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2005

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Articles 121 - 150 of 10092

Full-Text Articles in Law

Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney Dec 2005

Workplace Flexibility 2010: Facts On Short Term Time Off, Jean Flatley Mcguire, Kaitlyn Kenney

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace (generally 5 days or less) to address anticipated or unexpected issues of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address the routine and emergency situations that occur in everybody’s lives.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for benefits or go to court, or because a worker needs to attend a …


Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman Dec 2005

Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman

ExpressO

This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as …


Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2005

Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order2005-41


Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling Dec 2005

Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling

LLM Theses and Essays

The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …


A Theory Of Interpretation In The Realm Of Idealism, Larry A. Dimatteo Dec 2005

A Theory Of Interpretation In The Realm Of Idealism, Larry A. Dimatteo

ExpressO

No abstract provided.


The Forum (Volume 35, Number 5), Valparaiso University School Of Law Dec 2005

The Forum (Volume 35, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss Dec 2005

Kentucky River At The Intersection Of Professional And Supervisory Status: Fertile Delta Or Bermuda Triangle?, Marley S. Weiss

Faculty Scholarship

No abstract provided.


Georgia Controlled Substance Law, Paul Ghanouni Dec 2005

Georgia Controlled Substance Law, Paul Ghanouni

Law Library Student-Authored Works

No abstract provided.


Appealing Ineffective Assistance Of Counsel, Constance Stansell Dec 2005

Appealing Ineffective Assistance Of Counsel, Constance Stansell

Law Library Student-Authored Works

No abstract provided.


Income Tax Liabilities And Possible Bankruptcy Solutions, Brent Howard Dec 2005

Income Tax Liabilities And Possible Bankruptcy Solutions, Brent Howard

Law Library Student-Authored Works

No abstract provided.


Domestic Violence Victims' Rights, Leslie Donaho Dec 2005

Domestic Violence Victims' Rights, Leslie Donaho

Law Library Student-Authored Works

No abstract provided.


The Haitian Refugee Immigration Fairness Act, Tonya Piper Dec 2005

The Haitian Refugee Immigration Fairness Act, Tonya Piper

Law Library Student-Authored Works

No abstract provided.


Assisted Reproductive Technology And The Law, Margaret Akin Dec 2005

Assisted Reproductive Technology And The Law, Margaret Akin

Law Library Student-Authored Works

No abstract provided.


Fourth Amendment Protection From Government Intrusion Of E-Mail And Internet Communications, William Randall King Dec 2005

Fourth Amendment Protection From Government Intrusion Of E-Mail And Internet Communications, William Randall King

Law Library Student-Authored Works

No abstract provided.


The Role Of The Irrevocable Trust In Estate Planning, Peter Bricks Dec 2005

The Role Of The Irrevocable Trust In Estate Planning, Peter Bricks

Law Library Student-Authored Works

No abstract provided.


Tobacco Regulation Review, V. 4, No. 2, Dec. 2005 Dec 2005

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005

Tobacco Regulation Review

No abstract provided.


Explaining The American Norm Against Litigation, Shawn J. Bayern Dec 2005

Explaining The American Norm Against Litigation, Shawn J. Bayern

Scholarly Publications

In the United States, a social norm discourages people from vindicating at least some of their rights in court. However, if courts are an instrument of justice and of sound public policy-for instance, if they provide fair compensation for injured parties and efficient incentives for potential injurers-then a norm against using courts is puzzling.

This Comment explores and evaluates explanations for the norm against litigation; the Comment's goal is to provide a plausible account of the norm. As such, the Comment is largely descriptive. However, normative implications may follow from my exploration; for instance, to the extent that an explanation …


Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts Dec 2005

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Protecting Our Nation's Political Duopoly: The Supremes Spoil The Libertarians' Party, Gary D. Allison Dec 2005

Protecting Our Nation's Political Duopoly: The Supremes Spoil The Libertarians' Party, Gary D. Allison

Tulsa Law Review

No abstract provided.


Takings And Threes: The Supreme Court's 2004-2005 Term, Marla E. Mansfield Dec 2005

Takings And Threes: The Supreme Court's 2004-2005 Term, Marla E. Mansfield

Tulsa Law Review

No abstract provided.


Promises, Expectations, And Rights, Eduardo Rivera-Lopez Dec 2005

Promises, Expectations, And Rights, Eduardo Rivera-Lopez

Chicago-Kent Law Review

I address the problem of why promises create obligations. First, I spell out and object the so-called "expectational account" according to which the duty to keep our promises arises from the fact that, when we promise to do something, we create an expectation in the promisee, which we have the duty not to disappoint. It has been claimed that this account is circular since we can only raise the expectation, in the appropriate sense, if we already have the moral duty to keep our promise. I argue, against Scanlon and others, that such circularity is unavoidable. In the second section, …


Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset Dec 2005

Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset

Scholarly Publications

No abstract provided.


Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan Dec 2005

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan

Scholarly Publications

Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist …


Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe Dec 2005

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin Dec 2005

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger Dec 2005

Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger

Alaska Law Review

No abstract provided.


The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers Jr., J. B. Crosetto Iii, C. A. Holley, T. C. Kade, J. H. Kaufman, C. M. Kostelec, K. A. Michael, R. J. Sandberg, J. L. Schorr Dec 2005

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers Jr., J. B. Crosetto Iii, C. A. Holley, T. C. Kade, J. H. Kaufman, C. M. Kostelec, K. A. Michael, R. J. Sandberg, J. L. Schorr

Alaska Law Review

No abstract provided.


Cricket And The Cohesive Role Of Sports In Society, Roger I. Abrams Dec 2005

Cricket And The Cohesive Role Of Sports In Society, Roger I. Abrams

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Notes On A Marketplace For Ideas?, Wendy J. Gordon, Oren Bar-Gill, Gideon Parchomovsky Dec 2005

Notes On A Marketplace For Ideas?, Wendy J. Gordon, Oren Bar-Gill, Gideon Parchomovsky

Scholarship Chronologically

The metaphor "a marketplace for ideas" is a prominent theme in First Amendment scholarship.2 In the First Amendment context, ideas provide the impetus for robust public debate, a foundational element of a democratic society. Ideas not only spark debate, but are an indispensable input in technological progress and innovation. While legal and economic scholarship has focused on patents, which protect inventions, little attention has been given to the sine qua non of invention, and therefore of patents: the underlying idea.


Table Of Contents Dec 2005

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.