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Articles 1681 - 1710 of 8640
Full-Text Articles in Law
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Michigan Law Review
Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
Michigan Law Review
For over 100 years the United States judiciary has struggled with the sting and the entrapment defense, examining whether government agents deviously manufacture crimes or merely afford criminals the opportunity to commit them. The sentiments of Justice Holmes were rare for his time, but today they are reflected in a growing sympathy for sting victims. While courts are now more willing than ever to find entrapment, they still differ over the burden of proof that the government must satisfy to overthrow an entrapment defense. Specifically, courts disagree about whether the burden includes proof that the defendant had the ability and …
Pleading Under Section 11 Of The Securities Act Of 1933, Krista L. Turnquist
Pleading Under Section 11 Of The Securities Act Of 1933, Krista L. Turnquist
Michigan Law Review
The Securities Act of 1933 ("Securities Act") requires full and fair disclosure of the nature of securities sold in interstate and foreign commerce. Section 11 of the Securities Act prohibits false or misleading registration statements. It also provides buyers a private remedy for false or misleading statements against any signer of the registration statement, any partner or director of the issuer, any professional involved in preparing or certifying the statement, and any underwriter. The rule appears simple: if there is a material misstatement or omission in the registration statement, the buyer may sue the seller. Courts disagree, however, over how …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
Scholarly Works
In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme Court's October 1998 Term, the specific point at issue was the scope of Congress's authority under Section 5 of the Fourteenth Amendment to impose liability for damages on state governments. In the Patent Remedy Act, Congress had abrogated the states' sovereign immunity from claims of patent infringement. College Savings Bank argued for the validity of the statute on the grounds that patents are property; that patent infringements are deprivations of property; and that the statute simply and appropriately provides a remedy for deprivations of …
Judicial Disqualification In Alaska Courts, Marla N. Greenstein
Judicial Disqualification In Alaska Courts, Marla N. Greenstein
Alaska Law Review
No abstract provided.
The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.
The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.
Alaska Law Review
No abstract provided.
The Spirit Of 76: Does President Clinton’S Roadless Lands Directive Violate The Spirit Of The National Forest Management Act Of 1976?, Jennifer L. Sullivan
The Spirit Of 76: Does President Clinton’S Roadless Lands Directive Violate The Spirit Of The National Forest Management Act Of 1976?, Jennifer L. Sullivan
Alaska Law Review
No abstract provided.
Year In Review 1999: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Michael R. Asam, Antony L. Sanacory, William R. Terpening, Jonathan M. Werner
Year In Review 1999: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Michael R. Asam, Antony L. Sanacory, William R. Terpening, Jonathan M. Werner
Alaska Law Review
No abstract provided.
Miranda Under Fire, Jonathan L.H. Blaine
Miranda Under Fire, Jonathan L.H. Blaine
Seton Hall Constitutional Law Journal
No abstract provided.
Nonparent Visitation Rights V. Family Autonomy: An Abridgment Of Parents' Constitutional Rights?, Elizabeth Weiss
Nonparent Visitation Rights V. Family Autonomy: An Abridgment Of Parents' Constitutional Rights?, Elizabeth Weiss
Seton Hall Constitutional Law Journal
No abstract provided.
Moderator Comments, Ronald Riccio
Moderator Comments, Ronald Riccio
Seton Hall Constitutional Law Journal
No abstract provided.
All Or Nothing: Explaining The Size Of Supreme Court Majorities, Paul H. Edelman, Suzanna Sherry
All Or Nothing: Explaining The Size Of Supreme Court Majorities, Paul H. Edelman, Suzanna Sherry
North Carolina Law Review
No abstract provided.
Duty And Disaster: Holding Local Governments Liable For Permitting Uses In High-Hazard Areas, Christopher City
Duty And Disaster: Holding Local Governments Liable For Permitting Uses In High-Hazard Areas, Christopher City
North Carolina Law Review
No abstract provided.
How Well Are The Nation's Children Protected From Peer Harassment At School: Title Ix Liability In The Wake Of Davis V. Monroe County Board Of Education, Kelly Dixson Furr
How Well Are The Nation's Children Protected From Peer Harassment At School: Title Ix Liability In The Wake Of Davis V. Monroe County Board Of Education, Kelly Dixson Furr
North Carolina Law Review
No abstract provided.
Risk Equity, W. Kip Viscusi
Risk Equity, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Risk equity serves as the purported rationale for a wide range of inefficient policy practices, such as the concern that hypothetical individual risks not be too great. This paper proposes an alternative risk equity concept in terms of equitable tradeoffs rather than equity in risk levels. Equalizing the cost per life saved across policy contexts will save additional lives and will give fair treatment to risks arising in a variety of domains. Equitable tradeoffs will also benefit minorities who currently are disadvantaged by politically based inefficient policies.
State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg
State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg
Cornell Law Faculty Publications
On November 23, 1998, a master settlement agreement settled the lawsuits of forty-six states against the tobacco industry. The settlement brings about historic public health initiatives, such as the end to outdoor advertising, the ban on using cartoon characters in advertisements, and the creation of public education trusts. It also provides that the settling tobacco manufacturers will pay over $200 billion over the next twenty-five years. Some of the legal theories upon which states relied have implications beyond the tobacco litigation. Of particular importance is the application of the theory of parens patriae in the tobacco litigation. That theory may …
The Illegal Expropriation Of Property In Cuba: A Historical And Legal Analysis Of The Takings And A Survey Of Restitution Schemes For A Post-Socialist Cuba, Jose A. Ortiz
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The War On Crime Increases The Time: Sentencing Policies In The United States And South Africa, Bianca A. Poindexter
The War On Crime Increases The Time: Sentencing Policies In The United States And South Africa, Bianca A. Poindexter
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Albert Venn Dicey And The Principles Of The Rule Of Law: Is Justice Blind? A Comparative Analysis Of The United States And Great Britain, Michael L. Principe
Albert Venn Dicey And The Principles Of The Rule Of Law: Is Justice Blind? A Comparative Analysis Of The United States And Great Britain, Michael L. Principe
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Cruella De Vil Revisited: The International Dog And Cat Fur Trade, Jean C. Yasuhara
Cruella De Vil Revisited: The International Dog And Cat Fur Trade, Jean C. Yasuhara
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Chapter Iii (Claims To Minimum World Public Order On The Oceans)
Chapter Iii (Claims To Minimum World Public Order On The Oceans)
International Law Studies
No abstract provided.
Chapter V (The Tanker War And The Law Of Armed Conflict)
Chapter V (The Tanker War And The Law Of Armed Conflict)
International Law Studies
No abstract provided.
Municipal Anti-Gun Lawsuits: How Questionable Litigation Substitutes For Legislation, James H. Warner
Municipal Anti-Gun Lawsuits: How Questionable Litigation Substitutes For Legislation, James H. Warner
Seton Hall Constitutional Law Journal
No abstract provided.
Is The Right To Bear Arms Individual, Collective, Insurrectionist Or All Of The Above?, Ariel A. Rodríguez
Is The Right To Bear Arms Individual, Collective, Insurrectionist Or All Of The Above?, Ariel A. Rodríguez
Seton Hall Constitutional Law Journal
No abstract provided.
Panelist, Stephen P. Halbrook
Panelist, Stephen P. Halbrook
Seton Hall Constitutional Law Journal
No abstract provided.
Panelist, David Yassky
Panelist, Joyce Lee Malcolm
Panelist, Joyce Lee Malcolm
Seton Hall Constitutional Law Journal
No abstract provided.