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Articles 1 - 30 of 9683
Full-Text Articles in Law
Utah V. Reyes : Brief Of Appellant, Utah Court Of Appeals
Utah V. Reyes : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
No abstract provided.
Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari
Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari
World Maritime University Dissertations
No abstract provided.
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Faculty Scholarship
War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …
The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li
The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li
World Maritime University Dissertations
No abstract provided.
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
Faculty Scholarship
Fears that terrorists may have the capabilities and intent to disseminate a variety of biologic agents has once again brought smallpox into the American consciousness. On December 13, 2002, recognizing that the global discontinuation of routine smallpox vaccination over two decades ago had left most Americans unprotected and vulnerable to the ravaging effects of the virus, the President announced a precautionary measure to begin vaccinating teams of emergency responders. The program commenced January 24, 2003. In the ensuing months, public health departments scrambled to meet the goal of vaccinating approximately 500,000 first responders, a protected phalanx that could quickly and …
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Nevada Supreme Court Summaries
An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Nevada Supreme Court Summaries
Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.
A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Transnational labor standards are modeled as cooperative solutions to the class of strategic dilemmas known as Stag Hunts, in which all actors would gain from a cooperative solution, but only if all cooperate. If you think a partner will defect, your best strategy is also to defect. Intuitively, India, Pakistan, and Bangladesh will all be better off if none of their children work and all go to school; however if one defects from this agreement it will capture a stream of foreign investment linked to child labor. Understanding Stag Hunts explains why transnational labor standards are found both in genuinely …
Employment Discrimination In A High Velocity Labor Market, Alan Hyde
Employment Discrimination In A High Velocity Labor Market, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Silicon Valley employers employ few African-Americans, Latino/as, or older workers, yet do not fit the usual paradigms of employment discrimination: they exhibit no taste for uniformity and do not employ job tournaments or internal labor markets. A new model of employment discrimination attributes disparate hiring in Silicon Valley to a combination of: demands for specific skill sets at hiring (the opposite of the subjective criteria that have long beguiled scholars of discrimination) and concomitant refusal to train; hiring through networks of personal contacts; and rewards to career paths that alternate employment with self-employment. Overcoming the disparate impact of these employment …
Who Speaks For The Working Poor?: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde
Rutgers Law School (Newark) Faculty Papers
Recent advocacy campaigns for low-wage service workers in New York City reveal a new pattern of representation by legal avocacy groups (like National Employment Law Project or law school clinics), governmental actors (like the state Attorney General or New York City Council), and immigrant rights groups. Such campaigns have won important economic and legal victories for Mexican workers in Korean greengroceries, West African delivery personnel for supermarkets and drug chains, and domestic workers. They have not, however, institutionalized workplace or political representation for these groups. Unions have either been passive, outmaneuvered, or played negative roles in these campaigns. This pattern …
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
The Ohio State University Moritz College of Law Working Paper Series
US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …
Justice In The Palestine-Israel Conflict, John B. Quigley
Justice In The Palestine-Israel Conflict, John B. Quigley
The Ohio State University Moritz College of Law Working Paper Series
Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …
The Paperless Chase: Electronic Voting And Democratic Values, Daniel P. Tokaji
The Paperless Chase: Electronic Voting And Democratic Values, Daniel P. Tokaji
The Ohio State University Moritz College of Law Working Paper Series
The 2000 election ignited a fierce controversy over the machinery used for voting. Civil rights advocates have called for the replacement of outdated paper-based voting equipment, like the infamous “hanging chad” punch card. Yet the introduction of paperless technology, especially electronic “touchscreen” machines, has induced widespread concern that software might be rigged to alter election results. This article examines the debate over electronic voting, which raises fundamental questions about the democratic values that should guide the administration of elections. It frames the debate by defining four equality norms embodied in federal voting rights laws and the Constitution. Electronic voting has …
The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee
The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee
The Ohio State University Moritz College of Law Working Paper Series
This Article provides the first in-depth analysis of the use of foreign authorities to resolve issues related to domestic statutes, particularly focusing on intellectual property (IP) statutes. The study of IP statutes provides a fertile area of research because of the increased pressures for international protection of IP. The Article criticizes the current approach U.S. courts have taken to using foreign authorities in this area, which can best be described as ad hoc. The Article then sets forth a framework by which U.S. courts can decide, more systematically, when to rely on foreign authorities in IP cases. The Article fills …
Uk Competition Appeal Tribunal Rules On Oft’S Duty To Refer Mergers For Investigation, Suyong Kim
Uk Competition Appeal Tribunal Rules On Oft’S Duty To Refer Mergers For Investigation, Suyong Kim
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
On 3 December 2003, the Competition Appeal Tribunal in the UK upheld an application by IBA Health Ltd for judicial review against the Office of Fair Trading's decision not to refer the anticipated merger between iSoft Plc and Torex Plc to the Competition Commissionfor detailed investigation. This is the first case under the new merger control provisions in the Enterprise Act 2002 to come before the Tribunal for judicial review under Section 120 of that Act.
Summary Of Young V. State, 120 Nev. Adv. Rep. 98, Kristen T. Gallagher
Summary Of Young V. State, 120 Nev. Adv. Rep. 98, Kristen T. Gallagher
Nevada Supreme Court Summaries
Defendant Young appealed his criminal conviction, specifically the district court’s decision to deny his motion to dismiss and appoint new counsel. Young maintained that the lower court did not properly inquire into the facts surrounding his motion.
Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum
Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum
ExpressO
The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …
The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman
The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman
Journal of Legal Education
No abstract provided.
Schooling Expectations, James Boyd White
Schooling Expectations, James Boyd White
Journal of Legal Education
No abstract provided.
Why Intellectual Property Belongs In The First-Year Property Course, Roberta Rosenthal Kwall
Why Intellectual Property Belongs In The First-Year Property Course, Roberta Rosenthal Kwall
Journal of Legal Education
No abstract provided.
Teaching Harbeson, David K. Dewolf
Collaborative Examinations: A Way To Help Students Learn, Douglas R. Haddock
Collaborative Examinations: A Way To Help Students Learn, Douglas R. Haddock
Journal of Legal Education
No abstract provided.
Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs
Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs
Journal of Legal Education
No abstract provided.
Willard Keith Bacon V. Norma Jean Bacon, Frank Pommersheim
Willard Keith Bacon V. Norma Jean Bacon, Frank Pommersheim
Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim
No abstract provided.
Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning, Paul L. Caron, Rafael Gely
Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning, Paul L. Caron, Rafael Gely
Journal of Legal Education
No abstract provided.
Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn
Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn
Journal of Legal Education
No abstract provided.
Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang
Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang
Duke Law & Technology Review
The United States Congress recently passed the first federal legislation to curb the influx of spam. However, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") left some measures to be enacted by the Federal Trade Commission ("FTC"), and some consumers are calling for the Act to have a broader reach and for the creation of a Do-Not-E-Mail registry. Conversely, the FTC decided to delay the creation of a registry and opted to assist in the development of a new technological authentication system. This iBrief looks at the current state of spam and explains that it is …
Domestic Violance In The First-Year Torts Curriculum, Jennifer B. Wriggins
Domestic Violance In The First-Year Torts Curriculum, Jennifer B. Wriggins
Journal of Legal Education
No abstract provided.
Restructuring Legal Education In Guatemala: A Model For Law School Reform In Latin America?, Steven E. Hendrix
Restructuring Legal Education In Guatemala: A Model For Law School Reform In Latin America?, Steven E. Hendrix
Journal of Legal Education
No abstract provided.
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Nevada Supreme Court Summaries
No abstract provided.