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2016

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Institution
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Articles 5191 - 5220 of 5979

Full-Text Articles in Law

Finding The Perfect Balance: Combating Cyber Attacks Without Intruding On Civil Liberties, Andrew Richman Jan 2016

Finding The Perfect Balance: Combating Cyber Attacks Without Intruding On Civil Liberties, Andrew Richman

Student Works

No abstract provided.


Drones And Machine Learning Analytics – The Best Way To Provide Privacy Safeguards On Drone Surveillance Is With Technology, Not Law, Victoria Dorum Jan 2016

Drones And Machine Learning Analytics – The Best Way To Provide Privacy Safeguards On Drone Surveillance Is With Technology, Not Law, Victoria Dorum

Student Works

No abstract provided.


Free Speech And The Internet: “The Future Of First Amendment Jurisprudence”, James Murphy Jan 2016

Free Speech And The Internet: “The Future Of First Amendment Jurisprudence”, James Murphy

Student Works

No abstract provided.


Notice Requirements: Employee Wellness Program, John Dumnich Jan 2016

Notice Requirements: Employee Wellness Program, John Dumnich

Student Works

No abstract provided.


State Aid In The Eu Through Tax Rulings And Transfer Pricing, Elizabeth A. Jone Jan 2016

State Aid In The Eu Through Tax Rulings And Transfer Pricing, Elizabeth A. Jone

Student Works

No abstract provided.


Neutral Principles Or Church Autonomy: The Constitutional Standing Of Religious Organizations In Intellectual Property Disputes, Ryan Albert Jan 2016

Neutral Principles Or Church Autonomy: The Constitutional Standing Of Religious Organizations In Intellectual Property Disputes, Ryan Albert

Student Works

No abstract provided.


Online Shopping: Buy One Lose Legal Rights For Free, Laura Cicirelli Jan 2016

Online Shopping: Buy One Lose Legal Rights For Free, Laura Cicirelli

Student Works

No abstract provided.


Evaluating The Standards Of Family Medical Leave Act Claims, Kaitlyn Williamson Jan 2016

Evaluating The Standards Of Family Medical Leave Act Claims, Kaitlyn Williamson

Student Works

No abstract provided.


Deferring Clarity: Qualified Immunity Of Federal Officials From Suits Filed By American Citizens Alleging Torture, Chelsea Anne Perdue Jan 2016

Deferring Clarity: Qualified Immunity Of Federal Officials From Suits Filed By American Citizens Alleging Torture, Chelsea Anne Perdue

Student Works

No abstract provided.


The Impact Of Apprendi, Ring And The Change In Cultural Attitude On Death Penalty Sentencing And Alabama's Judicial Override System, Cassandra Jahnke Jan 2016

The Impact Of Apprendi, Ring And The Change In Cultural Attitude On Death Penalty Sentencing And Alabama's Judicial Override System, Cassandra Jahnke

Student Works

No abstract provided.


National Security Agency & The 4th Amendment, James C. Dezao Jan 2016

National Security Agency & The 4th Amendment, James C. Dezao

Student Works

No abstract provided.


Chapter 11’S Silver Bullet And The Search For Liquidity, Jonathan Goodelman Jan 2016

Chapter 11’S Silver Bullet And The Search For Liquidity, Jonathan Goodelman

Student Works

No abstract provided.


Democracy Unchained: Judicial Review Of Felon Disenfranchisement Laws In America And An International Comparison, Antoinette Solomon Jan 2016

Democracy Unchained: Judicial Review Of Felon Disenfranchisement Laws In America And An International Comparison, Antoinette Solomon

Student Works

No abstract provided.


Settlement Should Be The End Of Story: A Proposed Procedure To Settle Hatch-Waxman Paragraph Iv Litigations Modeled After Rule 23 Class Action Settlement Procedure, Chika Seidel Jan 2016

Settlement Should Be The End Of Story: A Proposed Procedure To Settle Hatch-Waxman Paragraph Iv Litigations Modeled After Rule 23 Class Action Settlement Procedure, Chika Seidel

Student Works

No abstract provided.


The Criminal Liability Of Whistleblowers: Risking Your Freedom To Save Your Job, Angela Raleigh Jan 2016

The Criminal Liability Of Whistleblowers: Risking Your Freedom To Save Your Job, Angela Raleigh

Student Works

No abstract provided.


Mandatory Vaccination: First Amendment Considerations, Hannah Greendyk Jan 2016

Mandatory Vaccination: First Amendment Considerations, Hannah Greendyk

Student Works

No abstract provided.


The Ultimate Intrusion On Freedom: A Look At The Federal Circuit's Differing Interpretations On Handcuffing In Custodial Determinations For Miranda Rights, Renee Bissonnette Jan 2016

The Ultimate Intrusion On Freedom: A Look At The Federal Circuit's Differing Interpretations On Handcuffing In Custodial Determinations For Miranda Rights, Renee Bissonnette

Student Works

No abstract provided.


Sonia Supreme: The Sensible Jurisprudence Of A Salsa Dancing, Spanish Speaking, Justice From The Bronx, Stephanie A. Brown Jan 2016

Sonia Supreme: The Sensible Jurisprudence Of A Salsa Dancing, Spanish Speaking, Justice From The Bronx, Stephanie A. Brown

Student Works

No abstract provided.


Letting Go: Ncaa Reform As An Alternative To The Unionization Of College Athletes, Kevin Demaio Jan 2016

Letting Go: Ncaa Reform As An Alternative To The Unionization Of College Athletes, Kevin Demaio

Student Works

No abstract provided.


Makeshift Justice And Mootness: The Mauling Of Frcp Rule 68, Michelle Ferrare Jan 2016

Makeshift Justice And Mootness: The Mauling Of Frcp Rule 68, Michelle Ferrare

Student Works

No abstract provided.


Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines Jan 2016

Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines

Faculty Works

No abstract provided.


The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr Jan 2016

The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr

Faculty Works

The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …


The Second Amendment On Campus, Allen K. Rostron Jan 2016

The Second Amendment On Campus, Allen K. Rostron

Faculty Works

No abstract provided.


The Abstract Void In Practice: Has The Statutory Business Judgment Rule Changed The ‘Acoustic Separation’ Between Conduct And Decision Rules For Directors’ Duty Of Care?, Sergio Alberto Gramitto Ricci, Jake Miyairi Jan 2016

The Abstract Void In Practice: Has The Statutory Business Judgment Rule Changed The ‘Acoustic Separation’ Between Conduct And Decision Rules For Directors’ Duty Of Care?, Sergio Alberto Gramitto Ricci, Jake Miyairi

Faculty Works

A recent outpouring of director sentiment claims that the stringency of directors’ duty of care is stifling entrepreneurial growth. This article explores whether the statutory business judgment rule has enhanced directors’ protection for legitimate commercial decisions, or clarified their liability for due care — the two express justifications behind its enactment. Directors’ protection for entrepreneurial decision-making cannot be amplified without broadening the pre-existing abstract void between the duty of care — as a conduct rule — and the general law ‘business judgment principle’ — as a decision rule. But Parliament’s desire to clarify and confirm the existing general law business …


The Legitimacy Of International Law, David Lefkowitz Jan 2016

The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

The conduct of international affairs is subject to three kinds of normative standards. The first of these is prudence or rational self-interest, and its most common manifestation in international affairs involves reference to a state's national interest as a basis for defending or critiquing its international conduct. Justice provides a second metric for assessing the international conduct of states, and sometimes other actors, and a set of normative concepts including freedom, equality and fairness with which to argue for or against particular acts or policies. Law, including both international law and the foreign law of particular states, provides the third …


The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz Jan 2016

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …


Taking Bankruptcy Rights Seriously, Rafael I. Pardo Jan 2016

Taking Bankruptcy Rights Seriously, Rafael I. Pardo

Scholarship@WashULaw

Perhaps more so than any other area of law affecting individuals of low-to-moderate means, bankruptcy poignantly presents an affordability paradox: The system’s purpose is to relieve individuals from financial distress, yet it simultaneously demands a significant commitment of resources to obtain such relief. To date, no one has undertaken a comprehensive study of the complexities and costs of the litigation burden that Congress has imposed on self-represented debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that sometimes necessitates litigation as the path for vindicating a debtor’s statutory right to a …


Guns And Drugs, Benjamin Levin Jan 2016

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …


Your Corrupt Ways Had Finally Made You Blind: Prosecutorial Misconduct And The Use Of Ethnic Adjustments In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin Jan 2016

Your Corrupt Ways Had Finally Made You Blind: Prosecutorial Misconduct And The Use Of Ethnic Adjustments In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin

Articles & Chapters

In a recent masterful article, Professor Robert Sanger revealed that, since the Supreme Court's decision in Atkins v. Virginia, some prosecution experts have begun using so-called "ethnic adjustments" to artificially raise minority defendants' IQ scores, making such defendants-who would otherwise have been protected by Atkins and, later, by Hall v. Florida-eligible for the death penalty. Sanger accurately concluded that ethnic adjustments are not logically or clinically appropriate when computing a person's IQ score for Atkins purposes. He relied further on epigenetics to demonstrate that environmental factors-such as childhood abuse, poverty, stress, and trauma-can cause decreases in actual IQ scores, and …


The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow Jan 2016

The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow

Articles & Chapters

Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.