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2010

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Articles 3031 - 3060 of 30190

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"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain Nov 2010

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain

Cardozo Law Review

No abstract provided.


Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson Nov 2010

Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

Cardozo Law Review

This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …


Appellate Law, L. Steven Emmert Nov 2010

Appellate Law, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough Nov 2010

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2010

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …


The Right To Voice Reprised, Christopher Slobogin Nov 2010

The Right To Voice Reprised, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that criminal defendants ought to be able to present speculative psychiatric testimony if the expert has followed a routinized evaluation process that addresses the relevant legal criterion, an argument based in part on the position that the Constitution can be read to entitle defendants to tell their exculpatory mental state stories. In a recent essay, Professor Lillquist takes aim at this latter rationale, which I called the …


Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr Nov 2010

Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how …


Ecological Effects Of Virus-Resistant Transgenic Squash, Holly R. Prendeville Nov 2010

Ecological Effects Of Virus-Resistant Transgenic Squash, Holly R. Prendeville

School of Biological Sciences: Dissertations, Theses, and Student Research

Two ecological risks associated with the use of transgenic crops include the effects of transgene products on non-target organisms and the effects of a transgene after it moves from crops into a wild plant population. In work presented here, we specifically investigate the ecological risks of virus-resistant transgenic squash. We observed pollinator behavior to determine if pollinators are affected by nontarget effects of the virus-resistant transgene. We found that pollinator behavior did differ between conventional and virus-resistant transgenic squash due to pleiotropic effects of the transgene. This difference in pollinator behavior can affect plant mating patterns, thereby affecting crop-wild hybridization …


Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele Nov 2010

Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele

William & Mary Law Review

Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …


When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee Nov 2010

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.


The Braincase Of Youngina Capensis (Reptilia, Diapsida): New Insights From High-Resolution Ct Scanning Of The Holotype, Nicholas M. Gardner, Casey M. Holliday, F. Robin O’Keefe Nov 2010

The Braincase Of Youngina Capensis (Reptilia, Diapsida): New Insights From High-Resolution Ct Scanning Of The Holotype, Nicholas M. Gardner, Casey M. Holliday, F. Robin O’Keefe

Biological Sciences Faculty Research

Detailed descriptions of braincase anatomy in early diapsid reptiles have been historically rare given the difficulty of accessing this deep portion of the skull, because of poor preservation of the fossils or the inability to remove the surrounding skull roof. Previous descriptions of the braincase of Youngina capensis, a derived stem-diapsid reptile from the Late Permian (250 MYA) of South Africa, have relied on only partially preserved fossils. High resolution X-ray computed tomography (HRXCT) scanning, a new advance in biomedical sciences, has allowed us to examine the reasonably complete braincase of the holotype specimen of Youngina capensis for the …


Replacing Context For Plain Meaning In United States V. Cox Nov 2010

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger Nov 2010

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.


Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman Nov 2010

Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman

BYU Law Review

No abstract provided.


The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen Nov 2010

The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen

BYU Law Review

No abstract provided.


Reinventing Usefulness, Michael Risch Nov 2010

Reinventing Usefulness, Michael Risch

BYU Law Review

No abstract provided.


Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall Nov 2010

Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall

BYU Law Review

No abstract provided.


Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis Nov 2010

Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis

BYU Law Review

No abstract provided.


Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher Nov 2010

Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher

BYU Law Review

No abstract provided.


Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz Nov 2010

Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz

BYU Law Review

No abstract provided.


Grown Up Congenital Heart Disease Patient Presenting For Non Cardiac Surgery: Anaesthetic Implications, Mohammad Hamid, Mansoor Ahmed Khan, Mohammad Irfan Akhtar, Hameedullah, Saleemullah, Khalid Samad, Fazal Hameed Khan Nov 2010

Grown Up Congenital Heart Disease Patient Presenting For Non Cardiac Surgery: Anaesthetic Implications, Mohammad Hamid, Mansoor Ahmed Khan, Mohammad Irfan Akhtar, Hameedullah, Saleemullah, Khalid Samad, Fazal Hameed Khan

Department of Anaesthesia

Congenital heart disease patients surviving to adulthood have increased over the years due to various reasons. These patients are admitted in the hospital for non cardiac surgeries and other procedures more often than normal adult population. Management of grown up congenital heart disease patient presents a challenge during perioperative period for cardiologists, surgeons, intensivists and particularly for the anaesthetist. Management issues include psychological and physiological impact on the patient, complexity of defects, presence of previous palliative procedure, impact of anaesthetic agents on shunting and myocardium, endocarditis prophylaxis and associated extra cardiac anamolies.


Not Wythe Standing: The News (Vol. 2, Issue 2) Nov 2010

Not Wythe Standing: The News (Vol. 2, Issue 2)

Student Newspaper (Amicus, Advocate...)

No abstract provided.


The Impact Of Counsel: An Analysis Of Empirical Evidence, Rebecca L. Sandefur Nov 2010

The Impact Of Counsel: An Analysis Of Empirical Evidence, Rebecca L. Sandefur

Seattle Journal for Social Justice

No abstract provided.


Economic And Other Benefits Associated With The Provision Of Civil Legal Aid, Laura K. Abel, Susan Vignola Nov 2010

Economic And Other Benefits Associated With The Provision Of Civil Legal Aid, Laura K. Abel, Susan Vignola

Seattle Journal for Social Justice

No abstract provided.


Advancing The "Right" To Cousel In Removal Proceedings, Matt Adams Nov 2010

Advancing The "Right" To Cousel In Removal Proceedings, Matt Adams

Seattle Journal for Social Justice

No abstract provided.


Sinking Nations And Climate Change Adaptation Strategies, Ryan Jarvis Nov 2010

Sinking Nations And Climate Change Adaptation Strategies, Ryan Jarvis

Seattle Journal for Social Justice

No abstract provided.


Obstructive Sleep Apnea And Ocular Disorders., Deepak P. Grover Nov 2010

Obstructive Sleep Apnea And Ocular Disorders., Deepak P. Grover

Wills Eye Hospital Papers

PURPOSE OF REVIEW: Obstructive sleep apnea is a diagnosis that ophthalmologists can screen for when a patient presents with certain risk factors. Recent literature provides strong data for associations between sleep apnea and ocular disorders.

RECENT FINDINGS: A potentially serious disorder, sleep apnea can lead to many systemic and ocular complications. Recent findings provide data on the prevalence of sleep apnea with various disorders. Adequate treatment of sleep apnea has also shown to reverse both systemic and eye-related complications.

SUMMARY: Early diagnosis and management of sleep apnea is critical for reducing the risk of devastating systemic complications and preserving ocular …


Illinois' New Legal Ethics Rules: A Disappointing Travail, A Lesson For All, And Their Impact On The Practice Of Business And Commercial Law, Steven H. Resnicoff Nov 2010

Illinois' New Legal Ethics Rules: A Disappointing Travail, A Lesson For All, And Their Impact On The Practice Of Business And Commercial Law, Steven H. Resnicoff

DePaul Business & Commercial Law Journal

No abstract provided.


Locked Up: Criminal And Immigration Incarceration In America, Raha Jorjani Nov 2010

Locked Up: Criminal And Immigration Incarceration In America, Raha Jorjani

DePaul Journal for Social Justice

No abstract provided.


"Moving The Box" By Executive Order In Illinois, Michael Sweig, Melissa Mcclure Nov 2010

"Moving The Box" By Executive Order In Illinois, Michael Sweig, Melissa Mcclure

DePaul Journal for Social Justice

No abstract provided.