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2010

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The Founders, Executive Power, And Military Intervention, Christopher A. Preble Jan 2010

The Founders, Executive Power, And Military Intervention, Christopher A. Preble

Pace Law Review

No abstract provided.


Lights And Shadows - 2010, University Of North Alabama Jan 2010

Lights And Shadows - 2010, University Of North Alabama

Lights and Shadows

Art and Literature Magazine


Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock Jan 2010

Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock

NYLS Law Review

No abstract provided.


Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Tayloe Jan 2010

Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Tayloe

NYLS Law Review

No abstract provided.


A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld Jan 2010

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.


Nieves V. Home Box Office, Inc., Andrew Nieh Jan 2010

Nieves V. Home Box Office, Inc., Andrew Nieh

NYLS Law Review

No abstract provided.


Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald Jan 2010

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.


The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody Jan 2010

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.


Digital + Library: Mass Book Digitization As Collective Inquiry, Mary Murrell Jan 2010

Digital + Library: Mass Book Digitization As Collective Inquiry, Mary Murrell

NYLS Law Review

No abstract provided.


Rules, Standards And Geeks, Derek E. Bambauer Jan 2010

Rules, Standards And Geeks, Derek E. Bambauer

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed Jan 2010

The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed

UC Law Business Journal

This paper analyzes federal law on the issue of whether consumers of mortgage products can sue as a class to rescind a mortgage loan under the Truth in Lending Act. Embedded in this question are deeper economic issues about the cost and availability of credit in the United States, and about who should bear the risk of faulty mortgage disclosures. The Truth in Lending Act governs these matters as an existing statutory scheme that provides pre-bankruptcy and pre-default remedies to consumers of credit.


The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee Jan 2010

The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee

UC Law Business Journal

Recent contemporary sovereign wealth funds developments, viewed against the historical backdrop of international law and practice, particularly foreign investment law and practice, underscore the inter-action between economics, law and politics. This article first introduces the issues that have emerged as a result of sovereign wealth funds contemporary investments and observes how sovereign wealth funds and recipient countries have reacted to these developments. It proposes a model of sovereign wealth fund governance based on consultation, cooperation and coordination. This model draws on the experience of current deliberative fora such as the G20 summits and the International Working Group of Sovereign Wealth …


Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld Jan 2010

Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld

UC Law Business Journal

While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …


Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz Jan 2010

Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz

UC Law Business Journal

"Bundling" and "tying" are terms commonly used to describe business practices engaged in by undertakings at every level of economic power. In nine separate instances the Court of First Instance in its Microsoft Decision held that the Commission had established Microsoft Corporation's practice of "abusive bundling"(the first time a Community Court had used the term). The CFI also upheld the Commission's findings by indiscriminately referring to them as either "tying" or "bundling" and justifying the result because it "can be deduced both from the very concept of bundling and from the case-law...". Shortly after the Commission issued its Guidance on …


Beckett's "Happy Days": Rewinding And Revolving Histories, Katherine Weiss Jan 2010

Beckett's "Happy Days": Rewinding And Revolving Histories, Katherine Weiss

ETSU Faculty Works

Excerpt: Beckett is keenly interested in ways individuals unsuccesfully atempt to disown their past. His explorations into this reflect his awareness of being a survivor of the Second World War.


Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah Jan 2010

Joseph W. Dellapenna And Joyeeta Gupta, Eds., The Evolution Of The Law And Politics Of Water, Meghana Shah

Water Law Review

No abstract provided.


Prosper Team V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals Jan 2010

Prosper Team V. Workforce Appeals Board : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENT


Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody Jan 2010

Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody

Richmond Journal of Global Law & Business

No abstract provided.


Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen Jan 2010

Realizing Ledbetter's Dream With Diy Sensitivity, Jessi Leigh Swensen

UC Law SF Journal on Gender and Justice

While passage of the Lilly Ledbetter Fair Pay Act is a triumph for American women, it highlights that pay disparity between men and women is a persistent problem. According to U.S. Bureau of Labor Statistics reports, women currently earn eighty-one percent of the average weekly wages for men. The restoration of this cause of action could prove an important deterrent to employers, but the relief and remedy is ex post facto rather than prophylactic. This note recounts Lilly Ledbetter's personal journey through the workplace, courts, legislature, and White House. It goes on to expand on systemic factors that perpetuate wage …


Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover Jan 2010

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Journal of Law and the Public Interest

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …


What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Jan 2010

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Journal of Law and the Public Interest

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jan 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …


There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye Jan 2010

There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye

Richmond Journal of Law and the Public Interest

This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …


Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon Jan 2010

Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon

Hofstra Law Review

No abstract provided.


Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West Jordan : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Kilgore Pavement Maintenance, Llc, A Utah Limited Liability Company V. City Of West Jordan : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge Sandra Peuler


Stone Flood And Fire Restoration, Inc., James K. Stone And Patrice Stone V. Safeco Insurance Company Of America : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Stone Flood And Fire Restoration, Inc., James K. Stone And Patrice Stone V. Safeco Insurance Company Of America : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT CASE NO. 070907640 - JUDGE ANTHONY QUINN DECISION DATED FEBRUARY 5, 2010


Carolina Bless V. Luis Aguilera : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Carolina Bless V. Luis Aguilera : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee


Utah V. Jamie Lynn Greenwood : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Utah V. Jamie Lynn Greenwood : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant Appeal from an interlocutory order granting defendant's motion to waive jury trial, entered in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Robert Adkins presiding.


5th Lone Star Regional Native Plant Conference, Jeff Adkins, David Creech, Greg Grant, Josephine Taylor Jan 2010

5th Lone Star Regional Native Plant Conference, Jeff Adkins, David Creech, Greg Grant, Josephine Taylor

Lone Star Regional Native Plant Conference

No abstract provided.


Grassy Meadows Sky Ranch Landowners Association V. Grassy Meadows Airport; Sky Ranch Development; And Michael O. Longley : Reply Brief, Utah Court Of Appeals Jan 2010

Grassy Meadows Sky Ranch Landowners Association V. Grassy Meadows Airport; Sky Ranch Development; And Michael O. Longley : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Final Judgment of the Fifth Judicial District Court in and for Washington County, The Honorable G. Rand Beacham Presiding