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Sniping Down Ignorance Claims: The Third Circuit In United States V. Stadtmauer Upholds Willful Blindness Instructions In Criminal Tax Cases, Rachel Zuraw Jan 2012

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 (1956 - )

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.


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 Jan 2011

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 (1956 - )

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.


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 Jan 2011

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 (1956 - )

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.


Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis Jan 2011

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review (1956 - )

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.


Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug Jan 2010

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 (1956 - )

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).


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 Jan 2010

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 (1956 - )

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 Jan 2010

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 (1991 - )

No abstract provided.


You Can't Get There From Here: Igra Needs Reinvention Into A Relevant Statute For A Mature Industry, Antonia Cowan Jan 2010

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 (1994 - )

No abstract provided.


La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone Jan 2010

La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte Jan 2009

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 (1956 - )

No abstract provided.


Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin Jan 2009

Deciphering Cercla's Vocabulary: United States V. Burlington - Reasonable Division And Arranger Liability, Benjamin J. Rodkin

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern Jan 2008

Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh Jan 2007

Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh

Villanova Environmental Law Journal (1991 - )

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 Jan 2007

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 (1991 - )

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 Jan 2007

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 (1991 - )

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 Jan 2006

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 (1991 - )

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 Jan 2006

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 (1991 - )

No abstract provided.


Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue Jan 2006

Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Broadening Arranger Liability Under Alaska State Law: The Ninth Circuit's Interpretation Of Berg V. Popham, Sarah E. Stevenson Jan 2006

Broadening Arranger Liability Under Alaska State Law: The Ninth Circuit's Interpretation Of Berg V. Popham, Sarah E. Stevenson

Villanova Environmental Law Journal (1991 - )

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 Jan 2006

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 (1994 - )

No abstract provided.


The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce Jan 2006

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review (1956 - )

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 Jan 2006

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 (1991 - )

No abstract provided.


Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane Jan 2005

Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane

Villanova Environmental Law Journal (1991 - )

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 Jan 2005

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 (1994 - )

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 Jan 2005

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 (1956 - )

No abstract provided.


Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott Jan 2005

Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth Jan 2004

Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod Jan 2004

Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod

Villanova Environmental Law Journal (1991 - )

No abstract provided.


2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell Jan 2004

2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell

Villanova Law Review (1956 - )

No abstract provided.


Accounting Firm Or Guarantor - The Third Circuit's Answer To Rule 10b-5'S Scienter Requirement In Accountant Liability Cases, Julie A. Boncarosky Jan 2003

Accounting Firm Or Guarantor - The Third Circuit's Answer To Rule 10b-5'S Scienter Requirement In Accountant Liability Cases, Julie A. Boncarosky

Villanova Law Review (1956 - )

No abstract provided.