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Articles 6931 - 6960 of 9191
Full-Text Articles in Law
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman
St. Mary's Law Journal
This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …
Those Dangerous Student Prayers., Kelly J. Coghlan
Those Dangerous Student Prayers., Kelly J. Coghlan
St. Mary's Law Journal
Abstract Forthcoming.
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
St. Mary's Law Journal
Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …
Internet Property Rights: E-Trespass., John D. Saba Jr.
Internet Property Rights: E-Trespass., John D. Saba Jr.
St. Mary's Law Journal
Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …
Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub
Case Western Reserve Journal of International Law
This is called an article in the print version, but it appears to be (a note) written by a law student.
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Case Western Reserve Journal of International Law
No abstract provided.
Alumni Newsletter - Issue No. 75, University Of Maine School Of Law
Alumni Newsletter - Issue No. 75, University Of Maine School Of Law
Maine Law Magazine
- Inside front Cover: tribute to David Gregory
- Dean’s Column
- Cumberland Legal Aid Clinic
- Around Campus
- Faculty News
- Alumni News
The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg
The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg
Graduate Student Dissertations, Theses, Capstones, and Portfolios
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The Clash Of Stories At Chimney Rock: A Narrative Approach To Cultural Conflict Over Native American Sacred Sites On Public Land, Howard J. Vogel
The Clash Of Stories At Chimney Rock: A Narrative Approach To Cultural Conflict Over Native American Sacred Sites On Public Land, Howard J. Vogel
Santa Clara Law Review
No abstract provided.
Dilution By Blurring Under The Federal Trademark Dilution Act Of 1995: What Is It And How Is It Shown?, Terry Ahearn
Dilution By Blurring Under The Federal Trademark Dilution Act Of 1995: What Is It And How Is It Shown?, Terry Ahearn
Santa Clara Law Review
No abstract provided.
The Fourth Branch Of Government? You Bet., Peter Schrag
The Fourth Branch Of Government? You Bet., Peter Schrag
Santa Clara Law Review
No abstract provided.
California Initiatives: If They Ain't Broke, Don't Fix 'Em, Bill Zimmerman
California Initiatives: If They Ain't Broke, Don't Fix 'Em, Bill Zimmerman
Santa Clara Law Review
No abstract provided.
Constraining Populism: The Real Challenge Of Initiative Reform, Kenneth P. Miller
Constraining Populism: The Real Challenge Of Initiative Reform, Kenneth P. Miller
Santa Clara Law Review
No abstract provided.
Breaking The Sovereignty Barrier: The United States And The International Criminal Court, Alex Ward
Breaking The Sovereignty Barrier: The United States And The International Criminal Court, Alex Ward
Santa Clara Law Review
No abstract provided.
Bad News For Those Proclaiming The Good News: The Employer's Ambiguous Duty To Accommodate Religious Proselytizing, Michael D. Moberly
Bad News For Those Proclaiming The Good News: The Employer's Ambiguous Duty To Accommodate Religious Proselytizing, Michael D. Moberly
Santa Clara Law Review
No abstract provided.
Erisa: The Savings Clause 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan
Erisa: The Savings Clause 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan
Santa Clara Law Review
No abstract provided.
Book Review [The Bakke Case: Race, Education, And Affirmative Action], Santa Clara Law Review
Book Review [The Bakke Case: Race, Education, And Affirmative Action], Santa Clara Law Review
Santa Clara Law Review
No abstract provided.
Transmissions Of Music On The Internet, Daniel J. Gervais
Transmissions Of Music On The Internet, Daniel J. Gervais
Vanderbilt Journal of Transnational Law
This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …
The Regulatory History Of A New Technology: The Electromagnetic Telegraph, Alexander J. Field
The Regulatory History Of A New Technology: The Electromagnetic Telegraph, Alexander J. Field
Economics
Attitudes toward economic regulation in the United States have, since colonial times, been influenced by an almost schizophrenic oscillation between dirigiste and laissez-faire ideology. The laissez-faire tradition maintains that within a legal system providing elementary guarantees against force and fraud, business enterprise should be allowed the maximum possible freedom. The dirigiste tradition, on the other hand, recommends government intervention in a variety of situations, including those where the social return may exceed the private rate of return to research and development spending, in cases of natural monopoly, or where a firm has erected barriers to entry that give it effective …
Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton
Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton
Upjohn Press
Thomason, Schmidle, and Burton make use of a unique data set to delve into how insurance arrangements affect several objectives of the workers' compensation (WC) program. They underscore the effects of deregulation and other changes in WC insurance pricing arrangements by performing empirical analyses that use state-specific cost, benefit, and injury data from 48 states for 1975-1995. This allows them to address the interactive relationships among the four objectives of WC systems adequacy of benefits, affordability of WC insurance, efficiency in the benefits delivery system, and prevention of workplace injuries and diseases and how various public policies adopted by states …
Exploring The Contours Of Agent Regulation: The Uniform Athlete Agents Act, Robert N. Davis
Exploring The Contours Of Agent Regulation: The Uniform Athlete Agents Act, Robert N. Davis
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia
The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter
Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
Articles
No abstract provided.
Berle And Means Reconsidered At The Century's Turn, William Wilson Bratton
Berle And Means Reconsidered At The Century's Turn, William Wilson Bratton
Articles
No abstract provided.