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Articles 751 - 780 of 8864
Full-Text Articles in Law
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Opposing Excessive Use Of Employer Bargaining Power In Mandatory Arbitration Agreements Through Collective Employee Actions, Michael Z. Green
Opposing Excessive Use Of Employer Bargaining Power In Mandatory Arbitration Agreements Through Collective Employee Actions, Michael Z. Green
Faculty Scholarship
When you review the modern employment relationship and the role of contract, you have to start with the default position of employment-at-will, which allows an employer, in general, to terminate an employee for good reason, bad reason, or no reason at all. A number of exceptions to the employment-at-will rule exist, including tort and statutory employment discrimination claims that allow employees to seek legal remedies and punitive damage awards from juries. As these exceptions have developed outside of contract law, employers have responded by a major contractual effort to shift these disputes away from the courts and into arbitration. The …
The Pernicious Effect Of Employment Relationships On The Law Of Contracts, Franklin G. Snyder
The Pernicious Effect Of Employment Relationships On The Law Of Contracts, Franklin G. Snyder
Faculty Scholarship
The relationship between employment and contract law is peculiar. On the one hand, employment in modern American society seems to be a classic voluntary agreement among consenting adults. It is a "promise or a set of promises," in the wooden but circular language of the Restatement, "for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty." Thus, employment relationships figure prominently in a great many landmark contract law decisions, in areas like capacity, duress, certainty, consideration, promissory estoppel, illegality and public policy, anticipatory repudiation, mitigation of …
Implications Of The Precautionary Principle For Environmental Regulation In The United States: Examples From The Control Of Hazardous Air Pollutants In The 1990 Clean Air Act Amendments, Bernard D. Goldstein, Russellyn S. Carruth
Implications Of The Precautionary Principle For Environmental Regulation In The United States: Examples From The Control Of Hazardous Air Pollutants In The 1990 Clean Air Act Amendments, Bernard D. Goldstein, Russellyn S. Carruth
Law and Contemporary Problems
Goldstein and Carruth argue that the hazardous air pollutant provisions of the 1990 Clean Air Act Amendments provide an example of the Precautionary Principle incorporated into US environmental legislation. Evaluating the outcome thus far leads them to the conclusion that utilizing the Precautionary Principle as a basis for legislation can be problematic to public-health goals.
A Reasonable Burden: The Need For A Uniform Burden Of Proof Scheme In Reasonable Accommodation Claims, Kellyann Everly
A Reasonable Burden: The Need For A Uniform Burden Of Proof Scheme In Reasonable Accommodation Claims, Kellyann Everly
University of Dayton Law Review
No abstract provided.
Tony Soprano's Privacy Rights: Internet Cookies, Wiretapping Statutes, And Federal Computer Crimes After In Re Doubleclick, Terry W. Posey Jr.
Tony Soprano's Privacy Rights: Internet Cookies, Wiretapping Statutes, And Federal Computer Crimes After In Re Doubleclick, Terry W. Posey Jr.
University of Dayton Law Review
No abstract provided.
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Scholarly Works
Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
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.
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his behavior. …
The Evolution Of Equality In American Law, Gerald Torres
The Evolution Of Equality In American Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Grading The Government, Richard Parker
Grading The Government, Richard Parker
Faculty Articles and Papers
For over a decade, scathing critiques of government have been fueled by a group of studies called regulatory scorecards, which purport to show that the costs of many government regulations vastly outweigh their benefits. One widely-cited study by John Morrall, an OMB economist, claims that government regulations cost up to $72 billion per life saved. Another study, co-authored by Bush's regulatory czar, John Graham, claims that over 60,000 people lose their lives each year due to irrational government regulation. A third group of scorecards - compiled by Robert Hahn of the AEI-Brookings Joint Center for Regulatory Studies - claims that …
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
Law Faculty Scholarly Articles
Recent examples of managerial misconduct at major corporations have called into question the adequacy of the gatekeeper role provided by transactional lawyers representing corporations. That role is governed by Model Rule 1.13(b), which obligates the lawyer for a corporation to take remedial action if the lawyer knows that corporate managers are engaged in actions that amount to a "violation of a legal obligation" to the corporation or that are unlawful and likely to result in substantial injury to the corporation. In addition, Model Rule 1.2(d) forbids a lawyer from lending assistance to any action by corporate managers "that the lawyer …
War And Insurance, Josiah Royce
War And Insurance, Josiah Royce
Connecticut Insurance Law Journal
No abstract provided.
Universities And Other Institutions Of Higher Learning - Recent Developments In The Law
Universities And Other Institutions Of Higher Learning - Recent Developments In The Law
The Journal of Law and Education
No abstract provided.
State College Savings And Prepaid Tuition Plans: A Reappraisal And Review, Michael A. Olivas
State College Savings And Prepaid Tuition Plans: A Reappraisal And Review, Michael A. Olivas
The Journal of Law and Education
No abstract provided.
Contents And Editorial Board, North Carolina Journal Of Law & Technology
Contents And Editorial Board, North Carolina Journal Of Law & Technology
North Carolina Journal of Law & Technology
No abstract provided.
Title And Copyright Pages, North Carolina Journal Of Law & Technology
Title And Copyright Pages, North Carolina Journal Of Law & Technology
North Carolina Journal of Law & Technology
No abstract provided.
I Spy Something Read - Employer Monitoring Of Personal Employee Webmail Accounts, Kevin W. Chapman
I Spy Something Read - Employer Monitoring Of Personal Employee Webmail Accounts, Kevin W. Chapman
North Carolina Journal of Law & Technology
No abstract provided.
Lexmark International, Inc. V. Static Control Components: Enjoining Proper Usage Of The Digital Millennium Copyright Act's Anti-Circmumvention Provisions, Natalie Bajalcaliev
Lexmark International, Inc. V. Static Control Components: Enjoining Proper Usage Of The Digital Millennium Copyright Act's Anti-Circmumvention Provisions, Natalie Bajalcaliev
North Carolina Journal of Law & Technology
No abstract provided.
Incentives And Innovation: Pharmaceutical Research And Low-Income Groups Under The Proposed Medicare Prescription Drug Benefit, Christopher Sean Jackson
Incentives And Innovation: Pharmaceutical Research And Low-Income Groups Under The Proposed Medicare Prescription Drug Benefit, Christopher Sean Jackson
North Carolina Journal of Law & Technology
No abstract provided.
Front Matter, North Carolina Journal Of Law & Technology
Front Matter, North Carolina Journal Of Law & Technology
North Carolina Journal of Law & Technology
No abstract provided.
Biotechs Beware: Safe Harbor No More, Shawn C. Troxler
Biotechs Beware: Safe Harbor No More, Shawn C. Troxler
North Carolina Journal of Law & Technology
No abstract provided.
Follow The Leaders: A Constructive Examination Of Existing Regulatory Tools That Could Be Applied To Internet Gambling, Ronnie D. Crisco Jr.
Follow The Leaders: A Constructive Examination Of Existing Regulatory Tools That Could Be Applied To Internet Gambling, Ronnie D. Crisco Jr.
North Carolina Journal of Law & Technology
No abstract provided.
Remarks Of J. Howard Beales, Iii, Director, Bureau Of Consumer Protection, Federal Trade Commission, Before The 2003 Symposium On The Patriot Act, Consumer Privacy, And Cybercrime, J. Howard Beales Iii
Remarks Of J. Howard Beales, Iii, Director, Bureau Of Consumer Protection, Federal Trade Commission, Before The 2003 Symposium On The Patriot Act, Consumer Privacy, And Cybercrime, J. Howard Beales Iii
North Carolina Journal of Law & Technology
No abstract provided.
Toxicogenomics: Toward The Future Of Toxic Tort Causation, Jon R. Pierce, Terrence Sexton
Toxicogenomics: Toward The Future Of Toxic Tort Causation, Jon R. Pierce, Terrence Sexton
North Carolina Journal of Law & Technology
No abstract provided.
The Constitutional Scholar, Irwin P. Stotzky
The Constitutional Scholar, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.