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Articles 211 - 240 of 8631
Full-Text Articles in Law
Major League Soccer: Antitrust, The Single Entity, And The Heightened Demand For A Labor Movement In The New Professional Soccer League, Phillip Lawrence Wright Jr.
Major League Soccer: Antitrust, The Single Entity, And The Heightened Demand For A Labor Movement In The New Professional Soccer League, Phillip Lawrence Wright Jr.
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
The Scope Of Title Ix Protection Gains Yardage As Courts Continue To Tackle The Contact Sports Exception, Kimberly Capadona
The Scope Of Title Ix Protection Gains Yardage As Courts Continue To Tackle The Contact Sports Exception, Kimberly Capadona
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis
Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
Alaska Law Review
No abstract provided.
Anchorage: Gaming Capital Of The Pacific Rim, A. Gregory Gibbs
Anchorage: Gaming Capital Of The Pacific Rim, A. Gregory Gibbs
Alaska Law Review
No abstract provided.
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
Alaska Law Review
No abstract provided.
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
Alaska Law Review
No abstract provided.
Table Of Contents--Issue 1, North Carolina Law Review
Table Of Contents--Issue 1, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Organizing The Unorganizable: Private Paid Household Workers And Approaches To Employee Representation, Peggie R. Smith
Organizing The Unorganizable: Private Paid Household Workers And Approaches To Employee Representation, Peggie R. Smith
North Carolina Law Review
No abstract provided.
Freezing The Company Charter, Eric Kades
Freezing The Company Charter, Eric Kades
North Carolina Law Review
No abstract provided.
Collecting Sales And Use Tax On Electronic Commerce: E-Confusion Or E-Collection, Brian S. Masterson
Collecting Sales And Use Tax On Electronic Commerce: E-Confusion Or E-Collection, Brian S. Masterson
North Carolina Law Review
No abstract provided.
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
Principles Of Forum Selection, Antony L. Ryan
Principles Of Forum Selection, Antony L. Ryan
West Virginia Law Review
No abstract provided.
Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units of trade that are fungible, such as tons of sulfur dioxide or kilos of fish. This feature of trading promotes resource allocation efficiency while advancing environmental protection. But most commodities exchanged in current and proposed ETMs, such as wetlands and endangered species habitat, exhibit nonfungibilities across the dimensions of type, time, and space. Using ETMs to trade these commodities is no longer trading "environmental apples for apples," …
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
William & Mary Bill of Rights Journal
In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …
Who Spilled Coke On My Laptop?, D. French Slaughter Iii
Who Spilled Coke On My Laptop?, D. French Slaughter Iii
William & Mary Annual Tax Conference
No abstract provided.
Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy
Abandoned And Unclaimed Property: Legislative Update In Virginia, Robert G. Mcelroy
William & Mary Annual Tax Conference
No abstract provided.
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
Michigan Law Review
A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Duke Law Journal
No abstract provided.
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Duke Law Journal
No abstract provided.
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Duke Law Journal
This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of status. I argue that the states' experiment with deregulated education and the Supreme Court's understanding of the limitations imposed by the federal Equal Protection Clause on status-conscious state action are substantially in conflict, though not inevitably so. Reconciling state policy and federal constitutional law requires, first, that state legislatures draft laws that are consistent with the Court's skepticism of explicitly status-conscious state action, and its ambivalence toward state action that addresses …
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
Duke Law Journal
Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …
Deference And Disability Discrimination, Rebecca H. White
Deference And Disability Discrimination, Rebecca H. White
Scholarly Works
In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
All Faculty Scholarship
I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …