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Articles 1 - 10 of 10

Full-Text Articles in Law

Fearing Fear Itself: Photo Identification Laws, Fear Of Fraud, And The Fundamental Right To Vote, Joel A. Heller Nov 2009

Fearing Fear Itself: Photo Identification Laws, Fear Of Fraud, And The Fundamental Right To Vote, Joel A. Heller

Vanderbilt Law Review

In his first inaugural address, President Franklin Roosevelt assured the American people that "the only thing we have to fear is fear itself." President Roosevelt's famous statement begs the question, however, of why we should fear fear itself. What, or whom, does fear harm? When faced with the presence of fear, society must consider what steps it is willing to take and what it is willing to give up in order to address that fear. These considerations become particularly acute when the government uses the existence of fear as a rationale for legislation. The propriety of fear-based lawmaking is questionable, …


The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk May 2009

The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk

Northern Illinois University Law Review

This article analyzes the United States Supreme Court decision of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, in which the Court held that fraud claims under section 10(b) of the Securities Exchange Act of 1934 cannot be sustained against third parties that did not directly mislead investors. After providing a brief overview of section 10(b) and rule l0b-5 jurisprudence, this note will discuss the facts surrounding the Stoneridge decision and provide an in-depth discussion of the majority opinion. This article ultimately advances the argument that the Stoneridge Court erred in its analysis of the plain language of the statute, previous case …


Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland Apr 2009

Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland

Indiana Law Journal

No abstract provided.


The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner Mar 2009

The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner

University of the District of Columbia Law Review

This comment focuses on the False Claims Act and its increasing potential to bring greater accountability to government programs designed to serve disadvantaged opulations. Citizen avengers play an increasing role in seeking retribution against grafters because existing safeguards built into government contracting and procurement often fail to ensure that taxpayer dollars are spent efficiently. The False Claims Act, the citizens' tool against fraud, is contrasted with the Inspectors General, the federal government's principle means of investigating, auditing, and prosecuting fraud in federal agencies and programs.


Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long Jan 2009

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.


A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina Jan 2009

A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina

Duke Journal of Gender Law & Policy

[...] a brief history of marital and naming practices will outline how these two concepts have shifted to a primarily private issue today, as compared with the Middle Ages, when they were primarily public issues highly concerned with property matters. [...] naming involves important issues in the construction of one's identity.


Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson Jan 2009

Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson

Fordham Journal of Corporate & Financial Law

No abstract provided.


Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon Jan 2009

Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon

Fordham Law Review

Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …


Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard Jan 2009

Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard

St. Mary's Law Journal

The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …


Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett Jan 2009

Teamsters Local 445 Freight Division Pension Fund V. Dynex Capital Inc., Erica E. Bonnett

NYLS Law Review

No abstract provided.