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Articles 61 - 82 of 82
Full-Text Articles in Law
Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui
Golden Gate University Law Review
In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover, …
Native Village Of Eyak V. Blank: Fish Is Best Rare; Justice, Not So Much, William H. Howery Iii
Native Village Of Eyak V. Blank: Fish Is Best Rare; Justice, Not So Much, William H. Howery Iii
Golden Gate University Law Review
For the purposes of the litigation discussed in this Note, the Chugach peoples comprise five native villages in the State of Alaska: Eyak, Tatitlek, Chenega, Nanwalek, and Port Graham ("the Villages"). The Villages must fight for a right to the natural resource they depend upon most for survival, fish. At the end of the twentieth century, the Villages sued the federal government to assert claims of aboriginal title, and along with it, exclusive rights to the resources of their ancestral fishing grounds on the Outer Continental Shelf (OCS). A panel of the United States Court of Appeals for the Ninth …
The Political Question Doctrine In The Ninth Circuit And Why It Should Not Have Barred The Adjudication Of Corrie V. Caterpillar, Kristina Maalouf
The Political Question Doctrine In The Ninth Circuit And Why It Should Not Have Barred The Adjudication Of Corrie V. Caterpillar, Kristina Maalouf
Golden Gate University Law Review
This Comment argues that the Ninth Circuit should not have affirmed the dismissal of Corrie v. Caterpillar. Although Rachel's death occurred in the context of the highly politicized Israeli-Palestinian conflict, the court's failure to find justiciable a cause of action between a U.S. citizen and a U.S. corporation was grounded on an undue application of the political question doctrine. The Ninth Circuit could have allowed the district court to adjudicate Rachel's family's claims under a narrow tort-liability framework without interfering with U.S. foreign policy. Rachel's family deserved the opportunity to litigate its case against Caterpillar, the company whose product …
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee
Golden Gate University Law Review
Despite the decreased circulation of traditional newspapers, celebrity gossip magazines continue to flourish in the publishing world. In June 2012, People Magazine reached a paid circulation of over 3.5 million copies, putting the publication at number nine on the top U.S. consumer magazines list for the first half of the year. Public demand for celebrity news and gossip is unwavering. With this popularity come problems - especially for those celebrities whose images end up supplying that high demand. In Monge v. Maya Magazines, Inc., the Ninth Circuit presided over a copyright battle between celebrities and a gossip magazine regarding fair …
Out Through The In Door—Shale Gas Set To Reverse The Direction Of Lng Sales In America, Christopher S. Kulander
Out Through The In Door—Shale Gas Set To Reverse The Direction Of Lng Sales In America, Christopher S. Kulander
LSU Journal of Energy Law and Resources
No abstract provided.
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Touro Law Review
No abstract provided.
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
University of Miami International and Comparative Law Review
No abstract provided.
Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal
Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Biodefense And Constitutional Constraints, Laura K. Donohue
Biodefense And Constitutional Constraints, Laura K. Donohue
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
International Law Studies
This article contends that in the upcoming Human Rights Committee proceedings, the U.S. should abandon the categorical argument that its human rights obligations do not apply extraterritorially in favor of a more nuanced approach that reflects the majority position reached by the range of human rights treaty bodies and courts as well as the legal framework applicable to our coalition partners and other allies. The U.S. failure to acknowledge limited, well-established, and principled exceptions to a strictly territorial application of its human rights obligations ultimately undermines the legitimacy of other, more efficacious, arguments at its disposal—such as its position on …
The Affordable Care Act, Remedy, And Litigation Reform, Brendan S. Maher
The Affordable Care Act, Remedy, And Litigation Reform, Brendan S. Maher
American University Law Review
No abstract provided.
Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa
Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa
Michigan Business & Entrepreneurial Law Review
This Article is a comparative analysis of insider trading law in the United States and Chile. The study summarily reviews the historical, political, and legal foundations of insider trading regulation in both jurisdictions, identifying areas of convergence, as well as areas in which the Chilean securities market could benefit vis- ` a-vis the more advanced experience of the considerably larger American securities market. The Article also highlights the axiological closeness between both jurisdictions concerning the protection of inside corporate information and the fiduciary role of those who intervene in securities markets in their various capacities (as investors, shareholders, corporate officers, …
From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric
From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric
Michigan Journal of Race and Law
Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …
The Snowden Revelations, The Transatlantic Trade And Investment Partnership And The Divide Between U.S.- Eu In Data Privacy Protection, Ioanna Tourkochoriti
The Snowden Revelations, The Transatlantic Trade And Investment Partnership And The Divide Between U.S.- Eu In Data Privacy Protection, Ioanna Tourkochoriti
University of Arkansas at Little Rock Law Review
No abstract provided.
What Might Have Been: 25 Years Of Robert Bork On The United States Supreme Court, Benjamin Pomerance
What Might Have Been: 25 Years Of Robert Bork On The United States Supreme Court, Benjamin Pomerance
Belmont Law Review
This Article tries to briefly attempt an answer to what would have happened if Robert Bork had sat on the Supreme Court bench. Part I examines the backgrounds of Judge Bork and Justice Kennedy, and then studies some of the major cases decided by the Court in four key areas — abortion, freedom of speech, the right to bear arms, and civil rights — during the last twenty-five years. Part II then evaluates the voting record of Justice Kennedy in these cases, as well as the views held by Judge Bork — based on Bork’s own writings, on opinions that …
An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig
An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig
Belmont Law Review
This Note analyzes the MDMA drug equivalency ratio under the current Guidelines and argues that the ratio is based on incomplete and inaccurate information. Part I of this Note provides an overview of the United States Sentencing Commission (“the Commission”) and the United States Sentencing Guidelines (“the Guidelines”). Part II discusses the rise of MDMA and the legislative response. It also summarizes the Commission’s findings regarding the social and physiological harms of MDMA that formed the basis for the Commission’s decision about the appropriate MDMA drug equivalency ratio. Part III examines the errors in the Commission’s empirical analysis of the …
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
The University of New Hampshire Law Review
[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …
Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong
Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong
The Scholar: St. Mary's Law Review on Race and Social Justice
The key to ending modern-day slavery of women and girls requires placing further support for education initiatives in origin countries. A pro-education approach has yielded the greatest return. Since the beginning of civilization to the present, people have been trafficked and enslaved. Movements to abolish slavery gained momentum at the beginning of the nineteenth century: Great Britain outlawed slave trading in 1807, the United States abolished slavery in 1865, the League of Nations enacted a treaty calling for the end of slavery in 1926, and the efforts have strengthened in modern times. The United States’ Trafficking Victims Protection Act (TVPA) …
Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis
Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis
Case Western Reserve Journal of International Law
No abstract provided.
Usada The Unconquerable: The One-Side Nature Of The United States Anti-Doping Administration’S Arbitration Process, Brian A. Dziewa
Usada The Unconquerable: The One-Side Nature Of The United States Anti-Doping Administration’S Arbitration Process, Brian A. Dziewa
Saint Louis University Law Journal
No abstract provided.