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Articles 31 - 60 of 5062
Full-Text Articles in Law
Book Essay, Barry Sullivan
Case Comments, Notre Dame Law Review Editors
Case Comments, Notre Dame Law Review Editors
Notre Dame Law Review
No abstract provided.
Alumni News: Vol. 6, No. 2, Valparaiso University School Of Law
Alumni News: Vol. 6, No. 2, Valparaiso University School Of Law
Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)
No abstract provided.
The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori
The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori
Washington Law Review
This article focuses on the Japanese Supreme Court's exercise of its power of judicial administration. The article places special emphasis on the management of the judiciary and on rulemaking, both quite novel to the Japanese court.
Streamlining Antitrust Litigation By "Facial Examination" Of Restraints: The Burger Court And The Per Se-Rule Of Reason Distinction, Edward Brunet
Streamlining Antitrust Litigation By "Facial Examination" Of Restraints: The Burger Court And The Per Se-Rule Of Reason Distinction, Edward Brunet
Washington Law Review
Against a backdrop of a definitional skepticism, this article focuses on the important Burger Court contribution to the per se and rule of reason approaches. The Burger Court now requires a facial examination of antitrust restraints that may improve the lethargic process of antitrust litigation. Much of the article concerns the differences between the per se and rule of reason tests. The Burger Court's decisions, however, require that careful attention be given to the similar and complementary features of the rule of reason and per se methods. The article examines carefully the methodologies courts employ to classify alleged restraints as …
The Washington Environmental Policy Act, William H. Rodgers Jr.
The Washington Environmental Policy Act, William H. Rodgers Jr.
Washington Law Review
As the Washington State Environmental Policy Act of 1971 (SEPA) approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court. The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There …
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Washington Law Review
As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …
Compromise Merit Review—A Proposal For Both Sides Of The Debate, Gregory Gorder
Compromise Merit Review—A Proposal For Both Sides Of The Debate, Gregory Gorder
Washington Law Review
As is the case with many facets of modem life, government is involved in regulating the primary securities markets. Both federal and state laws require registration of initial securities offerings. Federal registration is procedural in nature, requiring full disclosure. State registiation, on the other hand, usually includes "merit review" of proposed securities offerings; state administrators typically may deny registration of a security if the offering would not be fair, just, and equitable or would be unreasonable in certain respects. This Comment analyzes the advantages and disadvantages of merit review, specifically the discretionary power reposed in the state administrator, and proposes …
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Washington Law Review
In Lenhardt v. Ford Motor Co., the Supreme Court of Washington held that evidence of industry custom is inadmissible in a strict product liability case. The Washington court held that the custom of the industry is not always a relevant factor in determining the reasonable expectations of the ordinary consumer. The court reasoned that admitting evidence of industry or manufacturers' customs and practices would improperly shift the inquiry from the reasonableness of the buyer's expectations to the reasonableness of the seller's conduct. The court recognized that this shift in focus would introduce concepts of fault that are relevant in a …
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Law Review
Under Washington's Consumer Protection Act, a private individual has standing to sue for unfair or deceptive business practices. The private litigant may not, however, use the Act as a vehicle to remedy those wrongs that impact only the private individual, because the Act's declared purpose is to protect the public interest. The public interest requirement thus imposes a restriction on the otherwise liberal construction of the Act. The Washington Supreme Court has established two tests by which the public interest requirement may be met: (1) the per se test and (2) the Anhold v. Daniels test.
Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush
Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush
Notre Dame Law Review
No abstract provided.
Response To Fedders Waiver By Conduct (Responses To Fedders), Jean-Lue Lepine
Response To Fedders Waiver By Conduct (Responses To Fedders), Jean-Lue Lepine
University of Pennsylvania Journal of International Law
No abstract provided.
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.
Newest Configuration Of The Ugly American: A Response To Mr. Fedders (Responses To Fedders), Edward J. Boyle, Jonathan C. Thau
Newest Configuration Of The Ugly American: A Response To Mr. Fedders (Responses To Fedders), Edward J. Boyle, Jonathan C. Thau
University of Pennsylvania Journal of International Law
No abstract provided.
Response To Fedders Waiver By Conduct (Responses To Fedders), Werner De Capitani
Response To Fedders Waiver By Conduct (Responses To Fedders), Werner De Capitani
University of Pennsylvania Journal of International Law
No abstract provided.
Response To Fedders Waiver By Conduct (Responses To Fedders), Eddy Wymeersch
Response To Fedders Waiver By Conduct (Responses To Fedders), Eddy Wymeersch
University of Pennsylvania Journal of International Law
No abstract provided.
The Internationalized Securities Market And International Law--A Reply To John M. Fedders (Responses To Fedders), Michael Singer
The Internationalized Securities Market And International Law--A Reply To John M. Fedders (Responses To Fedders), Michael Singer
University of Pennsylvania Journal of International Law
No abstract provided.
Jurisdictional Standards Under Eec Competition Law: The Evolution Of The Economic Entity Test, Victor M. Lopez-Balboa, Jennifer Myers
Jurisdictional Standards Under Eec Competition Law: The Evolution Of The Economic Entity Test, Victor M. Lopez-Balboa, Jennifer Myers
University of Pennsylvania Journal of International Law
No abstract provided.
Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara
Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara
Tulsa Law Review
No abstract provided.
Waiver By Conduct: Another View (Responses To Fedders), Paul J. Bschorr
Waiver By Conduct: Another View (Responses To Fedders), Paul J. Bschorr
University of Pennsylvania Journal of International Law
No abstract provided.
Rico: The Newest Litigation Gambit In Corporate Takeover Battles , William C. Tyson, Anthony Ain
Rico: The Newest Litigation Gambit In Corporate Takeover Battles , William C. Tyson, Anthony Ain
University of Pennsylvania Journal of International Law
No abstract provided.
Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams
Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams
Tulsa Law Review
No abstract provided.
Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell
Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell
Tulsa Law Review
No abstract provided.
Res Ipsa Loquitur, Seton Hall University School Of Law
Res Ipsa Loquitur, Seton Hall University School Of Law
Newspapers
No abstract provided.
In Praise Of Friendly , Louis H. Pollak
In Praise Of Friendly , Louis H. Pollak
University of Pennsylvania Law Review
No abstract provided.
Views Of A Friendly Observer, John Minor Wisdom
Views Of A Friendly Observer, John Minor Wisdom
University of Pennsylvania Law Review
No abstract provided.
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
Michigan Law Review
This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …
Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review
Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review
Michigan Law Review
This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …
Administrative Regulation Of The High School Press, Michigan Law Review
Administrative Regulation Of The High School Press, Michigan Law Review
Michigan Law Review
This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …
Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez
Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez
St. Mary's Law Journal
Abstract Forthcoming.