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2005

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Articles 1 - 30 of 4687

Full-Text Articles in Law

Quoting The Bible: The Use Of Religious References In Judicial Decision-Making, Sanja Zgonjanin Dec 2005

Quoting The Bible: The Use Of Religious References In Judicial Decision-Making, Sanja Zgonjanin

City University of New York Law Review

No abstract provided.


Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton Dec 2005

Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton

City University of New York Law Review

No abstract provided.


Reimagining The Right To Commercial Sex: The Impact Of Lawrence V. Texas On Prostitution Statutes, Belkys Garcia Dec 2005

Reimagining The Right To Commercial Sex: The Impact Of Lawrence V. Texas On Prostitution Statutes, Belkys Garcia

City University of New York Law Review

No abstract provided.


Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines Dec 2005

Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines

City University of New York Law Review

No abstract provided.


Helene Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres Dec 2005

Helene Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

City University of New York Law Review

No abstract provided.


Front Matter Dec 2005

Front Matter

City University of New York Law Review

No abstract provided.


Shaken From Her Pedestal: A Decade Of New York City's Sex Industry Under Siege, Jennifer Cook Dec 2005

Shaken From Her Pedestal: A Decade Of New York City's Sex Industry Under Siege, Jennifer Cook

City University of New York Law Review

No abstract provided.


The Chinese Dilemma: Practical Solutions To Irresponsible Immigration Reform And The Ensuing Circuit Court Traffic Jam, Zachary Slapsys Dec 2005

The Chinese Dilemma: Practical Solutions To Irresponsible Immigration Reform And The Ensuing Circuit Court Traffic Jam, Zachary Slapsys

City University of New York Law Review

No abstract provided.


Editor's Note, Padraig O'Malley Dec 2005

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …


One Morning In Morocco, Eli Mechanic Dec 2005

One Morning In Morocco, Eli Mechanic

New England Journal of Public Policy

Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.


The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell Dec 2005

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.


We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton Dec 2005

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …


Corporate Governance. Strategy. And Supply Management Performance: An Empirical Analysis Of Companies Listed In The São Paulo Stock Exchange, Wesley Mendes-Da-Silva, Ervin L. Black Dec 2005

Corporate Governance. Strategy. And Supply Management Performance: An Empirical Analysis Of Companies Listed In The São Paulo Stock Exchange, Wesley Mendes-Da-Silva, Ervin L. Black

Brigham Young University International Law & Management Review

No abstract provided.


Whither The Doha Round?, Michael L. Jensen Dec 2005

Whither The Doha Round?, Michael L. Jensen

Brigham Young University International Law & Management Review

No abstract provided.


Much Ado About Nothing: Looking Past The Drama Of The Sarbanes-Oxley Act And Reevaluating The U.S. Delisting Trend Among Non-U.S. Firms, Kalani A. Morse Dec 2005

Much Ado About Nothing: Looking Past The Drama Of The Sarbanes-Oxley Act And Reevaluating The U.S. Delisting Trend Among Non-U.S. Firms, Kalani A. Morse

Brigham Young University International Law & Management Review

No abstract provided.


Anti-Monopoly Law In China: A Socialist Market Economy Wrestles With Its Antitrust Regime, Jared A. Berry Dec 2005

Anti-Monopoly Law In China: A Socialist Market Economy Wrestles With Its Antitrust Regime, Jared A. Berry

Brigham Young University International Law & Management Review

No abstract provided.


The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci Dec 2005

The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci

Brigham Young University International Law & Management Review

No abstract provided.


Governança Corporativa, Estratégia E Desempenho Da Gestão De Supreminetos: Uma Análise Empírica Com Indústrias Listadas Na Bovespa Dec 2005

Governança Corporativa, Estratégia E Desempenho Da Gestão De Supreminetos: Uma Análise Empírica Com Indústrias Listadas Na Bovespa

Brigham Young University International Law & Management Review

No abstract provided.


The Law And Economics Of Wardrobe Malfunction, Keith Brown, Adam Candeub Dec 2005

The Law And Economics Of Wardrobe Malfunction, Keith Brown, Adam Candeub

BYU Law Review

No abstract provided.


Table Of Contents Dec 2005

Table Of Contents

BYU Law Review

No abstract provided.


Tax Protestors And Penalties: Ensuring Perceived Fairness And Mitigating Systemic Costs, Danshera Cords Dec 2005

Tax Protestors And Penalties: Ensuring Perceived Fairness And Mitigating Systemic Costs, Danshera Cords

BYU Law Review

No abstract provided.


There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton Dec 2005

There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton

BYU Law Review

No abstract provided.


Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws Dec 2005

Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws

BYU Law Review

No abstract provided.


From Direct "Public Use" To Indirect "Public Benefit": Kelo V. New London's Bridge From Rational Basis To Heightened Scrutiny For Eminent Domain Takings, Trent Christensen Dec 2005

From Direct "Public Use" To Indirect "Public Benefit": Kelo V. New London's Bridge From Rational Basis To Heightened Scrutiny For Eminent Domain Takings, Trent Christensen

BYU Law Review

No abstract provided.


Wait! Don't Fire That Blogger! What Limits Does Labor Law Impose On Employer Regulation Of Employee Blogs?, Carson Strege-Flora Dec 2005

Wait! Don't Fire That Blogger! What Limits Does Labor Law Impose On Employer Regulation Of Employee Blogs?, Carson Strege-Flora

Washington Journal of Law, Technology & Arts

The Ninth Circuit Court of Appeals recently issued a decision protecting the right of an employee to post critical comments about his employer on a website. The court found that the employer’s discipline was an unfair labor practice prohibited by federal labor law because it was “concerted activity” protected by the National Labor Relations Act (NLRA). Employers wishing to discipline employees for their public blogging activity should be familiar with the protections provided by the NLRA. This Article explores the consequences for violating the Act and addresses what employers should consider when attempting to limit employee blogging.


The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan Dec 2005

The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan

Washington Journal of Law, Technology & Arts

The fight to curb the ever-increasing amount of unsolicited commercial email or “spam” showing up in the inboxes of American businesses has generated both state and federal legislation. The CAN-SPAM Act of 2003 was enacted to create a bright-line between spam and legal commercial email. The Act preempted many state spam laws but also left significant enforcement abilities to the individual states. States that elect to create large civil damages for spam without criminalizing the transmission of unsolicited commercial email run the risk of winning cases where the damage awards are largely unenforceable and not effective deterrents to big-time spammers. …


American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan Dec 2005

American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan

Washington Journal of Law, Technology & Arts

Trademark owners in America and Europe are attacking the lucrative practice of selling search results and advertising linked to searches based on product names and trademarks, which is known as trademark keying. From makers of luxury products to travel companies, and insurance companies to home décor vendors, companies have sued Internet search providers to stop this practice that they believe amounts to trademark infringement. Recent cases against search engine companies in American and French courts reflect divergent views on the legality of the practice at this early stage of the debate. This Article evaluates recent rulings in both jurisdictions which …


Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis Dec 2005

Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis

Washington Journal of Law, Technology & Arts

This article explores electronic case filing and the duties of lawyers with regard to electronic filing. A recent federal district court case held that an attorney’s failure affirmatively to check the status of his case via email or the court’s PACER system, which resulted in dismissal of the case, did not constitute excusable neglect under Rule 60(b)(1) of the Federal Rules of Civil Procedure. This holding imputes a professional duty on lawyers who use the electronic filing system to check email and the status of their case, suggesting that breaching of such duty may constitute malpractice.


When Small Technology Is A Big Deal: Legal Issues Arising From Business Use Of Rfid, D. Zachary Hostetter Dec 2005

When Small Technology Is A Big Deal: Legal Issues Arising From Business Use Of Rfid, D. Zachary Hostetter

Washington Journal of Law, Technology & Arts

Radio Frequency Identification (“RFID”) is a wireless tracking technology. Goods fitted with radio tags can communicate with computers via radio waves, revolutionizing methods to locate and catalogue goods at every stage of the supply line. Current research predicts that 40% of all inventory intensive businesses will have such wireless tracking systems by the end of 2005. This article examines current legal trends that impact business use of RFID including contractual considerations to properly allocate risks attendant with implementation of RFID, FCC regulation of RFID, and consumer privacy concerns.


Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash Dec 2005

Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash

Duke Law & Technology Review

The legal concerns involving the application of cloning technology to humans should be of utmost concern, as the area is extremely complex. Cloning could potentially have great benefits or disastrous effects. Lawmakers have been careful to make certain that the legislation passed is comprehensive and useful for regulation of the ever-changing field of cloning. From debates on whether reproductive or therapeutic cloning should be permitted or banned, to concerns as to who has jurisdiction over cloning, the battle to develop cloning legislation has been difficult. However, this iBrief argues that the currently-proposed federal legislation is constitutional.