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2004

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Articles 7981 - 8010 of 9707

Full-Text Articles in Law

Comment, Calvin P. Griffith Jan 2004

Comment, Calvin P. Griffith

Case Western Reserve Law Review

No abstract provided.


Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker Jan 2004

Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker

Case Western Reserve Law Review

No abstract provided.


The Individual Vs. The Employer: Who Should Be Held Liable Under Employment Discrimination Law ?, Tammi J. Lees Jan 2004

The Individual Vs. The Employer: Who Should Be Held Liable Under Employment Discrimination Law ?, Tammi J. Lees

Case Western Reserve Law Review

No abstract provided.


The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel Jan 2004

The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel

Case Western Reserve Law Review

No abstract provided.


The Debate Over Genetically Modified Crops In The United States: Reassessment Of Notions Of Harm, Difference, And Choice, Matthew Rich Jan 2004

The Debate Over Genetically Modified Crops In The United States: Reassessment Of Notions Of Harm, Difference, And Choice, Matthew Rich

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 54 Issue 4 (2004) Jan 2004

Masthead, Volume 54 Issue 4 (2004)

Case Western Reserve Law Review

No abstract provided.


Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck Jan 2004

Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck

Case Western Reserve Law Review

No abstract provided.


What Is Commercial Speech - The Issue Not Decided In Nike V. Kasky, Erwin Chemerinsky, Catherine Fisk Jan 2004

What Is Commercial Speech - The Issue Not Decided In Nike V. Kasky, Erwin Chemerinsky, Catherine Fisk

Case Western Reserve Law Review

No abstract provided.


Paternalism, Politics, And Citizen Freedom: The Commercial Speech Quandary In Nike, C. Edwin Baker Jan 2004

Paternalism, Politics, And Citizen Freedom: The Commercial Speech Quandary In Nike, C. Edwin Baker

Case Western Reserve Law Review

No abstract provided.


U.S. Anti-Money Laundering Regulations: An Economic Approach To Cyberlaundering, Shawn Turner Jan 2004

U.S. Anti-Money Laundering Regulations: An Economic Approach To Cyberlaundering, Shawn Turner

Case Western Reserve Law Review

No abstract provided.


The Solution To The Filibuster Problem: Putting The Advice Back In Advice And Consent, Laura T. Gorjanc Jan 2004

The Solution To The Filibuster Problem: Putting The Advice Back In Advice And Consent, Laura T. Gorjanc

Case Western Reserve Law Review

No abstract provided.


"In Connection With": The Need For Limitation To Sec Rule 10b-5 In Dissemination Of Misleading Information Cases, Brendan J. Mccarthy Jan 2004

"In Connection With": The Need For Limitation To Sec Rule 10b-5 In Dissemination Of Misleading Information Cases, Brendan J. Mccarthy

Case Western Reserve Law Review

No abstract provided.


Afterword: Free The Fortune 500 - The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla Jan 2004

Afterword: Free The Fortune 500 - The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla

Case Western Reserve Law Review

No abstract provided.


Symposium: The Roles Of Markets And Governments: Introduction, Andrew P. Morriss Jan 2004

Symposium: The Roles Of Markets And Governments: Introduction, Andrew P. Morriss

Case Western Reserve Law Review

No abstract provided.


Originalism And The Affirmative Action Decisions, Douglas G. Smith Jan 2004

Originalism And The Affirmative Action Decisions, Douglas G. Smith

Case Western Reserve Law Review

No abstract provided.


Environmental Religion: A Theological Critique, Robert H. Nelson Jan 2004

Environmental Religion: A Theological Critique, Robert H. Nelson

Case Western Reserve Law Review

No abstract provided.


The Fable Of Federal Environmental Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler Jan 2004

The Fable Of Federal Environmental Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.


Turning The Commerce Clause Challenge "On Its Face": Why Federal Commerce Clause Statutes Demand Facial Challenges, Nathaniel Stewart Jan 2004

Turning The Commerce Clause Challenge "On Its Face": Why Federal Commerce Clause Statutes Demand Facial Challenges, Nathaniel Stewart

Case Western Reserve Law Review

No abstract provided.


Public Health, Environmental Protection, And The Dormant Commerce Clause: Maintaining State Sovereignty In The Federalist Structure, Andrew D. Thompson Jan 2004

Public Health, Environmental Protection, And The Dormant Commerce Clause: Maintaining State Sovereignty In The Federalist Structure, Andrew D. Thompson

Case Western Reserve Law Review

No abstract provided.


Volume 55 Issue 2 (2004), Case Western Reserve Law Review Jan 2004

Volume 55 Issue 2 (2004), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson Jan 2004

The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson

Case Western Reserve Law Review

No abstract provided.


Gay And Lesbian Access To Assisted Reproductive Technology, John A. Robertson Jan 2004

Gay And Lesbian Access To Assisted Reproductive Technology, John A. Robertson

Case Western Reserve Law Review

No abstract provided.


Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey Jan 2004

Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Was Bedeutet "Terrorismus?", Michael P. Malloy Jan 2004

Was Bedeutet "Terrorismus?", Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


Markets In Transition: Reconstruction And Development: Introduction, Elizabeth Rindskopf Parker Jan 2004

Markets In Transition: Reconstruction And Development: Introduction, Elizabeth Rindskopf Parker

McGeorge School of Law Scholarly Articles

No abstract provided.


Insurance Decisions - A Survey And Empirical Analysis, Willy E. Rice Jan 2004

Insurance Decisions - A Survey And Empirical Analysis, Willy E. Rice

Faculty Articles

During the period from June 2002 to July 2003, the Court of Appeals for the Fifth Circuit decided twenty-two appeals originating in eight federal district courts. Certainly, the greater majority of the insurance appeals involved recurring substantive and procedural conflicts. Major disagreements about the interpretation and enforcement of insurance contracts were before the court. Also, federal preemption questions and conflicts over subject-matter jurisdiction appeared in several cases. Furthermore, the Fifth Circuit addressed one case of first impression, and on remand from the Supreme Court, the appellate court modified and reinstated portions of a vacated opinion. For the most part, the …


Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo Jan 2004

Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo

Articles

Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …


Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld Jan 2004

Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld

Michigan Journal of Race and Law

This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …


Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas Jan 2004

Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas

Michigan Journal of Race and Law

This Article concludes that political dialogue engendered by controversial minority judicial nominations, like those of Miguel Estrada and Janice Rogers Brown, could be an avenue to educating the polity as to why it is important to achieve greater minority representation on the bench. The pluralistic process-based model of judging advocates that a critical mass of diverse judges be achieved, not that the minority judges be liberal rather than conservative, communitarian rather than individualist, or Democrat rather than Republican. The goal is that there be a critical mass of minority judges on benches that make decisions as a group, like circuit …


Force, Inc.: The Privatization Of Punishment, Policing, And Military Force In Liberal States, Clifford Rosky Jan 2004

Force, Inc.: The Privatization Of Punishment, Policing, And Military Force In Liberal States, Clifford Rosky

Utah Law Faculty Scholarship

Should our punishment, policing, and military institutions be public, private, or both? Is there a special link between the project of government and the exercise of force? These two questions have vexed philosophers for several centuries, and lately, they have begun to present more practical problems as well. In the past three decades, private punishment, policing, and military markets have blossomed and boomed in liberal states. Private prisons, police, and armies have been popping up around the world, punishing criminals, fighting crimes, keeping peace, and waging war. The use of force has generated unprecedented profits, and the boundaries between public …