, and corporate goodwill. Companies use non-compete covenants to deter competition from former employees and discourage employees from job hopping. A covenant not to compete is generally defined as a contractual provision in which one party agrees to refrain from conducting business similar to that of the other party. Courts generally enforce covenants concerning activities after the termination of employment if such covenants are “reasonable in scope, time, and territory.” The promise cannot be …
Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond
Why Legal Ethics Rules Are Relevant To Lawyer Liability The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Douglas R. Richmond
St. Mary's Law Journal
The last two decades have witnessed the creation of a perilous liability environment for lawyers and law firms. Most discussions of lawyer liability begin with “legal malpractice,” a term which typically describes professional negligence. In a malpractice case, the plaintiff must prove the lawyer owed them a duty, the duty was breached, and the breach was the proximate cause of actual damages. The lawyer’s duty flows from the attorney-client relationship. But, the attorney-client relationship is also a fiduciary one, and lawyers may be sued for breach of the fiduciary duty. While these two causes of action are usually alleged simultaneously, …
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook
St. Mary's Law Journal
Present and former employees of an opposing party are often the best source of information concerning that party’s activities. Contact with these employees or their representatives may be considered ethical or unethical depending on the circumstances. Unfortunately, the rules governing such contacts are neither clear nor consistent. The first issue lawyers must resolve is whether the present and former employees are considered “represented” under Rule 4.2 of the Model Rules of Professional Conduct. If they are “unrepresented” for purposes of Rule 4.2, the issue then becomes whether Rule 4.3 applies. Of grave importance are the potential sanctions, which include the …
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
St. Mary's Law Journal
Abstract Forthcoming.
International Legal Malpractice: Not Only Will The Dog Eventually Bark, It Will Also Bite The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Ethan S. Burger
St. Mary's Law Journal
The internationalization of legal practice presents numerous issues for lawyers, such as obtaining qualifications to practice law in foreign jurisdictions and developing the necessary knowledge. Different and possibly conflicting notions of standards of care and professional responsibility will arise. Globalization is widely regarded as the principal driving force in international economic and political relations. From the standpoint of business activity there are myriad ways to assess the impact of globalization. These include tracking rates of exchange, observing altered methods, or examining how attitudes and information has changed. Globalization has increased the demand for specialized accounting and legal services connected with …
Breaking The Silence: Rape As An International Crime, Mark Ellis
Breaking The Silence: Rape As An International Crime, Mark Ellis
Case Western Reserve Journal of International Law
No abstract provided.
Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun
Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun
Case Western Reserve Journal of International Law
No abstract provided.
Do We Need New International Law To Protect Women In Armed Conflict, Karima Bennoune
Do We Need New International Law To Protect Women In Armed Conflict, Karima Bennoune
Case Western Reserve Journal of International Law
No abstract provided.
Against The Surgical Requirement For Chance Of Legal Sex, Harper Jean Tobin
Against The Surgical Requirement For Chance Of Legal Sex, Harper Jean Tobin
Case Western Reserve Journal of International Law
No abstract provided.
Foreword To The Fifth Plague: Foreward, Amos N. Guiora, Erin M. Page
Foreword To The Fifth Plague: Foreward, Amos N. Guiora, Erin M. Page
Case Western Reserve Journal of International Law
No abstract provided.
Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler
Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler
Case Western Reserve Journal of International Law
No abstract provided.
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Case Western Reserve Journal of International Law
No abstract provided.
Simulation: From Three Days After Diagnosis Onward, Amos Guiora, Carl Adrianopoli, Charles J. Couch, Leah C. Dorman
Simulation: From Three Days After Diagnosis Onward, Amos Guiora, Carl Adrianopoli, Charles J. Couch, Leah C. Dorman
Case Western Reserve Journal of International Law
No abstract provided.
On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin
On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin
Case Western Reserve Journal of International Law
No abstract provided.
Media Responsibility During A Terrorist Attack, Josh Meyer
Media Responsibility During A Terrorist Attack, Josh Meyer
Case Western Reserve Journal of International Law
No abstract provided.
Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch
Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch
Case Western Reserve Journal of International Law
No abstract provided.
Lessons Learned From The Fifth Plague, Amos N. Guiora, Erin M. Page
Lessons Learned From The Fifth Plague, Amos N. Guiora, Erin M. Page
Case Western Reserve Journal of International Law
No abstract provided.
Foot And Mouth Disease Responses In Ohio, Leah Dorman
Foot And Mouth Disease Responses In Ohio, Leah Dorman
Case Western Reserve Journal of International Law
No abstract provided.
Statutory And Regulatory Authority Delineating Ohio Animal Disease Control In Ohio, William A. Hopper Jr.
Statutory And Regulatory Authority Delineating Ohio Animal Disease Control In Ohio, William A. Hopper Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Chaos In The Courtroom: Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf
Chaos In The Courtroom: Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
The Saddam Trial: Challenges To Meeting International Standards Of Fairness With Regard To The Defense, Mark S. Ellis
The Saddam Trial: Challenges To Meeting International Standards Of Fairness With Regard To The Defense, Mark S. Ellis
Case Western Reserve Journal of International Law
No abstract provided.
Dujail Opinions, Trial And Appeals
Dujail Opinions, Trial And Appeals
Case Western Reserve Journal of International Law
No abstract provided.
Genocide - The Power Of A Label, Michael J. Kelly
Genocide - The Power Of A Label, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, Robert Petit, Stuart Ford, Neha Jain
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, Robert Petit, Stuart Ford, Neha Jain
Case Western Reserve Journal of International Law
No abstract provided.
Public Law And Private Process: Toward An Incentivized Organizational Justice Model Of Equal Employment Quality For Caregivers, Rachel Arnow-Richman
Public Law And Private Process: Toward An Incentivized Organizational Justice Model Of Equal Employment Quality For Caregivers, Rachel Arnow-Richman
Utah Law Review
This Article advocates what I call an organizational justice approach to equal employment quality, consisting of a set of judicially enforceable private due process rights designed to enhance worker voice and provide incentives for voluntary employer accommodation of caregiving. In so doing, it joins the work of a number of advocates and scholars who have called for greater legal protection for working caregivers. These thinkers have made significant strides both in focusing the discussion toward issues of long-term success and employment quality and in theorizing normative and doctrinal bases for holding employers responsible for the status of caregivers. To date, …
Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards
Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards
Utah Law Review
A brief exploration of the intrinsic limitations of common-law marriage and cohabitation contracts in light of Utah law indicates that these two classic remedies for unmarried cohabitants are quite ineffective in providing protection to dependent partners in cohabitant relationships. In addition, Utah's current laws are arranged in a way that leaves Utah wide open to absorb the costs of the inevitable consequences of cohabitation relationships-break-up. Utah's laws provide no economic relief or protection to unmarried cohabitants where one partner is a provider and the other a dependent. The lack of legal protections will often result in the dependent partner relying …
Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley
Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley
Utah Law Review
The issue of victims' access to presentence reports will undoubtedly receive more and more attention as federal courts continue to give definition to the provisions of the Crime Victims' Rights Act. While the CVRA clearly seeks to provide victims a greater participatory role in the criminal justice process, confidentiality concerns may outweigh full disclosure ofpresentence reports.
Toward A Feminist Theory Of The Rural, Lisa R. Pruitt
Toward A Feminist Theory Of The Rural, Lisa R. Pruitt
Utah Law Review
Angela Harris argued almost two decades ago that, "to energize legal theory, we need to subvert it with narratives and stories, accounts of the particular, the different, the hitherto silenced. I have sought to do precisely that here: to surface the stories of rural women, one group who have been overlooked, misunderstood, and thus silenced. Rural women have been silenced not only because of the lack of power that stems from socioeconomic disadvantage, but also because of their physical distance from public places, from centers of power, from services, and from opportunities of all sorts. The deepest atrocities of their …