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Articles 1 - 30 of 49
Full-Text Articles in Law
Sniping Down Ignorance Claims: The Third Circuit In United States V. Stadtmauer Upholds Willful Blindness Instructions In Criminal Tax Cases, Rachel Zuraw
Villanova Law Review
The article presents information on the criminal tax cases and the claims of ignorance of relevant legal duties or misunderstanding. The complexities in the tax code of the U.S., interpretation of willful blindness by the U.S. courts and the standard for conviction are discussed. The non-tax fraud case law, strict interpretation of conscious avoidance in tax statutes and the duty implicitly imposed on taxpayers are also discussed with reference to the trial of Cheek v. United States.
Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis
Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis
Villanova Law Review
The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.
The Adam Walsh Act's Sex Offender Registration And Notification Requirements And The Commerce Clause: A Defense Of Congress's Power To Check The Interstate Movement Of Unregistered Sex Offenders, Matthew S. Miner
Villanova Law Review
The article discusses the Adam Walsh Act specifically the debate on the constitutionality of the Sex Offender Registration and Notification Act (SORNA) under the Commerce Clause. SORNA aims to set up a unified registry system to monitor sex abusers' movements across states facilitating crime prevention and resolution. It cites U.S. Supreme Court rulings that have established the authority of Congress to regulate interstate travel and illegal activities even if the threat is local in nature.
Whoops - The Imminent Reconciliation Of U.S. Securities Laws With International Comity After Morrison V. National Australia Bank And The Drafting Error In The Dodd-Frank Act, Andrew Rocks
Villanova Law Review
The article contends that the Dodd-Frank Act and the case, Morrison v. National Australia Bank, restrict the extraterritorial reach of U.S. fraud laws to private rights of action involving domestic transactions of U.S. securities. The author notes that the U.S. legal jurisdiction is governed by the policy of minimal interference and respect for sovereignties and by the principle of comity. He states that this position will help establish a cooperative regulatory effort across global markets.
You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan
You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend
One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend
Villanova Law Review
No abstract provided.
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson
Villanova Environmental Law Journal
No abstract provided.
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug
Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug
Villanova Law Review
The article argues that a better approach for hedge fund regulation in the U.S. would be for law to regard private fund investors as clients of the managers of those funds. It discusses the regulatory regime governing investment advisers. The Investment Advisers Act of 1940 is tasked to regulate investment advisers and to require some investment advisers to be registered with the Securities and Exchange Commission (SEC).
May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte
Villanova Law Review
No abstract provided.
Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin
Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin
Villanova Environmental Law Journal
No abstract provided.
Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern
Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern
Villanova Environmental Law Journal
No abstract provided.
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Villanova Environmental Law Journal
No abstract provided.
Opening The Floodgates: The Roberts Court's Decision In Rapanos V. United States Spells Trouble For The Future Of The Waters Of The United States, Bill Currie
Villanova Environmental Law Journal
No abstract provided.
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Villanova Environmental Law Journal
No abstract provided.
National Cable & Telecommunications Ass'n V. Brand X Internet Services: A War Of Words, The Effect Of Classifying Cable Modem Service As An Information Service, David P. Manni
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Broadening Arranger Liability Under Alaska State Law: The Ninth Circuit's Interpretation Of Berg V. Popham, Sarah E. Stevenson
Broadening Arranger Liability Under Alaska State Law: The Ninth Circuit's Interpretation Of Berg V. Popham, Sarah E. Stevenson
Villanova Environmental Law Journal
No abstract provided.
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
Villanova Law Review
No abstract provided.
Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior
Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior
Villanova Environmental Law Journal
No abstract provided.
Defenders Of Wildlife V. Epa: Reconciling The Endangered Species Act And Clean Water Act Or Further Confusing The Statutory Overlap?, Mary Beth Hubner
Defenders Of Wildlife V. Epa: Reconciling The Endangered Species Act And Clean Water Act Or Further Confusing The Statutory Overlap?, Mary Beth Hubner
Villanova Environmental Law Journal
No abstract provided.
Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue
Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue
Villanova Environmental Law Journal
No abstract provided.
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Villanova Environmental Law Journal
No abstract provided.
The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders
Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders
Villanova Law Review
No abstract provided.
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Villanova Environmental Law Journal
No abstract provided.
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Villanova Environmental Law Journal
No abstract provided.
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
Villanova Law Review
No abstract provided.
Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth
Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth
Villanova Environmental Law Journal
No abstract provided.
Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod
Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod
Villanova Environmental Law Journal
No abstract provided.
Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney
Villanova Law Review
No abstract provided.