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2013

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Articles 271 - 283 of 283

Full-Text Articles in Law

Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh Dec 2012

Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh

Karen M Tani

No abstract provided.


Wyoming Legal Research, Debora Person, Tawnya Plumb Dec 2012

Wyoming Legal Research, Debora Person, Tawnya Plumb

Debora A. Person

In Wyoming, there are only limited state-specific treatises. As a low-population state, case law is not extensive, and researchers have expressed surprise at the brevity of the state statutes. This text covers the basic legal research resources for primary and secondary law dealing with Wyoming and federal jurisdictions. It covers print and online free and commercial legal databases and offers useful search tips for the more complicated materials.
The text begins with a brief introduction to the sources of the law and the initial stages of research, including determining the call of the question, identifying keywords, and assessing the most …


How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives.Pdf, Jalae Ulicki Dec 2012

How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives.Pdf, Jalae Ulicki

Jalae Ulicki

Imagine a world in which a society exists divided into two separate factions. One segment is the “teachers” those who for 200 years have been the “keepers of the books.” In this segment of society, there exists a hierarchy, and movement within that hierarchy is dependent upon various rights-of-passage. Only those among them who strictly follow carefully laid down rules from the “ancestors” can move within the branches of that society or upward through the hierarchy of that society. Despite these divisional segments, the goal of the faction is clear: impart the “information in the books” to the other segment …


Through The Court’S Eyes: Judicial Perspectives On The Pretrial Process, Gemma Zanowski Dec 2012

Through The Court’S Eyes: Judicial Perspectives On The Pretrial Process, Gemma Zanowski

Gemma N. Zanowski

Valuable information on pretrial practice.


Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb Dec 2012

Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb

Tawnya K. Plumb

In Wyoming, there are only limited state-specific treatises. As a low-population state, case law is not extensive, and researchers have expressed surprise at the brevity of the state statutes. This text covers the basic legal research resources for primary and secondary law dealing with Wyoming and federal jurisdictions. It covers print and online free and commercial legal databases and offers useful search tips for the more complicated materials.
The text begins with a brief introduction to the sources of the law and the initial stages of research, including determining the call of the question, identifying keywords, and assessing the most …


Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb Dec 2012

Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb

Tawnya K. Plumb

In Wyoming, there are only limited state-specific treatises. As a low-population state, case law is not extensive, and researchers have expressed surprise at the brevity of the state statutes. This text covers the basic legal research resources for primary and secondary law dealing with Wyoming and federal jurisdictions. It covers print and online free and commercial legal databases and offers useful search tips for the more complicated materials.
The text begins with a brief introduction to the sources of the law and the initial stages of research, including determining the call of the question, identifying keywords, and assessing the most …


Asia And Global Competition Law Convergence, David J. Gerber Dec 2012

Asia And Global Competition Law Convergence, David J. Gerber

David J. Gerber

No abstract provided.


Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo Dec 2012

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …


Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo Dec 2012

Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo

Nick J. Sciullo

Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …


Bypassing Bias: How Law Reviews Circumvent Favoritism, Allen P. Mendenhall Dec 2012

Bypassing Bias: How Law Reviews Circumvent Favoritism, Allen P. Mendenhall

Allen Mendenhall

Could peer-reviewed humanities journals benefit by having student editors, as is the practice for law reviews? Are student editors valuable because they are less likely than peer reviewers to be biased against certain contributors and viewpoints? Student editors of and contributors to law reviews may seem to be the notable exception, but legal scholarship is different from humanities scholarship in ways I address here, and law reviews suffer from biases similar to those endemic to peer-reviewed journals. Nevertheless, law review submission and editing probably have less systemic bias than peer-reviewed journals, but not because students edit them. Rather, law review …


From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall Dec 2012

From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall

Allen Mendenhall

Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …


Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence Dec 2012

Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence

Matthew B. Lawrence

Policymakers from Senator Edward Kennedy to Civil Rules Advisory Committee Reporter Edward Cooper have proposed that class actions be subject to a more stringent pleading threshold than individually-filed suits, yet the question has not been fully explored in legal scholarship. This Article addresses that gap. It shows that courts following the guidance of Bell Atlantic v. Twombly should apply a relatively more stringent pleading threshold to class actions, and a relatively less stringent threshold to individually-filed suits.

This contribution is set forth in two steps. First, this Article explains that, all else being equal, the anticipated systems’ costs and benefits …


Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb Dec 2012

Wyoming Legal Research, Debora A. Person, Tawnya K. Plumb

Tawnya K. Plumb

In Wyoming, there are only limited state-specific treatises. As a low-population state, case law is not extensive, and researchers have expressed surprise at the brevity of the state statutes. This text covers the basic legal research resources for primary and secondary law dealing with Wyoming and federal jurisdictions. It covers print and online free and commercial legal databases and offers useful search tips for the more complicated materials.
The text begins with a brief introduction to the sources of the law and the initial stages of research, including determining the call of the question, identifying keywords, and assessing the most …