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Articles 99961 - 99990 of 103589
Full-Text Articles in Entire DC Network
Optimizing Private Antitrust Enforcement, Daniel A. Crane
Optimizing Private Antitrust Enforcement, Daniel A. Crane
Articles
Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing private enforcement models. Private enforcement is usually justified on either compensation or deterrence grounds. While the choice between these two goals matters, private litigation is not very effective at advancing either one. Compensation fails because the true economic victims of most antitrust violations are usually downstream consumers who are too numerous and remote to locate and compensate. Deterrence is ineffective because the time lag between the planning of the violation and the legal judgment day is usually so long …
The Functions Of Ethical Originalism, Richard A. Primus
The Functions Of Ethical Originalism, Richard A. Primus
Articles
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a way of mapping what we might suspect are the Justices’ leanings about the merits of cases irrespective of originalist considerations. The same is true for law professors and other participants in constitutional discourse: people’s views of original constitutional meaning tend to align well with their (nonoriginalist) preferences for how present constitutional controversies should be resolved. To be sure, there are exceptions. Some people are better than others at suspending presentist considerations when examining historical materials, and some people are better than others at recognizing when …
Alliant Techsystems V. Salt Lake County Board Of Equalization, Utah State Tax Commission And Granite School District : Reply Brief, Utah Supreme Court
Alliant Techsystems V. Salt Lake County Board Of Equalization, Utah State Tax Commission And Granite School District : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM THE FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT, STATE OF UTAH THE HONORABLE JON M. MEMMOTT, TAX COURT JUDGE
Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, And Granite School District : Brief Of Appellant, Utah Supreme Court
Alliant Techsystems, Inc. V. Salt Lake County Board Of Equalization, Utah State Tax Commission, And Granite School District : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM THE FINAL ORDER OF THE THIRD JUDICIAL DISTRICT COURT, STATE OF UTAH THE HONORABLE JON M. MEMMOTT, TAX COURT JUDGE
Thomas Warne, Individually And As Trustee Of The Avis P. Warne Family Protection Trust And The Ira B. Warne V. Jeffrey Warne, Individually And As Trustee Of The Avis P. Warne Family Protection Trust And The Ira B. Warne Family Protection Trust : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Third Judicial District Court, Salt Lake County, Utah The Honorable Paul G. Maughan, District Court Judge
State Of Utah V. Jesus A. Jimenez : Reply Brief, Utah Supreme Court
State Of Utah V. Jesus A. Jimenez : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS
Workers Compensation Fund And Iverson Steel And Erection Company V. Wadman Corporation And Argonaut Insurance Company : Reply Brief Of Appellant, Utah Supreme Court
Workers Compensation Fund And Iverson Steel And Erection Company V. Wadman Corporation And Argonaut Insurance Company : Reply Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Supreme Court No. 20100211-SC Trial Court No. 020903830
Thomas Warne V. Jeffrey Warne : Brief Of Appellant, Utah Supreme Court
Thomas Warne V. Jeffrey Warne : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Third Judicial District Court, Sail Lake County, Utah The Honorable Paul G. Maughan, Disliiet Court Judge
The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringer Ingelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Inc.; Novartis Pharmaceuticals Corporation; Pfizer, Inc.; Qualitest Pharmaceuticals, Inc.; Schering-Plough Corporation; Schwarz Pharma Usa Holdings, Inc; Taro Pharmaceuticals Usa, Inc.; Upsher-Smith, Inc.; And Wyeth, Inc. : Brief Of Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
No abstract provided.
The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringeringelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc.; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Inc.; Novartis Pharmaceuticals Corporation; Otsuka America, Inc.; Pfizer, Inc.; Qualitest Pharmaceuticals, Inc.; Schering-Plough Corporation; Schwarz Pharma Usa Holdings, Inc; Taro Pharmaceuticals Usa, Inc.; Upsher-Smith, Inc.; And Wyeth, Inc., : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
No abstract provided.
The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringeringelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc.; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Pnc; Novartis Pharmaceuticals Corporation; Otsuka America, Inc.; Pfizer, Pnc; Qualitest Pharmaceuticals, Pnc; Schering-Plough Corporation; Schwarz Pharma Usa Holdpngs, Pnc; Taro Pharmaceuticals Usa, Pnc; Upsher-Smith, Pnc; And Wyeth, Inc. : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
ADDENDUM TO REPLY BRIEF OE APPELLANT
State Of Utah V. Tina Harding : Brief Of Respondent, Utah Supreme Court
State Of Utah V. Tina Harding : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On a Writ of Certiorari to the Utah Court of Appeals
Bear Hollow Restoration V. Public Service Commission Of Utah; Leon H. Saunders; Landmark Plaza Associated; Parley's Creek, Ltd; Parley's Lane, Ltd' Parley's Park, Ltd; Sutart A Knowles; Trilory Limited, L. P.; Trilogy Asset Management, Inc.; Land And Water Resources, Inc,; Lawrence R. Knowles And Trilogy Limited L. P. Dba Sk Resources; Sumit Water Distribution Company : Brief Of Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Petition for Review of Order from the Public Service Commission of Utah
Becky Sue Myers V. Tracy Lynn Myers : Brief Of Respondent, Utah Supreme Court
Becky Sue Myers V. Tracy Lynn Myers : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
FROM THE UTAH COURT OF APPEALS' APRIL 1, 2010 THE FINAL ORDER OF THE UTAH FOURTH JUDICIAL AND FOR UTAH COUNTY, THE HONORABLE SAMUEL RULING REVERSING DISTRICT COURT, IN MCVEY PRESIDING
Becky Sue Myers V. Tracy Lynn Myers : Brief Of Appellant, Utah Supreme Court
Becky Sue Myers V. Tracy Lynn Myers : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPEAL FROM OPINION OF THE UTAH COURT OF APPEALS
Bear Hollow Restoration, Llc V. Public Service Commission Of Utah Et Al. : Unknown, Utah Supreme Court
Bear Hollow Restoration, Llc V. Public Service Commission Of Utah Et Al. : Unknown, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Petition for Review of Order from the Public Service Commission of Utah
Westgate Resorts V. Shaun S. Adel : Brief Of Appellant, Utah Supreme Court
Westgate Resorts V. Shaun S. Adel : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
OPENING BRIEF OF APPELLANT ORAL ARGUMENT REQUESTED
Gayle M. Burns And I.M.B. V. Michael Astrue : Brief Of Appellant, Utah Supreme Court
Gayle M. Burns And I.M.B. V. Michael Astrue : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
CERTIFIED QUESTION FROM THE UNITED STATES FEDERAL DISTRICT COURT, DISTRICT OF UTAH, JUDGE DALE A. KIMBALL PRESIDING
Jones And Trevor Marketing, Inc. V. Jonathan L. Lowry, Nathan Kinsella, Financial Development Services, Inc., Jeremy Warburton, John Neubaruer, And Esbex.Com, Inc. : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the Utah Court of Appeals
Department Of Transportation V. James Ivers, Katherine G Havas And P And Food Services: Reply Brief, Utah Supreme Court
Department Of Transportation V. James Ivers, Katherine G Havas And P And Food Services: Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
APPELLANTS' REPLY BRIEF
Department Of Transportation V. James Ivers, Katherine G Havas And P And F Food Services: Brief Of Appellant, Utah Supreme Court
Department Of Transportation V. James Ivers, Katherine G Havas And P And F Food Services: Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
BRIEF OF APPELLANTS
Nathan Nolan Jardine V. Office Of Professional Conduct : Reply Brief, Utah Supreme Court
Nathan Nolan Jardine V. Office Of Professional Conduct : Reply Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the decision of the Honorable Denise Lindberg, Third Judicial District Court, Salt Lake County.
Improved Methods For Deterring Cliff Swallow Nesting On Highway Structures, Michael Delwiche, Robert W. Coates, W. Paul Gorenzel, Terrell P. Salmon
Improved Methods For Deterring Cliff Swallow Nesting On Highway Structures, Michael Delwiche, Robert W. Coates, W. Paul Gorenzel, Terrell P. Salmon
Human–Wildlife Interactions
Cliff swallows (Petrochelidon pyrrhonota) are migratory birds that frequently nest on highway structures, such as bridges. Because cliff swallows are protected by the Migratory Bird Treaty Act of 1918, nesting control methods must not harm cliff swallows or disturb active nests. This can cause delays for maintenance divisions of state departments of transportation, resulting in additional cost. In a multiyear project, we evaluated the effects of bioacoustic deterrents and bridge surface modifications on nesting behavior of cliff swallows. We used cliff swallow alarm and distress calls as bioacoustic deterrents (hereafter, broadcast calls [BC]) because they previously had been …
The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz
The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz
Articles
Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the positive, doctrinal history of charitable immunity law. In this essay, in three parts, I critique Professor Epstein’s suggestion that a faulty set of interpretations in charitable immunity law led to our current reliance on tort for malpractice claims. First, I offer an alternative interpretation to Professor Epstein’s claim that one group of 19th and early 20th century cases demonstrates a misguided effort to protect donor wishes. Rather, I …
The Courts Must Stay Open: Continuity Of Operations Plans For The Courts, Nanci Tullis
The Courts Must Stay Open: Continuity Of Operations Plans For The Courts, Nanci Tullis
Research Papers
No abstract provided.
Becoming A Law Professor: A Candidate's Guide, Brannon P. Denning, Marcia L. Mccormick, Jeffrey M. Lipshaw
Becoming A Law Professor: A Candidate's Guide, Brannon P. Denning, Marcia L. Mccormick, Jeffrey M. Lipshaw
Suffolk University Law School Faculty Works
This is the Table of Contents and the Introduction to a forthcoming book from the American Bar Association. The authors provide detailed advice and resources for aspiring law professors, including a description of the categories of law faculty (and what they do), possible paths to careers in the legal academy, and "how to" guides for filling out the AALS's Faculty Appointments Register, interviewing at the Faculty Recruitment Conference (the "meat market"), issues for non-traditional candidates, dealing with callbacks and job offers, and getting ready for the first semester on the job.
Extending K-8 Mathematics Concepts In Alternate Bases, Dianna J. Spence
Extending K-8 Mathematics Concepts In Alternate Bases, Dianna J. Spence
Proceedings of the Annual Meeting of the Georgia Association of Mathematics Teacher Educators
When learning to represent mathematics with manipulatives, many pre-service K-8 teachers rely on memorized rote procedures to perform the associated mathematical tasks; then they arrange the manipulatives to match their result, often with minimal understanding of underlying mathematical connections. In a Number and Operations course for K-8 pre-service teachers, a portion of the class was conducted in alternate bases: Base 6 and Base 8 Blocks were used to model operations with integers to facilitate deeper understanding of the number systems and arithmetic processes being represented. Fractions and decimals were later covered only in Base 10. On midterm and final exams, …
In Memoriam: David P. Leonard, Richard D. Friedman
In Memoriam: David P. Leonard, Richard D. Friedman
Articles
In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.
Taxing Inheritances, Taxing Estates, James R. Hines Jr.
Taxing Inheritances, Taxing Estates, James R. Hines Jr.
Articles
This Article considers two aspects of converting the U.S. transfer tax system to one in which burdens are imposed on the basis of receipt rather than gift. The first aspect is the economic impact of distinguishing transfer tax liabilities by numbers of children in a family in addition to the total amount of transferred wealth. The second aspect is the nature of the event that triggers tax liability. Taxing on the basis of receipt raises complicated issues about generation-skipping transfers, transfers to trusts, and transfers that involve foreign as well as domestic parties, all of which are potentially influenced by …
The Invention Of Common Law Play Right, Jessica D. Litman
The Invention Of Common Law Play Right, Jessica D. Litman
Articles
This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …