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Articles 13831 - 13852 of 13852
Full-Text Articles in Law
The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware
The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware
Stephen Ware
Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware
Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware
Stephen Ware
Sobre El Contrato De Licencia De Marcas, Gustavo M. Rodríguez García
Sobre El Contrato De Licencia De Marcas, Gustavo M. Rodríguez García
Gustavo M. Rodríguez García
The author explains the basics of trademark licence agreements in light of peruvian legislation and shares some considerations about the explicit and implicit obligations of the parties
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison
Steven R Morrison
This article examines the federal False Statements Act, 18 U.S.C. § 1001(a)(2), from the standpoints of judicial interpretation, the law’s history, legislative history and congressional intent, public policy, and criminal law theory. It concludes that the dominant judicial interpretations do not accord with congressional intent to create a limited and targeted law. The statute as interpreted is extraordinarily broad such that it should be—but has not been and probably won’t be—declared unconstitutionally vague. Whether the law is unconstitutional or not, as interpreted it does not support wise public policy nor does it accord with dominant theories of criminal law. This …
Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun
Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun
Reza Rajabiun
Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii
Ben G Pender II
Invigorating the Role of the In-House Legal Advisor Towards Ethical Culture and Governance in Client-Business Organizations From 21st Century Failures to True Calling Ben G. Pender II J.D., University of St. Thomas School of Law, 2009 M.A. Sociology, Organizational Effectiveness, Clark Atlanta University, 1996. B.S., Sociology, Virginia Polytechnic Institute and State University, 1988. All Rights Reserved. © 2009. Summary This Article examines the need to invigorate the role of the in-house legal advisor from ‘mere legal technician’ to simultaneous legal advisory gatekeeper and ethical steward. This article asserts that the often-acquiescent in-house legal advisor as mere legal technician is partially …
L'Integrazione Silente. La Funzione Interpretativa Della Corte Di Giustizia E Il Diritto Costituzionale Europeo, Giuseppe Martinico
L'Integrazione Silente. La Funzione Interpretativa Della Corte Di Giustizia E Il Diritto Costituzionale Europeo, Giuseppe Martinico
Giuseppe Martinico
No abstract provided.
Competition Law And The Economy In The Russian Federation, 1990-2006, Reza Rajabiun
Competition Law And The Economy In The Russian Federation, 1990-2006, Reza Rajabiun
Reza Rajabiun
Competition Law As Development Policy: Evidence From Poland, Reza Rajabiun
Competition Law As Development Policy: Evidence From Poland, Reza Rajabiun
Reza Rajabiun
Does The Constitutional Process Matter?, Zachary Elkins
Does The Constitutional Process Matter?, Zachary Elkins
Zachary Elkins
Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …
Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg
Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg
Zachary Elkins
No abstract provided.
Saateks, Rain Liivoja
Saateks, Rain Liivoja
Rain Liivoja
This is an introductory essay to accompany the Estonian translation of Jean Henri Dunant's Un Souvenir de Solférino. The text explains the history of the book and its impact on the subsequent development of the law of armed conflict.
Fitting Punishment, Juliet P. Stumpf
Fitting Punishment, Juliet P. Stumpf
Juliet P Stumpf
Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration law relies on one sanction – deportation – as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration law stands alone in the legal landscape in this respect. Criminal punishment incorporates proportionality when imposing sentences that are graduated based on the gravity of the offense; contract and tort law provide for damages that are graduated based on the harm to others or to society. This Article represents …
Three Terms Of The Kennedy Court: Projecting The Future Of Constitutional Doctrine, Kenneth M. Murchison
Three Terms Of The Kennedy Court: Projecting The Future Of Constitutional Doctrine, Kenneth M. Murchison
Kenneth M Murchison
This Article evaluates the likely direction of constitutional doctrine now that Justice Kennedy is clearly the pivotal justice on most controversial constitutional issues. The article begins with a summary of Justice Kennedy’s positions on a range of constitutional issues and of his influence on constitutional doctrine in the decade before Chief Justice Roberts and Justice Alito joined the Court. It then examines the closely divided decisions of the last three terms and projects how constitutional doctrine is likely to change for the foreseeable future. Finally, it considers the extent to which stare decisis, changes in Justice Kennedy’s thought, and the …
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine, Jd, Phd
Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine, Jd, Phd
Reid G. Fontaine
For a number of reasons, including the complicated psychological nature of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been whether the defense is a partial justification or excuse. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate that even in circumstances in which there is no actual provocation, or the provocation is not sourced …
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
César F. Rosado Marzán
No abstract provided.
Impact Of Social Issues On Public Sector Employees: Research Summary And Implications For Workplace Conflict Professionals, Sherrill W. Hayes
Impact Of Social Issues On Public Sector Employees: Research Summary And Implications For Workplace Conflict Professionals, Sherrill W. Hayes
Sherrill W. Hayes
The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Slocum
The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Slocum
Robin Slocum
Lawyers are presented with a challenging dilemma when counseling angry clients who seek to use the legal system as a weapon for vengeance. Legal scholars have argued that lawyers should, where appropriate, dissuade their angry clients from litigation strategies that are immoral or arguably unethical. However, angry clients are remarkably resistant to appeals based on morality and reason. Thus, it is not surprising that lawyers have been largely ineffective in their efforts to dissuade angry clients from using the legal system as a battlefield. Instead, lawyers often reluctantly defer to clients whose judgment is impaired by their emotional reactivity.
This …
Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates
Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates
Reid G. Fontaine
This study examined the mediating role of loneliness (assessed by self-report at Time 2; Grade 6) in the relation between early social preference (assessed by peer report at Time 1; kindergarten through Grade 3) and adolescent anxious/depressed symptoms (assessed by mother, teacher, and self-reports at Time 3; Grades 7–9). Five hundred eighty-five boys and girls (48% female; 16% African American) from three geographic sites of the Child Development Project were followed from kindergarten through Grade 9. Loneliness partially mediated and uniquely incremented the significant effect of low social preference in childhood on anxious/depressed symptoms in adolescence, controlling for early anxious/depressed …
Regulating Middlesex, Anne Bloom