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Articles 1951 - 1980 of 4648
Full-Text Articles in Entire DC Network
The Emperor Has No Clothes: Confronting The Dc Circuit’S Usurpation Of Sec Rulemaking Authority, James D. Cox, Benjamin J.C. Baucom
The Emperor Has No Clothes: Confronting The Dc Circuit’S Usurpation Of Sec Rulemaking Authority, James D. Cox, Benjamin J.C. Baucom
Faculty Scholarship
In The Emperor Has No Clothes: Confronting the D.C. Circuit’s Usurpation of SEC Rulemaking Authority, Professor James D. Cox of Duke University School of Law & Benjamin J.C. Baucom, recent law clerk to Justice Don R. Willett of the Supreme Court of Texas, argue “that the level of review invoked by the D.C. Circuit in Business Roundtable and its earlier decisions is dramatically inconsistent with the standard enacted by Congress.” They conclude “that the D.C. Circuit has assumed for itself a role opposed to the one Congress prescribed for courts reviewing SEC rules.”
Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady
Villanova Law Review (1956 - )
The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.
‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula
‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula
Societies Without Borders
This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework …
Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns
Villanova Law Review (1956 - )
The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.
Lawyering As Peacemaking, Angela P. Harris
Lawyering As Peacemaking, Angela P. Harris
Villanova Law Review (1956 - )
A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz
Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Chamber Of Commerce Of The United States V. Whiting: Giving The Green Light To States' Broad Use Of Immigration-Related Employer Sanctions, Bianca B. Garcia
Chamber Of Commerce Of The United States V. Whiting: Giving The Green Light To States' Broad Use Of Immigration-Related Employer Sanctions, Bianca B. Garcia
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Circuit Supreme: How The D.C. Circuit Court Is Using A Presumption Of Regularity In Latif V. Obama To Make New Law And Ensure No Detainees Are Released From Guantanamo Bay, Bonnie Lindemann
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Student Articles and Papers
Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18th century and extend into the early 19th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice
Oklahoma Law Review
No abstract provided.
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Faulkner's Voting Rights Act: The Sound And Fury Of Section Five, Joel Heller
Hofstra Law Review
In its most recent examination of the Voting Rights Act, the Supreme Court told a story about the South. Although the Court ultimately did not rule on the continued constitutionality of § 5, the VRA provision that singles out certain jurisdictions with a history of racially discriminatory voting practices for additional regulation, its opinion expressed significant doubt that the measure was still justified. In this tale of progress and redemption, the Court concluded that “things have changed in the South.”
One body of commentary that was not considered in this story was the region’s literature. Yet many of these works, …
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
Articles
US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …
Eae/Ase Recommendations For Image Acquisition And Display Using Three-Dimensional Echocardiography., Roberto M. Lang, Luigi P. Badano, Wendy Tsang, David H. Adams, Eustachio Agricola, Thomas Buck, Francesco F. Faletra, Andreas Franke, Judy Hung, Leopoldo Pérez De Isla, Otto Kamp, Jaroslaw D. Kasprzak, Patrizio Lancellotti, Thomas H. Marwick, Marti L. Mcculloch, Mark J. Monaghan, Petros Nihoyannopoulos, Natesa G. Pandian, Patricia A. Pellikka, Mauro Pepi, David A. Roberson, Stanton K. Shernan, Girish S. Shirali, Lissa Sugeng, Folkert J. Ten Cate, Mani A. Vannan, Jose Luis Zamorano, William A. Zoghbi, American Society Of Echocardiography, European Association Of Echocardiography
Eae/Ase Recommendations For Image Acquisition And Display Using Three-Dimensional Echocardiography., Roberto M. Lang, Luigi P. Badano, Wendy Tsang, David H. Adams, Eustachio Agricola, Thomas Buck, Francesco F. Faletra, Andreas Franke, Judy Hung, Leopoldo Pérez De Isla, Otto Kamp, Jaroslaw D. Kasprzak, Patrizio Lancellotti, Thomas H. Marwick, Marti L. Mcculloch, Mark J. Monaghan, Petros Nihoyannopoulos, Natesa G. Pandian, Patricia A. Pellikka, Mauro Pepi, David A. Roberson, Stanton K. Shernan, Girish S. Shirali, Lissa Sugeng, Folkert J. Ten Cate, Mani A. Vannan, Jose Luis Zamorano, William A. Zoghbi, American Society Of Echocardiography, European Association Of Echocardiography
Manuscripts, Articles, Book Chapters and Other Papers
No abstract provided.
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
Buffalo Cooperative Federal Credit Union 2012 Capital Survey, United States: Department Of The Treasury
Buffalo Cooperative Federal Credit Union 2012 Capital Survey, United States: Department Of The Treasury
Documents
No abstract provided.
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Journal Articles
The constitutional structure of a federal system of government can undermine effective natural capital management across scales, from local to global. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain types of natural capital appropriation — such as resources appropriated by private forest management or other land-use-related economic development activities — entrench a legally defensible natural capital commons in those jurisdictions. For example, the same constitution that may legally facilitate poor forest-management practices by private landowners in the southeastern United States may complicate international negotiations related to forest management and climate change. Both the local and international …
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson
Journal Articles
No abstract provided.
Rating The Raters: Restoring Confidence And Accountability In Credit Rating Agencies, Ryan Voorhees
Rating The Raters: Restoring Confidence And Accountability In Credit Rating Agencies, Ryan Voorhees
Case Western Reserve Journal of International Law
No abstract provided.
More Than Words: Rethinking The Role Of Modern Demonstrative Evidence, David S. Santee
More Than Words: Rethinking The Role Of Modern Demonstrative Evidence, David S. Santee
Santa Clara Law Review
No abstract provided.
Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis
Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis
Jeffrey S. Moorad Sports Law Journal (1994 - )
The article discusses Major League Baseball's (MLB) takeover of the Los Angeles Dodgers baseball team from owner Frank McCourt following his divorce from his wife Jamie, as well as MLB's alleged unjust antitrust exemption as of September 2012. The author argues that McCourt could have challenged the anti-competitive takeover practices of MLB and its commissioner Bud Selig since McCourt's attempt to broker a television deal with Fox Sports did not break any of MLB's rules.
A Study Of The Management Of Opioid Prescriptions Among Patients With A History Of Substance Abuse, Kara G. Veeder
A Study Of The Management Of Opioid Prescriptions Among Patients With A History Of Substance Abuse, Kara G. Veeder
MUSC Theses and Dissertations
Prescription opioid abuse is the fastest-growing drug problem in the United States and has been declared an epidemic by the U.S. White House Office of National Drug Control Policy. Immediate release (IR) opioids, especially hydrocodone and oxycodone, are abused or misused most commonly. Dentists are only second to family physicians in the number of IR opioid prescriptions written. Just under ten percent of the population in the United States in 2010 were classified with substance dependence or abuse in 2009. This study poses the following questions: 1. Do patients with a personal or family history of substance abuse manage prescription …
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
West Virginia Law Review
No abstract provided.
Shareholder Litigation After The Meltdown, Daniel J. Morrissey
Shareholder Litigation After The Meltdown, Daniel J. Morrissey
West Virginia Law Review
No abstract provided.
A Systematic Review Of Physical Activity Interventions In Hispanic Adults, Melinda J. Ickes, Manoj Sharma
A Systematic Review Of Physical Activity Interventions In Hispanic Adults, Melinda J. Ickes, Manoj Sharma
Kinesiology and Health Promotion Faculty Publications
Healthy People 2020 aims to achieve health equity, eliminate disparities, and improve the health of all groups. Regular physical activity (PA) improves overall health and fitness and has the capability to reduce risk for chronic diseases. Identifying barriers which relate to the Hispanic population is important when designing PA interventions. Therefore, the purpose was to review existing PA interventions targeting Hispanic adults published between 1988 and 2011. This paper was limited to interventions which included more than 35% Hispanic adults (n = 20). Most of the interventions were community based (n = 16), although clinical, family-based, and faith-based …
Detroit Back From The Brink? Auto Industry Crisis And Restructuring. 2008-11, Thomas H. Klier, James Rubenstein
Detroit Back From The Brink? Auto Industry Crisis And Restructuring. 2008-11, Thomas H. Klier, James Rubenstein
Documents
U.S. Auto Industry Bailout: Chrysler, GM, and Ford Restructuring
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Hofstra Labor & Employment Law Journal
No abstract provided.