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Articles 6571 - 6600 of 7801
Full-Text Articles in Law
Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen
Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen
Faculty Scholarship
The Authors from Western New England College School of Law discuss perspectives on and approaches to responding to student writing.
The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs
The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs
Faculty Scholarship
The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.
Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Faculty Scholarship
In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.
Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Faculty Scholarship
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …
The Right To Counsel In Collateral, Post-Conviction Proceedings, Daniel Givelber
The Right To Counsel In Collateral, Post-Conviction Proceedings, Daniel Givelber
Maryland Law Review
No abstract provided.
In Defense Of The Imprecise Definition Of Commercial Speech, Nat Stern
In Defense Of The Imprecise Definition Of Commercial Speech, Nat Stern
Maryland Law Review
No abstract provided.
Hayekian Socialism , Richard A. Epstein
The Tort Liability Regime And The Duty To Defend , Ellen S. Pryor
The Tort Liability Regime And The Duty To Defend , Ellen S. Pryor
Maryland Law Review
No abstract provided.
Democracy And Inclusion: Reconceptualizing The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos Vargas
Democracy And Inclusion: Reconceptualizing The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos Vargas
Maryland Law Review
No abstract provided.
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Maryland Law Review
No abstract provided.
A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis
A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis
Maryland Law Review
No abstract provided.
Magnificent Failure Revisited: Modern Maryland Constitutional Law From 1967 To 1998, Dan Friedman
Magnificent Failure Revisited: Modern Maryland Constitutional Law From 1967 To 1998, Dan Friedman
Maryland Law Review
No abstract provided.
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
Faculty Scholarship
Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?
In …
Attorney Expertise, Litigant Success, And Judicial Decisionmaking In The U.S. Courts Of Appeals, Stefanie A. Lindquist, Susan Brodie Haire, Roger E. Hartley
Attorney Expertise, Litigant Success, And Judicial Decisionmaking In The U.S. Courts Of Appeals, Stefanie A. Lindquist, Susan Brodie Haire, Roger E. Hartley
Scholarship@WashULaw
In the U.S. legal system, litigants frequently retain counsel to represent their interests in civil cases, particularly when the stakes are high. Scholarly work and anecdotal evidence suggest that variation in the quality of advocacy has the potential to affect litigant success. We examine the relationship between attorney characteristics, case outcomes, and judicial voting in products liability decisions of the U.S. Courts of Appeals. Our analysis found some differences in the levels of experience and specialization of counsel representing defendants and plaintiffs and that counsel expertise was, at times, related to litigant success. In a multivariate model of decisionmaking, judges …
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg
A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg
Kentucky Law Journal
No abstract provided.
Putting The Cart Before The Horse: Agostini V. Felton Blurs The Line Between Res Judicata And Equitable Relief, Michael R. Tucci
Putting The Cart Before The Horse: Agostini V. Felton Blurs The Line Between Res Judicata And Equitable Relief, Michael R. Tucci
Case Western Reserve Law Review
No abstract provided.
Patent "Monopolyphobia": A Means Of Extinguishing The Fountainhead ?, Simone A. Rose
Patent "Monopolyphobia": A Means Of Extinguishing The Fountainhead ?, Simone A. Rose
Case Western Reserve Law Review
No abstract provided.
Service Over The "Net": Principles Of Contract Law In Conflict, Jody Storm Gale
Service Over The "Net": Principles Of Contract Law In Conflict, Jody Storm Gale
Case Western Reserve Law Review
No abstract provided.
Updating Romer V. Evans: The Implications Of The Supreme Court's Denial Of Certiorari In Equality Foundation Of Greater Cincinnati V. City Of Cincinnati, James E. Barnett
Updating Romer V. Evans: The Implications Of The Supreme Court's Denial Of Certiorari In Equality Foundation Of Greater Cincinnati V. City Of Cincinnati, James E. Barnett
Case Western Reserve Law Review
No abstract provided.
Masthead, Volume 49 Issue 3 (1999)
Masthead, Volume 49 Issue 3 (1999)
Case Western Reserve Law Review
No abstract provided.
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David J. Franklyn
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David J. Franklyn
Case Western Reserve Law Review
No abstract provided.
Educational Vouchers And The Religion Clauses Under Agostini: Resurrection, Insurrection And A New Direction, Kimberly M. Deshano
Educational Vouchers And The Religion Clauses Under Agostini: Resurrection, Insurrection And A New Direction, Kimberly M. Deshano
Case Western Reserve Law Review
No abstract provided.
Masthead, Volume 50 Issue 1 (1999)
Masthead, Volume 50 Issue 1 (1999)
Case Western Reserve Law Review
No abstract provided.
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnel Douglas Prima Facie Case Test, Angela Onwuachi-Willig
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnel Douglas Prima Facie Case Test, Angela Onwuachi-Willig
Case Western Reserve Law Review
No abstract provided.
Symposium: The Legacy Of Henry G. Manne - Pioneer In Law & Economics And Innovator In Legal Education - Acknowledgement, Christopher M. O'Connor
Symposium: The Legacy Of Henry G. Manne - Pioneer In Law & Economics And Innovator In Legal Education - Acknowledgement, Christopher M. O'Connor
Case Western Reserve Law Review
No abstract provided.
Securities Trading: A Contractual Perspective, Jonathan R. Macey
Securities Trading: A Contractual Perspective, Jonathan R. Macey
Case Western Reserve Law Review
No abstract provided.
Insider Trading, Investor Harm, And Executive Compensation, Robert B. Thompson
Insider Trading, Investor Harm, And Executive Compensation, Robert B. Thompson
Case Western Reserve Law Review
No abstract provided.
Insider Trading And The Stock Market Thirty Years Later, Richard W. Painter
Insider Trading And The Stock Market Thirty Years Later, Richard W. Painter
Case Western Reserve Law Review
No abstract provided.
Henry G. Manne, Network Entrepreneur, Paul H. Rubin
Henry G. Manne, Network Entrepreneur, Paul H. Rubin
Case Western Reserve Law Review
No abstract provided.