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Articles 7591 - 7620 of 7926
Full-Text Articles in Law
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Articles
I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini
Articles
As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
Articles
Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Articles
This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.
Furthermore, this Article reviews the legislative history and the impact …
Birth Of A Journal, Journal Of Gender & The Law Founding Committee
Birth Of A Journal, Journal Of Gender & The Law Founding Committee
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Campbell Law Review
Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Campbell Law Review
This Note has several objectives. It will describe the origins and early rationale for the rule, as well as trace its growth and later demise in North Carolina. In addition, it will analyze the court's decision and the factors that led up to it. Finally, it will explore the ramifications of the court's decision and determine if this was the proper course for the court to take.
An Analysis Of The Retaliatory Employment Discrimination Act And Protected Activity Under The Occupational Safety And Health Act Of North Carolina, Dr. Michael R. Smith
An Analysis Of The Retaliatory Employment Discrimination Act And Protected Activity Under The Occupational Safety And Health Act Of North Carolina, Dr. Michael R. Smith
Campbell Law Review
On July 23, 1992, the North Carolina General Assembly ratified a law which will protect employees against discrimination and retaliatory action for particular job related activities. The law became effective on October 1, 1992 and applies to those accused of .violating it on or after that date. This article analyzes that law as it applies to the Occupational Safety and Health Act of North Carolina. The law appears in its entirety as an appendix in this paper.
Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. V. Rafcor, Inc. And United Carolina Bank, Philip A. Mullins Iv
Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. V. Rafcor, Inc. And United Carolina Bank, Philip A. Mullins Iv
Campbell Law Review
This Note will offer a brief history of the case law developed prior to Embree and will analyze the rationale used by the North Carolina Supreme Court in order to make their determination to grant an equitable remedy in this particular case. Next, this Note will examine the holding in Embree and will advance the proposition that the holding in that case is a departure from pre:existing law and cannot be easily reconciled with the case law developed in earlier North Carolina decisions and decisions of Federal Courts applying North Carolina law. Finally, this Note will outline the potential problems …
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Faculty Publications
Professor Baker gives his prescription for the Long-Range Planning Committee of the Judicial Conference. First, he considers the "mission" of the federal courts, explaining that there should be no single, objectively correct conception of the role of the federal courts. Second, he discusses his conception of long-range planning, in terms of a relatively short event horizon and the absolutely wide-open scope of the range of proposals that are relevant to the work of the Committee. Third, he describes his preliminary thoughts on the role of the Committee to be a kind of permanent Federal Courts Study Committee modeled after comparable …
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.
Civil Service Appointments And Promotions
Preemption Of Local Law By State Legislature
Law Enforcement And Other Officers
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
Freedom Of Speech And The Press