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Articles 1 - 12 of 12
Full-Text Articles in Law
Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter
Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter
Georgia State University Law Review
No abstract provided.
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Georgia State University Law Review
No abstract provided.
A Missed Opportunity To Clarify The Burden Of Proof As To Truth Or Falsity Under Missouri Defamation Law: Kenney V. Wal-Mart Stores, Inc., Aaron L. Pawlitz
A Missed Opportunity To Clarify The Burden Of Proof As To Truth Or Falsity Under Missouri Defamation Law: Kenney V. Wal-Mart Stores, Inc., Aaron L. Pawlitz
Saint Louis University Law Journal
No abstract provided.
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Scholarly Works
The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center
Energy Field Tour 2003 (August 11-16)
Congressional staff tour held August 11-16, 2003
Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour
Contents:
MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …
Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester
Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester
Marquette Intellectual Property Law Review
This Comment analyzes the escalating effects of Internet banner ads and gray marketers on trademark owners' ability to control the use and sale of their marks as keywords and metatags. To unify these concepts, Ms. Nester utilizes the facts behind a suit filed by Estee Lauder, Inc. against an Internet fragrance retailer and an Internet search engine. The suit alleged trademark infringement and unfair competition, among other things, for the Internet entities' unauthorized uses of Estee Lauder's registered trademarks in fragrances. The author explores the facilitating and enabling effect of the Internet on gray market, or parallel importation, activity, such …
Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter
Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter
All Faculty Scholarship
This Article presents a model that can be used to explain key elements of Delaware takeover law. By incorporating corporate policy as a key variable in the model, Delaware law’s management discretion rule can be shown to be best suited for maximizing the value of the corporation and the shareholders’ interest under a set of reasonable assumptions. By allowing for occasional market mispricing and the agency costs associated with managing to the market, we demonstrate that a shareholder choice regime would likely lead to suboptimal investment decisions. In our model, managers are assumed to have better information regarding alternative corporate …
The Princess And The Pea: The Assurance Of Voluntary Compliance Between The Texas Attorney General And Aetna's Texas Hmos And Its Impact On Financial Risk Shifting By Managed Care, Brant S. Mittler, Andre Hampton
The Princess And The Pea: The Assurance Of Voluntary Compliance Between The Texas Attorney General And Aetna's Texas Hmos And Its Impact On Financial Risk Shifting By Managed Care, Brant S. Mittler, Andre Hampton
Faculty Articles
The Texas Attorney General attempts to regulate managed care organizations and their shifting of financial risk by utilizing Assurance Voluntary Compliance to make the costs associated with the provisions of health insurance more transparent. A primary technique used to shift financial risk to providers of healthcare services is through the use of downstream entities which are commonly provider-sponsored organizations. It is the relationship between the downstream entity and the individual physicians that ultimately affects patient care, the doctor-patient relationship, and the quality of care. The regulatory community throughout the United States has made the regulation of downstream entities its number …
Dueling Democracies: Protecting Labor Representation Elections From Governmental Interference, John W. Teeter Jr
Dueling Democracies: Protecting Labor Representation Elections From Governmental Interference, John W. Teeter Jr
Faculty Articles
Public officials should be free to support or oppose unionization, but we must prevent their electioneering from undermining the industrial democracy of labor representative elections. Such elections are designed to be freely held; workers decide whether they wish to be represented by a union for purposes of collective bargaining. This choice of whether to unionize is for the workers alone without any governmental favoritism or coercion.
Government officials however have repeatedly jeopardized laboratory conditions by campaigning in labor representation elections. The Board should reassure workers of their right to cast uncoerced ballots, clarify that the political officials are not declaring …
It Is Not So Simply Because An Expert Says It Is So: The Reliability Of Gang Expert Testimony Regarding Membership In Criminal Street Gangs: Pushing The Limits Of Texas Rule Of Evidence 702., Placido G. Gomez
St. Mary's Law Journal
The mechanisms developed by the criminal justice system addressing the criminal activities of street gangs, for the most part, have proved ineffective. The evolution of gangs, their complex structure, and multipurpose focus keep them one step ahead of law enforcement. The most recent weapon created to fight the war on gangs, the civil injunction, suffers from numerous inadequacies. One concern is that civil injunctions raise numerous constitutional concerns. Another is that these injunctions fall short of constitutional demands. Furthermore, the practical implementation of the injunction forces an analysis of the reliability of the gang expert’s testimony. This Article proposes courts …
“Absolute And Perfect Candor” To Clients, Vincent R. Johnson
“Absolute And Perfect Candor” To Clients, Vincent R. Johnson
Faculty Articles
The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical.
Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …