Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2008

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 83371 - 83400 of 92755

Full-Text Articles in Entire DC Network

Pacific West Communities V. Grantsville : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Pacific West Communities V. Grantsville : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard Jan 2008

Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard

Hofstra Law Review

This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.

As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue both emphasize, capital defense counsel must select appropriate non-legal team members and provide them with strategic direction. It is simply ineffective assistance for counsel to permit a mental health assessment of the client to occur before having made a reasoned …


Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges Jan 2008

Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges

Hofstra Law Review

In this brief Idea piece, I describe how the labor theory of property rights associated with John Locke might apply to projects such as WikiPedia, which aggregate many small contributions by dispersed contributors. These works of "collaborative creativity" represent very significant investments of time and resources, yet do not fit comfortably within the individually-oriented framework of traditional Lockean analysis. Locke's central insight - that laboring on unowned resources ought (with exceptions and qualifications) to justify appropriation - suggests the desirability of granting some form of property interest over the products of collaborative creativity. I also explore a few practical issues …


A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger Jan 2008

A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger

Hofstra Law Review

In this Article, I will first review some of the literature on anti-immigrant biases in housing code enforcement in the United States. Then, I will describe issues of selective enforcement of housing codes in present-day Long Island using cases from the Hofstra Housing Rights Clinic as concrete illustrations. Finally, I will discuss ways that local governments both on Long Island and elsewhere can reconsider priorities in enforcing their housing codes to address the problems of cultural biases.


Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, T. Alexander Aleinikoff Jan 2008

Administrative Law: Immigration, Amnesty, And The Rule Of Law, 2007 National Lawyers Convention Of The Federalist Society, T. Alexander Aleinikoff

Hofstra Law Review

No abstract provided.


End Matter Jan 2008

End Matter

Hofstra Law Review

No abstract provided.


Fair Enough? Reconciling The Pursuit Of Fairness And Justice With Preserving The Nature Of International Commercial Arbitration, Nana Japaridze Jan 2008

Fair Enough? Reconciling The Pursuit Of Fairness And Justice With Preserving The Nature Of International Commercial Arbitration, Nana Japaridze

Hofstra Law Review

No abstract provided.


Front Matter Jan 2008

Front Matter

Hofstra Law Review

No abstract provided.


Is There A Flight From Arbitration?, Christopher R. Drahozal, Quentin R. Wittrock Jan 2008

Is There A Flight From Arbitration?, Christopher R. Drahozal, Quentin R. Wittrock

Hofstra Law Review

Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or using more 'carve-out' provisions (exempting specific categories of disputes from the franchise agreement arbitration clause). This paper examines whether the use of arbitration clauses has changed over time - in other words, whether there has been a flight from arbitration. It compares the use of arbitration clauses in franchise agreements from the same franchisors in 1999 and 2007 to see how, if at all, the clauses have …


The Vast Injustice Perpetuated By State And Local Tax Policy, Susan Pace Hamill Jan 2008

The Vast Injustice Perpetuated By State And Local Tax Policy, Susan Pace Hamill

Hofstra Law Review

State and local tax policy is one of the most important areas of public policy affecting the lives of the most powerless and vulnerable segments of the population - children from low income families. Focusing on the funding of primary and secondary education, especially in high poverty school districts, and the scheme for allocating the tax burden, this article empirically proves that all fifty states have unjust state and local tax policy, with thirty-one states inflicting an extreme level of injustice on poor children and their families. This article argues that the people in most states, as well as their …


Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas Jan 2008

Heightened Notice Means Heightened Problems: Due Process Notice Concerns When Discharging Student Loan Debts Under Chapter 13, Nickolas Karavolas

Hofstra Law Review

No abstract provided.


The European Union's Gatekeeper Initiative: The European Union Enlists Lawyers In The Fight Against Money Laundering And Terrorist Financing, Danielle Jasmin Kirby Jan 2008

The European Union's Gatekeeper Initiative: The European Union Enlists Lawyers In The Fight Against Money Laundering And Terrorist Financing, Danielle Jasmin Kirby

Hofstra Law Review

No abstract provided.


Front Matter Jan 2008

Front Matter

Hofstra Law Review

No abstract provided.


Turning Away From Islam In Iraq: A Conjecture As To How The New Iraq Will Treat Muslim Apostates, Timothy G. Burroughs Jan 2008

Turning Away From Islam In Iraq: A Conjecture As To How The New Iraq Will Treat Muslim Apostates, Timothy G. Burroughs

Hofstra Law Review

No abstract provided.


Using Excess Ivf Blastocysts For Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular And Religious, Gerard Magill Jan 2008

Using Excess Ivf Blastocysts For Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular And Religious, Gerard Magill

Hofstra Law Review

No abstract provided.


The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson Jan 2008

The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson

Hofstra Law Review

No abstract provided.


The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher Jan 2008

The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher

Hofstra Law Review

This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.

This article, whose author is the Director of the ABA Death Penalty Representation Project, places the Supplementary Guidelines in the context of the ABA's work in the death penalty field. The ABA does not oppose capital punishment but does favor justice. Hence the organization has long insisted that any jurisdiction desiring to retain execution as a criminal sanction provide high quality defense representation in accordance with the ABA's Guidelines for the Appointment and Performance of …


When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien Jan 2008

When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien

Hofstra Law Review

The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and mitigation specialists across the United States. This article describes the Supplementary Guidelines and the process by which they were researched and developed. Part I describes the Supplementary Guidelines and the process by which they were researched and developed. Part II describes the reasons for undertaking this project. Part III describes the process of investigating, researching and drafting …


The Enhanced Arbitration Appeal Amendment: A Proposal To Save American Jurisprudence From Arbitration, Modeled On The English Arbitration Act Of 1996, Drew M. Gulley Jan 2008

The Enhanced Arbitration Appeal Amendment: A Proposal To Save American Jurisprudence From Arbitration, Modeled On The English Arbitration Act Of 1996, Drew M. Gulley

Hofstra Law Review

No abstract provided.


The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora Jan 2008

The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora

Hofstra Law Review

No abstract provided.


Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds Jan 2008

Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds

Hofstra Law Review

Cultural factors so pervasively influence the interactions of the client with other people - including all of those with whom he comes into contact at significant times in his life (e.g. in educational, medical, and correctional institutions), those surrounding him in the community in which he develops, and, critically, the members of the defense team - that it is imperative for the defense team to have the talents necessary to conduct a mitigation investigation that is culturally competent. The investigation must recognize and surmount an array of barriers, overt and subtle, to obtaining information from people of variegated backgrounds. As …


Haynes Land And Livestock Company, A Partnership V. Jacob Family Chalk Creek, Llc, A Limited Liability Company; Et Al. : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Haynes Land And Livestock Company, A Partnership V. Jacob Family Chalk Creek, Llc, A Limited Liability Company; Et Al. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF CROSS-APPELLEE CHALK CREEK-HOYSTVILLE WATER USERS CORPORATION APPEAL FROM THE FINAL DECREE OF THE FOURTH JUDICIAL DISTRICT COURT OF SUMMIT COUNTY, THE HONORABLE BRUCE C. LUBECK, DISTRICT JUDGE.


Haynes Land And Livestock Company, A Partnership, And Triple H. Ranch, Lc, A Limited Liability Company V. Jacob Family Chalk Creek, Llc, A Limited Liability Company; Et. Al. : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Haynes Land And Livestock Company, A Partnership, And Triple H. Ranch, Lc, A Limited Liability Company V. Jacob Family Chalk Creek, Llc, A Limited Liability Company; Et. Al. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Summit County, State of Utah The Honorable Bruce C. Lubeck, District Court Judge.


Miller V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Miller V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Unicity International, Inc. V. Roger Hooban : Reply Brief, Utah Court Of Appeals Jan 2008

Unicity International, Inc. V. Roger Hooban : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, in and for Utah County, State of Utah, Honorable Lynn W. Davis Presiding


State Of Utah V. Donald Francis Dunlap: Brief Of Appellee, Utah Court Of Appeals Jan 2008

State Of Utah V. Donald Francis Dunlap: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for driving under the influence of alcohol, a third degree felony, in the Fifth Judicial District Court of Utah, Washington County, the Honorable James L. Shumate presiding.


Utah V. Setoki : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Utah V. Setoki : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Dale K. Barker Co., P.C., A Utah Professional Corporation V. John K. Bushnell, And Individual, And Bushnet, P.C., A Utah Professional Corporation : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Dale K. Barker Co., P.C., A Utah Professional Corporation V. John K. Bushnell, And Individual, And Bushnet, P.C., A Utah Professional Corporation : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Ruben Benitez V. Utah Department Of Health Division Of Health Care Financing : Brief Of Respondent, Utah Court Of Appeals Jan 2008

Ruben Benitez V. Utah Department Of Health Division Of Health Care Financing : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Respondent


Travis James Perkins V. State Of Utah : Reply Brief, Utah Court Of Appeals Jan 2008

Travis James Perkins V. State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.