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Articles 1 - 30 of 4399
Full-Text Articles in Law
Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski
Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski
Journal Articles
No abstract provided.
Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen
Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen
Faculty Scholarship
First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used …
Capital Requirements In United States Corporation Law, Richard A. Booth
Capital Requirements In United States Corporation Law, Richard A. Booth
Working Paper Series
This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the …
The Exit Structure Of Venture Capital, D. Gordon Smith
The Exit Structure Of Venture Capital, D. Gordon Smith
Faculty Scholarship
Venture capital contracts contain extensive provisions regulating exit by the venture capitalists. In this Article, Professor Smith employs financial contracting theory in conjunction with original data collected from 367 venture-backed companies to analyze these exit provisions. He concludes that the combination of exit provisions in a typical venture capital relationship serves to lock venture capitalists into the investment during the initial stage. In later stages of the relationship, the venture capitalists acquire increasing control over exit by securing additional seats on the board of directors and by obtaining contractual exit rights. The result is a sophisticated transfer of control from …
Moral Hazard And The Initial Public Offering, A. Christine Hurt
Moral Hazard And The Initial Public Offering, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Speech Discrimination, John Fee
Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran
Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran
Copyright, Fair Use, Scholarly Communication, etc.
Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …
Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran
Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran
Copyright, Fair Use, Scholarly Communication, etc.
Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Faculty Scholarship
Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the civilian …
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Nevada Supreme Court Summaries
A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada pre-sentencing …
Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah
Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah
Articles
The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court …
Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas
U.S. Supreme Court Briefs
No abstract provided.
Conversations In Legal Education: Herbert Lazerow, December 22, 2005, Herbert Lazerow
Conversations In Legal Education: Herbert Lazerow, December 22, 2005, Herbert Lazerow
Conversations in Legal Education
No abstract provided.
2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al
2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …
Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher
Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Local land use boards, made up of volunteers from the community, decide a majority of the land use issues in New York’s municipalities, as well as most other states. In the past, these decision makers were not required to obtain formal training. Now, several states and municipalities are recognize the substantial impact of land use board decisions, and as a consequence, are providing innovative training for their board members. Land use law becomes more complicated with each passing hour, and through proper training, land use board members can become informed decision makers who maximize the potential of their communities.
Conversations In Legal Education: Herbert Lazerow, December 19, 2005, Herbert Lazerow
Conversations In Legal Education: Herbert Lazerow, December 19, 2005, Herbert Lazerow
Conversations in Legal Education
No abstract provided.
2005 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University
2005 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University
NSU Commencement Programs
No abstract provided.
Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler
Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler
All Faculty Scholarship
“QALYs” (Quality-Adjusted Life Years) are a metric for health and longevity very widely employed by health researchers. Surveys are used to assign health states a quality ranking on zero-one scale, with zero representing a health state no better than death and one perfect health. The total QALY value of a health profile is calculated as the time spent in its component health states, each weighted by its quality. Until a few years ago, despite the huge academic literature on QALY measurement, this approach was seldom used by policymakers in the U.S. But there have been recent signs of governmental interest …
Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans
Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans
Commissioned Reports, Studies and Public Policy Documents
Report submitted to Legal Aid Ontario.
Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, Claus-Dieter Ehlermann
Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, Claus-Dieter Ehlermann
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
The current discussions on a future framework for competition policy within the World Trade Organization ("WTO")have revealed reservations against the full application of the WTO dispute settlement system to such a framework. The current dispute settlement system of the WTO is one of the results of the Uruguay Round negotiations. For an international agreement of nearly universal scope, this system is unique in its obligatory and quasi-automatic character. In general, complaints can be brought to the WTO against national laws which fail to comply with WTO obligations and also against a WTO-inconsistent application of national laws in individual cases. The …
Worst Us Antitrust Decisions...Ever - Part Two, William Kolasky
Worst Us Antitrust Decisions...Ever - Part Two, William Kolasky
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
Last month we invited a panel of three US lawyers to discuss some of the worst antitrust decisions of all time. We now conclude that series, with the second set of candidates for the 'Hall of Shame'. Read the opinions carefully--we'll be picking the worst of the worst in a website survey next month.
Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter
Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter
Nevada Supreme Court Summaries
This case analyzes the scope of NRS 50.315(4), which allows the submission of an affidavit to prove specific facts about blood testing by experts. The scope of the affidavit was challenged as well as the Defendant’s Sixth Amendment right to confront witnesses against him.
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Nevada Supreme Court Summaries
No abstract provided.
In Pittsburgh, Freedom Abridged, Bruce Ledewitz
In Pittsburgh, Freedom Abridged, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
It’S Personal But Is It Mine? Toward Property Rights In Personal Information., Vera Bergelson
It’S Personal But Is It Mine? Toward Property Rights In Personal Information., Vera Bergelson
Rutgers Law School (Newark) Faculty Papers
“It’s Personal But Is It Mine? Toward Property Rights in Personal Information” discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens’ loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners.
In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …
Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement, The State Of Illinois, The State Of Indiana, The State Of Michigan, The State Of Minnesota, The State Of New York, The State Of Ohio, The Province Of Ontario, The Commonwealth Of Pennsylvania, The Government Of Québec, The State Of Wisconsin
Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement, The State Of Illinois, The State Of Indiana, The State Of Michigan, The State Of Minnesota, The State Of New York, The State Of Ohio, The Province Of Ontario, The Commonwealth Of Pennsylvania, The Government Of Québec, The State Of Wisconsin
Water Law Documents
1. The objectives of this Agreement are:
a. To act together to protect, conserve and restore the Waters of the Great Lakes—St. Lawrence River Basin because current lack of scientific certainty should not be used as a reason for postponing measures to protect the Basin Ecosystem;
b. To facilitate collaborative approaches to Water management across the Basin to protect, conserve, restore, improve and efficiently and effectively manage the Waters and Water Dependent Natural Resources of the Basin;
c. To promote co-operation among the Parties by providing common and regional mechanisms to evaluate Proposals to Withdraw Water;
d. To create a …
Great Lakes—St. Lawrence River Basin Water Resources Compact
Great Lakes—St. Lawrence River Basin Water Resources Compact
Water Law Documents
The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by the respective state legislatures and consent by the Congress of the United States as follows:
ARTICLE 1: SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION
ARTICLE 2: ORGANIZATION
ARTICLE 3: GENERAL POWERS AND DUTIES
ARTICLE 4: WATER MANAGEMENT AND REGULATION
ARTICLE 5: TRIBAL CONSULTATION
ARTICLE 6: PUBLIC PARTICIPATION
ARTICLE 7: DISPUTE RESOLUTION AND ENFORCEMENT
ARTICLE 8: ADDITIONAL PROVISIONS
ARTICLE 9: EFFECTUATION
Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law
Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the …
Vol. 29, No. 15 (December 12, 2005)
Commitment To Peace And Social Justice Society V. Minister Of Finance, Aharon Barak, Eliezer Rivlin, Ayala Procaccia, Dorit Beinisch, Asher Grunis, Edmond E. Levy, Mishael Cheshin
Commitment To Peace And Social Justice Society V. Minister Of Finance, Aharon Barak, Eliezer Rivlin, Ayala Procaccia, Dorit Beinisch, Asher Grunis, Edmond E. Levy, Mishael Cheshin
Translated Opinions
Facts: The government decided to reduce the amount of income supplement benefit paid to individuals and families, and to cancel several subsidies given to persons receiving income supplement benefit. The reduction in the amount of income supplement benefit and the cancellation of the subsidies were incorporated into the Income Supplement Law by means of the State Economy Arrangements (Legislative Amendments for Achieving the Budget Goals and the Economic Policy for the 2003 Fiscal Year) Law, 5763-2002.
The petitioners attacked the reduction in the benefit and the cancellation of the subsidies, on the ground that they violated the human right to …