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2005

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Articles 1351 - 1380 of 10104

Full-Text Articles in Law

Phelps Dodge Corp. V. Ariz. Dep't Of Water, 1 Ca-Cv 04-0491, 2005 Ariz. App. Lexis 108 (Ariz. App. Sept. 1, 2005), James E. Downing Sep 2005

Phelps Dodge Corp. V. Ariz. Dep't Of Water, 1 Ca-Cv 04-0491, 2005 Ariz. App. Lexis 108 (Ariz. App. Sept. 1, 2005), James E. Downing

Water Law Review

No abstract provided.


City Of Burbank V. State Water Res. Control Bd., 108 P.3d 862 (Cal. 2005), Charles P. Kersch Sep 2005

City Of Burbank V. State Water Res. Control Bd., 108 P.3d 862 (Cal. 2005), Charles P. Kersch

Water Law Review

No abstract provided.


Cmtys. For A Better Env't V. State Water Res. Control Bd., 34 Cal. Rptr. 3d 396 (Cal. Ct. App. 2005), Tracy M. Talbot Sep 2005

Cmtys. For A Better Env't V. State Water Res. Control Bd., 34 Cal. Rptr. 3d 396 (Cal. Ct. App. 2005), Tracy M. Talbot

Water Law Review

No abstract provided.


Ready Mixed Concrete Co. V. Farmer Reservoir & Irrigation Co., 115 P.3d 638 (Colo. 2005), James E. Downing Sep 2005

Ready Mixed Concrete Co. V. Farmer Reservoir & Irrigation Co., 115 P.3d 638 (Colo. 2005), James E. Downing

Water Law Review

No abstract provided.


High Plains A & M, Llc V. Southeastern Colo. Water Conservancy Dist., 120 P.3d 710 (Colo. 2005), Donald E. Frick Sep 2005

High Plains A & M, Llc V. Southeastern Colo. Water Conservancy Dist., 120 P.3d 710 (Colo. 2005), Donald E. Frick

Water Law Review

No abstract provided.


Cal. Earth Corps V. Cal. State Lands Comm'n, No. Co41603, 2005 Cal. App. Lexis 627 (Cal. App. Apr. 21, 2005), Brandon Saxon Sep 2005

Cal. Earth Corps V. Cal. State Lands Comm'n, No. Co41603, 2005 Cal. App. Lexis 627 (Cal. App. Apr. 21, 2005), Brandon Saxon

Water Law Review

No abstract provided.


Isg, Llc V. Ark. Valley Ditch Ass'n, 120 P.3d 724 (Colo. 2005), David B. Oakley Sep 2005

Isg, Llc V. Ark. Valley Ditch Ass'n, 120 P.3d 724 (Colo. 2005), David B. Oakley

Water Law Review

No abstract provided.


Carbondale V. Gss Properties, Llc, No. 03ca2523, 2005 Colo. App. Lexis 1473 (Colo. App. Sept. 8, 2005), William S. Hoebel Sep 2005

Carbondale V. Gss Properties, Llc, No. 03ca2523, 2005 Colo. App. Lexis 1473 (Colo. App. Sept. 8, 2005), William S. Hoebel

Water Law Review

No abstract provided.


Osborn V. Town Of Easton Conservation Comm'n, No. Cv030406547s, 2005 Conn. Super. Lexis 999 (Conn. Super. Ct. Apr. 1 2005), Thomas Jantunen Sep 2005

Osborn V. Town Of Easton Conservation Comm'n, No. Cv030406547s, 2005 Conn. Super. Lexis 999 (Conn. Super. Ct. Apr. 1 2005), Thomas Jantunen

Water Law Review

No abstract provided.


Ace Equip. Sales, Inc. V. Buccino, 869 A.2d 626 (Conn. 2005), Michael Graetz Sep 2005

Ace Equip. Sales, Inc. V. Buccino, 869 A.2d 626 (Conn. 2005), Michael Graetz

Water Law Review

No abstract provided.


Wien V. Delaware, 882 A.2d 183 (Del. 2005), Andrew L. Ellis Sep 2005

Wien V. Delaware, 882 A.2d 183 (Del. 2005), Andrew L. Ellis

Water Law Review

No abstract provided.


City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff Sep 2005

City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff

Tulsa Law Review

No abstract provided.


A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori Sep 2005

A Shadow Government: Private Regulation, Free Speech, And Lessons From The Sinclair Blogstorm, Marvin Ammori

Michigan Telecommunications & Technology Law Review

Because of the economics of online information, thousands who do not know each other can band together in hours, without previous organizational coordination or any persistent central coordination, to affect others and conform society to their idea of the social good. This changes the dynamic of political action and the ability of unaffiliated, lone individuals to respond to social acts where government and the market have not. Through ad hoc volunteerism, the Sinclair participants produced regulatory action against a private party with whom they were not transacting--because they believed government failed to do so. Although ad hoc volunteerism has received …


An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling Sep 2005

An Orphan Works Affirmative Defense To Copyright Infringement Actions, Jerry Brito, Bridget Dooling

Michigan Telecommunications & Technology Law Review

Laurence Peter once said that "[o]riginality is the fine art of remembering what you hear but forgetting where you heard it." Yet that clever quip is itself unoriginal. Although there may be nothing new under the sun--the arrangement of different bits of existing cultural matter in new and interesting combinations is the source of much originality. Yet today much of our cultural raw material is outside the reach of creators because of the orphan works problem. This problem renders untouchable a large swath of existing artistic, literary, and other works because if a work's copyright owner cannot be found to …


'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes Sep 2005

'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes

Michigan Telecommunications & Technology Law Review

The notion of software code replacing legal code as a mechanism to control human behavior--"code as law"--is often illustrated with examples in intellectual property and freedom of speech. This Article examines the neglected issue of the impact of "code as law" on privacy. To what extent is privacy-related "code" being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects on privacy, as it …


Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan Sep 2005

Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan

Georgia State University Law Review

The bill would have changed definitions associated with implementation of Georgia's HOPE scholarship program. Specifically, it would have limited to 127 the number of semester hours for which a student in Georgia's postsecondary institutions may receive HOPE scholarship funding. If enacted, the bill would have applied to all postsecondary educational programs at private and public schools that grant baccalaureate degrees. The bill would also have eliminated differentiation among program titles such as associate and baccalaureate when considering eligibility for HOPE scholarship funding. The bill's provisions would not have taken effect until the 2005 fall semester. Prior statutory definitions would have …


Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols Sep 2005

Eminent Domain Nature Of Right Of Eminent Domain: Change Certain Provisions Relating To The Nature Of The Right Of Eminent Domain; Provide For The Limitation Of Public Purposes For Which Eminent Domain May Be Exercised; Provide For Statutory Construction; Provide For Legislative Intent; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Jack Nichols

Georgia State University Law Review

The bill would have limited the state's ability to take private property under the eminent domain power of the state. In times of peace, the bill would have allowed the General Assembly to authorize proper authorities to take any land for the following public purposes: construction of roads, defenses, channels for trade or travel, and other public purposes. The General Assembly would determine other public purposes, but the General Assembly could not define a public purpose as either increasing the tax base or economic development. Specifically, the bill would have prohibited the condemnation of private property when the proposed developmental …


Domestic Relations Alimony And Child Support Generally: Provide For The Direct Appeal Of Child Support Final Judgments; Lower Annual Interest Rate On Past Due Child Support; Consider Both Parents' Incomes In Child Support Awards; Redefine Definition Of Gross Income; Adjust Child Support Awards According To Time Spent With Child; Remove Consideration Of Change In Child's Needs In Revising Alimony Or Child Support; Remove References To Children And Child Support From Alimony Sections; And For Other Purposes, Jennifer Goodwin Sep 2005

Domestic Relations Alimony And Child Support Generally: Provide For The Direct Appeal Of Child Support Final Judgments; Lower Annual Interest Rate On Past Due Child Support; Consider Both Parents' Incomes In Child Support Awards; Redefine Definition Of Gross Income; Adjust Child Support Awards According To Time Spent With Child; Remove Consideration Of Change In Child's Needs In Revising Alimony Or Child Support; Remove References To Children And Child Support From Alimony Sections; And For Other Purposes, Jennifer Goodwin

Georgia State University Law Review

The Act provides for changes to the calculation of child support to consider the incomes and financial situations of both parents in assessing the child support payment the noncustodial parent will make. The court shall follow worksheets and shall specify in its decrees and judgments any factors and reasons for deviations from the guidelines. The court may adjust child support awards based on the amount of time the noncustodial parent spends with the child. The Act creates the Georgia Child Support Commission, with members appointed by the Governor, to perform the tasks of gathering information relating to child support and …


Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift Sep 2005

Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift

Georgia State University Law Review

The Act authorizes the State Board of Education to establish a Georgia Virtual School where students may enroll in state-funded courses via the Internet. All Georgia students who are age 21 or younger are eligible to enroll, but the Act gives public school students priority. The Act also authorizes the State Board of Education to establish rules and regulations, including the processes for enrollment and reporting grades on students' transcripts. Students may register for courses in excess of the maximum number of courses allowed per year at a tuition rate the State Board of Education will establish. The Professional Standards …


Symposium Foreword: Indian Nations And The Law, Joseph William Singer Sep 2005

Symposium Foreword: Indian Nations And The Law, Joseph William Singer

Tulsa Law Review

No abstract provided.


Tackling Employment Discrimination With Adr: Does Mediation Offer A Shield For The Haves Or Real Opportunity For The Have-Nots, Michael Z. Green Sep 2005

Tackling Employment Discrimination With Adr: Does Mediation Offer A Shield For The Haves Or Real Opportunity For The Have-Nots, Michael Z. Green

Faculty Scholarship

This paper explores the benefits of using mediation in addressing employment discrimination disputes. It highlights the difficulties for those who expect too much out of mediation by expecting it to transform relations while exposing concerns with those who limit mediation's potential by supporting mythical notions about mediators being neutral. The paper suggests that employers develop comprehensive conflict resolution systems and include mediation as a process that is case-specific and focused on the needs of all parties and not the needs of the mediator.


Trademark Assignment With Goodwill: A Concept Whose Time Has Gone, Irene Calboli Sep 2005

Trademark Assignment With Goodwill: A Concept Whose Time Has Gone, Irene Calboli

Faculty Scholarship

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …


Crossing The Line Of Color: Revisiting The Best Interests Standard In Transracial Adoptions., Tanvi Nagarsheth Sep 2005

Crossing The Line Of Color: Revisiting The Best Interests Standard In Transracial Adoptions., Tanvi Nagarsheth

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Innocent Until Proven Guilty - Not If You're Teaching Me: A Texas Teacher's Right To Procedural Due Process., Daniel Austin Ortiz Sep 2005

Innocent Until Proven Guilty - Not If You're Teaching Me: A Texas Teacher's Right To Procedural Due Process., Daniel Austin Ortiz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Texas Needs More Drug Courts., Bryan S. Oathout Sep 2005

Texas Needs More Drug Courts., Bryan S. Oathout

The Scholar: St. Mary's Law Review on Race and Social Justice

Drug courts are the nation’s newest legal development in the war on drugs. These courts attempt to stop drug abuse through a treatment-based alternative court which focuses on an offender’s addiction and decluttering the courts. The main goal of drug courts is rehabilitation, not punishment. Drug courts help diminish the cost of putting drug-abusing offenders into our criminal justice system which causes prison and jail overcrowding. Fighting drug abuse also drains our economic resources. Since the implementation of drug courts in 1989, over seventy percent of drug-abusing offenders have either successfully completed the drug court program or are still participating …


Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso Sep 2005

Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.


Broken Record: Revisiting The Flaws In Sony's Fair Use Analysis In Light Of The Grokster Decision, David L. Wardle Sep 2005

Broken Record: Revisiting The Flaws In Sony's Fair Use Analysis In Light Of The Grokster Decision, David L. Wardle

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Table Of Contents - Issue 6, North Carolina Law Review Sep 2005

Table Of Contents - Issue 6, North Carolina Law Review

North Carolina Law Review

No abstract provided.


North Carolina Oceanfront Property And Public Waters And Beaches: The Rights Of Littoral Owners In The Twenty-First Century, Joseph J. Kalo Sep 2005

North Carolina Oceanfront Property And Public Waters And Beaches: The Rights Of Littoral Owners In The Twenty-First Century, Joseph J. Kalo

North Carolina Law Review

No abstract provided.


Index To Volumes 83, North Carolina Law Review Sep 2005

Index To Volumes 83, North Carolina Law Review

North Carolina Law Review

No abstract provided.