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2007

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Articles 43861 - 43890 of 46691

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Kelo V. City Of New London: New Jersey's Take On Takings, Hon. Peter G. Sheridan Jan 2007

Kelo V. City Of New London: New Jersey's Take On Takings, Hon. Peter G. Sheridan

Seton Hall Law Review

No abstract provided.


Privilege Can Be Abused: Exploring The Ethical Obligation To Avoid Frivolous Claims Of Attorney-Client Privilege, Maura I. Strassberg Jan 2007

Privilege Can Be Abused: Exploring The Ethical Obligation To Avoid Frivolous Claims Of Attorney-Client Privilege, Maura I. Strassberg

Seton Hall Law Review

No abstract provided.


God Behind Bars: Race, Religion & Revenge, Spear It Jan 2007

God Behind Bars: Race, Religion & Revenge, Spear It

Seton Hall Law Review

No abstract provided.


Kelo V. City Of New London: Is The Response To Curb The Effect Of The Supreme Court Decision Going Too Far?, Jonathan Michels Jan 2007

Kelo V. City Of New London: Is The Response To Curb The Effect Of The Supreme Court Decision Going Too Far?, Jonathan Michels

Seton Hall Law Review

No abstract provided.


The African-American Church, Political Activity, And Tax Exemption, Vaughn E. James Jan 2007

The African-American Church, Political Activity, And Tax Exemption, Vaughn E. James

Seton Hall Law Review

No abstract provided.


The New York City Police Department's Random Bag Search Policy: Withstanding Fourth Amendment Scrutiny Is Only The First Step In Combating Terrorism, Eugene Kim Jan 2007

The New York City Police Department's Random Bag Search Policy: Withstanding Fourth Amendment Scrutiny Is Only The First Step In Combating Terrorism, Eugene Kim

Seton Hall Law Review

No abstract provided.


The Constitutionality Of Outreach Statutes Under The Dormant Commerce Clause, Jason S. Haller Jan 2007

The Constitutionality Of Outreach Statutes Under The Dormant Commerce Clause, Jason S. Haller

Seton Hall Law Review

No abstract provided.


The Cost Of Clear Skin: Balancing The Social And Safety Costs Of Ipledge With The Efficacy Of Accutane (Isotrentinoin), Ami E. Doshi Jan 2007

The Cost Of Clear Skin: Balancing The Social And Safety Costs Of Ipledge With The Efficacy Of Accutane (Isotrentinoin), Ami E. Doshi

Seton Hall Law Review

No abstract provided.


International Human Rights: An Overview: Annual Vanderbilt Address To The New Jersey Alumni Of Harvard Law School, Hon. James R. Zazzali Jan 2007

International Human Rights: An Overview: Annual Vanderbilt Address To The New Jersey Alumni Of Harvard Law School, Hon. James R. Zazzali

Seton Hall Law Review

No abstract provided.


Guantanamo And The "Next Frontier" Of Detainee Issues, Jonathan Hafetz Jan 2007

Guantanamo And The "Next Frontier" Of Detainee Issues, Jonathan Hafetz

Seton Hall Law Review

No abstract provided.


More On: "Doctors Must Be Healers", Stephan N. Xenakis, M.D. Jan 2007

More On: "Doctors Must Be Healers", Stephan N. Xenakis, M.D.

Seton Hall Law Review

No abstract provided.


First, Do No Harm: Health Professionals And Guantanamo, Leonard S. Rubenstein Jan 2007

First, Do No Harm: Health Professionals And Guantanamo, Leonard S. Rubenstein

Seton Hall Law Review

No abstract provided.


Navigating The Bylaw Maze In Ncaa Major-Infractions Cases, Mike Rodgers, Rory Ryan Jan 2007

Navigating The Bylaw Maze In Ncaa Major-Infractions Cases, Mike Rodgers, Rory Ryan

Seton Hall Law Review

No abstract provided.


To Fax Or Not To Fax: Analysis Of The Regulations And Potential Burdens Imposed By The Junk Fax Prevention Act Of 2005, Michael R. Laudino Jan 2007

To Fax Or Not To Fax: Analysis Of The Regulations And Potential Burdens Imposed By The Junk Fax Prevention Act Of 2005, Michael R. Laudino

Seton Hall Law Review

No abstract provided.


Speak No Evil: Mgm V. Grokster's Potential Free Speech Implications In The Wake Of The Inducement Standard And Secondary Liability For Expression, Scott J. Sholder Jan 2007

Speak No Evil: Mgm V. Grokster's Potential Free Speech Implications In The Wake Of The Inducement Standard And Secondary Liability For Expression, Scott J. Sholder

Seton Hall Law Review

No abstract provided.


Liberty Or Safety: Implications Of The Usa Patriot Act And The U.K.'S Anti-Terror Laws On Freedom Of Expression And Free Exercise Of Religion, Christina C. Logan Jan 2007

Liberty Or Safety: Implications Of The Usa Patriot Act And The U.K.'S Anti-Terror Laws On Freedom Of Expression And Free Exercise Of Religion, Christina C. Logan

Seton Hall Law Review

No abstract provided.


The Viability Of Guantanamo Bay Detainees' Alien Tort Statute Claims Seeking Damages For Violations Of The International Law Against Arbitrary Detention, Irena Nikolic Jan 2007

The Viability Of Guantanamo Bay Detainees' Alien Tort Statute Claims Seeking Damages For Violations Of The International Law Against Arbitrary Detention, Irena Nikolic

Seton Hall Law Review

No abstract provided.


Balancing Government Regulation Against Access To Drugs: Address To Seton Hall University School Of Law, Daniel Meron Jan 2007

Balancing Government Regulation Against Access To Drugs: Address To Seton Hall University School Of Law, Daniel Meron

Seton Hall Law Review

No abstract provided.


Vioxx's History And The Need For Better Procedures And Better Testing, Margaret Gilhooley Jan 2007

Vioxx's History And The Need For Better Procedures And Better Testing, Margaret Gilhooley

Seton Hall Law Review

No abstract provided.


Internet Communications Privacy After United States V. Councilman, Theodore Y. Mcdonough Jan 2007

Internet Communications Privacy After United States V. Councilman, Theodore Y. Mcdonough

Seton Hall Law Review

No abstract provided.


The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier Jan 2007

The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier

Faculty Scholarship

Law school reform is in the air. Many reformers agree that the prevailing law school model developed in the nineteenth century does not adequately prepare students to become effective twenty-first century lawyers. Langdell's case method, designed around private domestic law, appellate cases, and the Socratic method, increasingly fails to teach students "how to think like a lawyer" in the world students will occupy. The curriculum over-emphasizes adjudication and discounts many of the important global, transactional, and facilitative dimensions of legal practice. Law school has too little to do with what lawyers actually do and develops too little of the institutional, …


Adult Impersonation: Rape By Fraud As A Defense To Statutory Rape, Russell Christopher, Kathryn Christopher Jan 2007

Adult Impersonation: Rape By Fraud As A Defense To Statutory Rape, Russell Christopher, Kathryn Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Sanchez-Llamas V. Oregon: The Glass Is Half Full, Janet K. Levit Jan 2007

Sanchez-Llamas V. Oregon: The Glass Is Half Full, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Market Failure In The Marketplace Of Ideas: Commercial Speech And The Problem That Won't Go Away, Tamara Piety Jan 2007

Market Failure In The Marketplace Of Ideas: Commercial Speech And The Problem That Won't Go Away, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Corporations And Commercial Speech, Tamara Piety, Ronald Collins, Mark Lopez, David Vladeck Jan 2007

Corporations And Commercial Speech, Tamara Piety, Ronald Collins, Mark Lopez, David Vladeck

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Tax Expenditures As Foreign Aid, David E. Pozen Jan 2007

Tax Expenditures As Foreign Aid, David E. Pozen

Faculty Scholarship

Few issues in global politics are as contentious as foreign aid – how much rich countries should give, in what ways, to whom. For years, it has been a commonplace that U.S. policies are stingy. The Organization for Economic Cooperation and Development (OECD) routinely ranks the United States far behind its industrialized peers in official development assistance (ODA), measured as a percentage of gross national income (GNI). An endless parade of critics has implored the government to do more; some suggest that the Bush Administration's support for the Monterrey Consensus, which sets a goal of increasing assistance to 0.7% of …


Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard Harcourt Jan 2007

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard Harcourt

Faculty Scholarship

How do you reconcile an opinion like Edmond v Goldsmith with the anti-civil-libertarian positions that Richard Posner advocates in his book Not a Suicide Pact: The Constitution in a Time of National Emergency? The book itself is self-consciously directed against a civil libertarian framework. "The sharpest challenge to the approach that I am sketching," Posner knowingly anticipates, "will come from civil libertarians," by which he means those "adherents to the especially capacious view of civil liberties that is often advanced in litigation and lobbying by the American Civil Liberties Union." In his book, Richard Posner argues in defense of the …


The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov Jan 2007

The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov

Faculty Scholarship

Most human interactions take place in reliance on tacit understandings, customary practices, and other legally unenforceable agreements. A considerable literature studying these informal arrangements (commonly referred to as social norms) has a decidedly positive flavor, arguing that many, if not most, of these norms are welfare enhancing. This Article looks at the less-appreciated darker side of social norms. It combines an analysis of modern sophisticated tax planning techniques with existing empirical studies of commercial relationships to reveal a disturbing connection. By relying on tacit understandings rather than express contractual terms, many taxpayers shift some of their tax liabilities to those …


Congress, Article Iv, And Interstate Relations, Gillian E. Metzger Jan 2007

Congress, Article Iv, And Interstate Relations, Gillian E. Metzger

Faculty Scholarship

Article IV imposes prohibitions on interstate discrimination that are central to our status as a single nation, yet the Constitution also grants Congress broad power over interstate relations. This raises questions with respect to the scope of Congress's power over interstate relations, what is sometimes referred to as the horizontal dimension of federalism. In particular, does Congress have the power to authorize states to engage in conduct that otherwise would violate Article IV? These questions are of growing practical relevance, given recently enacted or proposed measures – the Defense of Marriage Act (DOMA) being the most prominent example – in …


Treaties' Domains, Tim Wu Jan 2007

Treaties' Domains, Tim Wu

Faculty Scholarship

When and why do American judges enforce treaties? The question, always important, has become pressing in an age where the United States is party to over 12,000 international agreements. Article VI of the United States Constitution declares "all treaties" the "supreme Law of the Land," and American judges have long had the potential power, under the Constitution, to enforce treaties as they do statutes. But over the history of the United States, judges have not enforced treaties that way. Instead, judicial treaty enforcement is widely seen as unpredictable, erratic, and confusing. As a result, the question of treaty enforcement has …