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2013

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Articles 31381 - 31410 of 31433

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A Win For Transgender Employees: Chevron Deference For The Eeoc’S Decision In Macy V. Holder, Laura Anne Taylor Jan 2013

A Win For Transgender Employees: Chevron Deference For The Eeoc’S Decision In Macy V. Holder, Laura Anne Taylor

Utah Law Review

This Note argues that the federal courts should either give full deference to the EEOC’s recent decision under the deference principles laid out in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. or should adopt the EEOC’s interpretation as persuasive under Skidmore v. Swift & Co.

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Utah And Juvenile Incompetency, Dannon Lee Jan 2013

Utah And Juvenile Incompetency, Dannon Lee

Utah Law Review

This Note discusses the recent Utah law and the issues it creates, focusing on where to place minors during the attainment period and what should be done if the minor is not able to achieve competency. This Note examines whether committing the minor during attainment accords with due process as well as the real possibility that detention will be used as a placement during the attainment period. Next, it looks to what other states have done when a minor cannot achieve competency and how Utah handles similar situations with adults. Finally, this Note addresses some possible areas of improvement that …

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Full Issue, Socio-Legal Review Jan 2013

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

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Full Issue, Socio-Legal Review Jan 2013

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

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Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon Jan 2013

Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon

Faculty Scholarship

The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily …

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Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann Jan 2013

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

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Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel Jan 2013

Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel

Faculty Scholarship

Over the last 35 years approximately forty truth commissions have investigated human rights violations and abuses in a wide range of countries and communities. Each of these forty commissions provides different lessons on how investigating and testifying about past abuse can lead to healing and change. I have participated in two of the more remarkable Truth and Reconciliation processes, the first as an observer, the other as an advisor. The former is perhaps the most widely known and discussed TRC process, the one which took place in South Africa from 1996 to 1998 that examined the entire apartheid era in …

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Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter Jan 2013

Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter

Faculty Scholarship

Between 1984 and his death in 1998, German sociologist Niklas Luhmann developed a comprehensive theory of what he called autopoietic or self-referential systems.He worked out this approach both at the level of a social system as a whole and at the level of various social subsystems, such as state, economy, science, religion, education, art, family, and — the concern of the present article — law. My particular topics in this critical introduction to Luhmann’s theory are (a) its relation to more standard legal theory, (b) foundational or self-referential problems in law, and (c) the problem of law’s relation to other …

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Investigating The Effects Of Corporate Governance Of Banks In Nigeria: A Grounded Theory Approach, Umar Abbas Ibrahim Jan 2013

Investigating The Effects Of Corporate Governance Of Banks In Nigeria: A Grounded Theory Approach, Umar Abbas Ibrahim

Plymouth Business School Theses

This thesis investigates the phenomena that underlie corporate governance practices in the Nigerian banking sector (NBS); the purpose is to understand the nature of corporate governance and the factors influencing it. It offers a response to a number of concerns raised about the effectiveness of banks’ corporate governance practices, especially before the consolidation reform and during the 2007-2009 global financial crisis. Culture and leadership are identified as providing the most suitable theoretical framework for this study, and through grounded theory (GT), an empirical study is undertaken to identify the nature of corporate governance practices in banks, the factors that influence …

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"The Duchy Of Cornwall - A Feudal Remnant? An Examination Of The Origin, Evolution And Present Status Of The Duchy Of Cornwall", John Kirkhope Jan 2013

"The Duchy Of Cornwall - A Feudal Remnant? An Examination Of The Origin, Evolution And Present Status Of The Duchy Of Cornwall", John Kirkhope

Plymouth Business School Theses

John Kirkhope “The Duchy of Cornwall – A Feudal Remnant?” “An examination of the origin, evolution and present status of the Duchy of Cornwall” ABSTRACT This thesis conducts a legal analysis of the Duchy of Cornwall and how its perceived status has changed over the centuries. The roots of the Duchy date back nearly a thousand years therefore an understanding of the roots of the Duchy and its evolution, focussing on the significant legal issues, over time is necessary to comprehend its present position. The thesis concludes by exploring issues surrounding the contemporary legal status of the Duchy and identifies …

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Container Shipping Risk Management: A Case Study Of Taiwan Container Shipping Industry, Chia-Hsun Chang Jan 2013

Container Shipping Risk Management: A Case Study Of Taiwan Container Shipping Industry, Chia-Hsun Chang

Plymouth Business School Theses

Whilst container shipping has become increasingly important over the past few decades due to its obvious advantages, container shipping companies have faced various risks from different sources in their operations. Systematic academic studies on this topic are few; and in light of this, this study aims to systematically explore and analyse the risks in container shipping operations and to examine the applicable risk mitigation strategies in a logistics perspective, including information flow, physical flow, and payment flow. This thesis uses Taiwan container shipping industry as a case study, and borrows four steps of risk management as the main method, which …

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Plymouth Families Project Evaluation 2012, Z James Jan 2013

Plymouth Families Project Evaluation 2012, Z James

School of Law, Humanities and Social Sciences

No abstract provided.

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The Arab-Israeli Conflict And International Law, Susan M. Akram, S. Michael Lynk Jan 2013

The Arab-Israeli Conflict And International Law, Susan M. Akram, S. Michael Lynk

Faculty Scholarship

The Arab-Israeli conflict has become the most prominent arena of regional and international tension over the past century. Within the realm of international law, the conflict has contributed greatly to the development of international rule-making. The laws of war, the scope of international humanitarian and human rights law, the rights of refugees, the centrality of self-determination, the laws on terrorism and the content of modern treaty-making -- all have been significantly shaped by the norms established through the copious resolutions, diplomatic statements and legal commentary on the many features of the conflict. Yet, at the same time, the efficacy of …

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Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray Jan 2013

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle K. Citron, David Gray

Faculty Scholarship

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

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With Liberty And Access For Some: The Aca's Disconnectfor Women's Health, Nicole Huberfeld Jan 2013

With Liberty And Access For Some: The Aca's Disconnectfor Women's Health, Nicole Huberfeld

Faculty Scholarship

The ACA denies to women the "basic security" of providing insurance for a procedure that statistics show one in three women will need during their reproductive lifetime. On one hand, the access-enhancing elements of the ACA are likely to help women, who earn lower wages, need more medical care, and live longer than men, to gain access to preventive and regular healthcare and to keep the insurance that they have. On the other hand, poor women and women of color will lose ground in access to abortion, because the ACA prevents insurance payment for abortions through both public and private …

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Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld Jan 2013

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Faculty Scholarship

The anticipated growth of Medicaid under the ACA will likely aggravate an ongoing dispute surrounding private enforcement of the Medicaid Act. The Medicaid Act does not provide a private right of action except when a person who is eligible for Medicaid is denied entry into the program. Nevertheless, historically, both Medicaid providers and beneficiaries have been able to protect their rights through 42 U.S.C. § 1983, which allows individuals to seek redress against states in federal court for violations of statutory or constitutional rights, or through the Supremacy Clause, which prevents states from enacting laws that violate superseding federal laws. …

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Free-Living Amoebae In Sediments From The Lascaux Cave In France, Angela M. Garcia-Sanchez, Concepcion Ariza, Jose M. Ubeda, Pedro M. Martin-Sanchez, Valme Jurado, Fabiola Bastian, Claude Alabouvette, Cesareo Saiz Jimenez Jan 2013

Free-Living Amoebae In Sediments From The Lascaux Cave In France, Angela M. Garcia-Sanchez, Concepcion Ariza, Jose M. Ubeda, Pedro M. Martin-Sanchez, Valme Jurado, Fabiola Bastian, Claude Alabouvette, Cesareo Saiz Jimenez

International Journal of Speleology

The Lascaux Cave in France is an old karstic channel where the running waters are collected in a pool and pumped to the exterior. It is well-known that water bodies in the vicinity of humans are suspected to be reservoirs of amoebae and associated bacteria. In fact, the free-living amoebae Acanthamoeba astronyxis, Acanthamoeba castellanii, Acanthamoeba sp. and Hartmannella vermiformis were identified in the sediments of the cave using phylogenetic analyses and morphological traits. Lascaux Cave sediments and rock walls are wet due to a relative humidity near saturation and water condensation, and this environment and the presence of abundant bacterial …

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Cure From The Cave: Volcanic Cave Actinomycetes And Their Potential In Drug Discovery, Naowarat (Ann) Cheeptham Dr., Tara Sadoway, Devon Rule, Kent Watson, Paul Moote, Laiel C. Soliman, Nicholas Azad, Kingsley Donkor, Derrick Horne Jan 2013

Cure From The Cave: Volcanic Cave Actinomycetes And Their Potential In Drug Discovery, Naowarat (Ann) Cheeptham Dr., Tara Sadoway, Devon Rule, Kent Watson, Paul Moote, Laiel C. Soliman, Nicholas Azad, Kingsley Donkor, Derrick Horne

International Journal of Speleology

Volcanic caves have been little studied for their potential as sources of novel microbial species and bioactive compounds with new scaffolds. We present the first study of volcanic cave microbiology from Canada and suggest that this habitat has great potential for the isolation of novel bioactive substances. Sample locations were plot ted on a contour map that was compiled in ArcView 3.2. Over 400 bacterial isolates were obtained from the Helmcken Falls cave in Wells Gray Provincial Park, British Columbia. From our preliminary screen, of 400 isolates tested, 1% showed activity against extended spectrum ß-lactamase E. coli, 1.75% against Escherichia …

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The Use Of Passive Seismological Imaging In Speleogenetic Studies; An Example From Kanaan Cave, Lebanon, Carole Nehme, Christophe Voisin, Armand Mariscal, Pierre-Charles Gérard, Cécile Cornou, Badr Jabbour-Gédéon, Samer Amhaz, Nancy Salloum, Nada Badaro-Saliba, Jocelyne Adjizian-Gérard, Jean-Jacques Delannoy Jan 2013

The Use Of Passive Seismological Imaging In Speleogenetic Studies; An Example From Kanaan Cave, Lebanon, Carole Nehme, Christophe Voisin, Armand Mariscal, Pierre-Charles Gérard, Cécile Cornou, Badr Jabbour-Gédéon, Samer Amhaz, Nancy Salloum, Nada Badaro-Saliba, Jocelyne Adjizian-Gérard, Jean-Jacques Delannoy

International Journal of Speleology

Among many parameters that control the evolution of caves stands the volume of unconsolidated clay sediments generally produced by the alteration of the calcareous rocks. Here we introduce the use of a passive seismological imaging technique to investigate the clay deposits and estimate its total volume in a cave. Applied for the first time for speleogenesis studies, the HVSR (Horizontal / Vertical Spectral Ration) is a geophysical technique that can help better interpret cave geomorphology. We apply seismological spectral techniques (H/V ratio) on ambient noise vibrations to derive the clay volume, as well as its shape. This technique applied on …

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Full Issue 42(2) Jan 2013

Full Issue 42(2)

International Journal of Speleology

All articles in Volume 42 Issue 2. Does not include cover image.

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Young Again, Larry Yackle Jan 2013

Young Again, Larry Yackle

Faculty Scholarship

This essay revisits an old problem in the law of federal courts: the source of the right of action in Ex parte Young. The core of the story underlying Young is familiar. Shareholders in railroad corporations filed suit in a federal circuit court, claiming that state established rail rates in Minnesota violated the Fourteenth Amendment and the (dormant) Commerce Clause. The circuit court issued a preliminary injunction barring adoption of the rates and prohibiting the defendants from attempting to enforce them. One of the defendants, Minnesota Attorney General Edward T. Young, nonetheless brought a state court mandamus action against the …

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Guidance From Vaccination Jurisprudence, Michael Ulrich Jan 2013

Guidance From Vaccination Jurisprudence, Michael Ulrich

Faculty Scholarship

The lengthy history of case law covering compulsory vaccination policies state consistently that conscientious exemptions and evaluating their validity can be difficult, administratively cumbersome, and potentially unconstitutional.

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The Concept Of "Harm" In Copyright, Wendy J. Gordon Jan 2013

The Concept Of "Harm" In Copyright, Wendy J. Gordon

Faculty Scholarship

This essay examines the tort of copyright infringement. It argues that the ideas of "harm" and "fault" already play a role in the tort’s functioning, and that an ideally reformulated version of the tort should perhaps give a more significant role to “harm.” The essay therefore examines what “harm” can or should mean, reviewing four candidates for cognizable harm in copyright law (rivalry-based losses, foregone fees, loss of exclusivity, and subjective distress) and canvassing three philosophical conceptions of "harm" (counterfactual, historical-worsening, and noncomparative). The essay identifies the appropriateness vel non of employing, in the copyright context, each harm-candidate and each …

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Ip Injury And The Institutions Of Patent Law, Paul Gugliuzza Jan 2013

Ip Injury And The Institutions Of Patent Law, Paul Gugliuzza

Faculty Scholarship

This paper reviews Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, the pathbreaking book by Christina Bohannan and Herbert Hovenkamp (Oxford Univ. Press 2012). The Review begins by summarizing the book’s descriptive insights and analyzing one of its important normative proposals: the adoption of an IP injury requirement. This requirement would demand that infringement plaintiffs prove -- before obtaining damages or an injunction -- an injury to the incentive to innovate. After explaining how this requirement is easy to justify under governing law and is largely consistent with recent Supreme Court decisions in the field of patent law, the …

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The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien Jan 2013

The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien

Faculty Scholarship

Kentucky has managed to effect major changes to some of its pension plans in the face of poor funding ratios that threatened to swamp other budget priorities. At this point it is unclear whether the reforms are deep enough to bring the plans funding levels in line with those of “healthy” states like Wisconsin. It is also unclear whether there is the political will in other jurisdictions to curb costs by moving to defined contribution or hybrid cash balance vehicles. Transparency combined with a fear that pension obligations would soon swamp all other state budget priorities appears to have been …

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Maryland V. King: Terry V. Ohio Redux, Tracey Maclin Jan 2013

Maryland V. King: Terry V. Ohio Redux, Tracey Maclin

Faculty Scholarship

In Maryland v. King, the Supreme Court addressed whether forensic testing of DNA samples taken from persons arrested for violent felonies violated the Fourth Amendment. The purpose behind DNA testing laws is obvious: collecting and analyzing DNA samples advances the capacity of law enforcement to solve both "cold cases" and future crimes when the government has evidence of the perpetrator's DNA from the crime scene.

In a 5-4 decision, the Court, in an opinion by Justice Kennedy, upheld Maryland's DNA testing statute, and presumably the similar laws of twenty-seven other states and the federal government.

Although Justice Kennedy's opinion suggests …

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Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain Jan 2013

Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain

Faculty Scholarship

This Article traces the evolution of federal family law and policy from 1992-2012 and beyond by considering the legacy of Clintonism, the “Third Way” political philosophy developed by William Jefferson Clinton and the Democratic Leadership Council. Present day economic inequality is spurring reflection on the role of government and on the meaning and form of progressive politics. Clintonism’s centrist, progressive approach linked governmental provision of opportunity to personal responsibility (“working hard and playing by the rules”) and appealed to values of family, community, faith, liberty, and inclusion. By linking family values to family policies, Clintonism’s New Covenant successfully challenged the …

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Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner Jan 2013

Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner

Faculty Scholarship

Arguments over the constitutionality of the Affordable Care Act illustrate the pervasiveness of health law issues in society. In court, arguments on both sides also demonstrated insufficient knowledge of the health care system and health insurance to identify and present useful arguments. Too many lawyers remained wedded to theories of constitutional law that have become disconnected from twenty-first century realities. Legal education may have something to answer for in this respect. This essay examines how legal education in health law may offer some valuable responses to ongoing critiques of legal education in general. The more law moves away from strict …

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Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn Jan 2013

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review Online

No abstract provided.

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Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon Jan 2013

Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon

Seattle University Law Review Online

No abstract provided.

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