Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1441 - 1470 of 10104

Full-Text Articles in Law

Private Practice, Public Profession: Convictions, Commitments, And The Availability Of Counsel, Barry Sullivan Sep 2005

Private Practice, Public Profession: Convictions, Commitments, And The Availability Of Counsel, Barry Sullivan

West Virginia Law Review

I would like to start by stating a proposition that may strike you as either simple-minded or self-evident, but, more likely, will simply seem strange because of the way in which I state it. My proposition is this: In a democratic society, the legal profession, its rights and privileges, exist to serve public purposes. The legal profession serves two principal public purposes: to provide representation to those who lack the specialized training to represent themselves, that is, non-lawyers, and to promote justice in society. One might object that representing clients is not a public purpose, but that, I would suggest, …


Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson Sep 2005

Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson

West Virginia Law Review

No abstract provided.


Following The Commissions: Analysis And Implementation Of The Ocean Commission And Pew Commission Report (5th Marine Law Symposium) (September 9-11, 2004), Roger Williams University School Of Law Library Sep 2005

Following The Commissions: Analysis And Implementation Of The Ocean Commission And Pew Commission Report (5th Marine Law Symposium) (September 9-11, 2004), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney Sep 2005

Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney

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

Abstract Forthcoming.


Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan Sep 2005

Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan

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

Abstract Forthcoming.


A Tribute To Edward 0. Henneman Sep 2005

A Tribute To Edward 0. Henneman

Washington and Lee Law Review

No abstract provided.


Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.


Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Museletter: September 2005, Caroline L. Osborne Sep 2005

Museletter: September 2005, Caroline L. Osborne

Museletter

This Issue:

BNA Online by John R. Barden

But What If We Don't Have It? Making Interlibrary Loan Requests by Gail Zwirner, Head of Access Services

Recreational Reading Anyone?


Sustaining The Unsustainable: Development Of The Denver Basin Aquifers, Eric Ryan Potyondy Sep 2005

Sustaining The Unsustainable: Development Of The Denver Basin Aquifers, Eric Ryan Potyondy

Water Law Review

No abstract provided.


Coshow V. City Of Escondido, No. D045382, 2005 Cal. App. Lexis 1484 (Cal. Ct. App. Aug. 17, 2005), Tracy M. Talbot Sep 2005

Coshow V. City Of Escondido, No. D045382, 2005 Cal. App. Lexis 1484 (Cal. Ct. App. Aug. 17, 2005), Tracy M. Talbot

Water Law Review

No abstract provided.


Reparations As Rough Justice, Adrian Vermeule Sep 2005

Reparations As Rough Justice, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Business Of Democracy Is Democracy, John P. Mccormick, Arthur J. Jacobson Sep 2005

The Business Of Democracy Is Democracy, John P. Mccormick, Arthur J. Jacobson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Absolute Priority, Valuation Uncertainty, And The Reorganization Bargain, Donald S. Bernstein, Douglas G. Baird Sep 2005

Absolute Priority, Valuation Uncertainty, And The Reorganization Bargain, Donald S. Bernstein, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

In a Chapter 11 reorganization, senior creditors are entitled to insist upon being paid in full before anyone junior to them receives anything. In practice, however, departures from such "absolute priority" are commonplace. Explaining these deviations has been a central preoccupation of reorganization scholars for decades. By the standard law-and-economics account, deviations from absolute priority arise because well-positioned insiders take advantage of cumbersome procedures and inept judges. In this paper, we suggest that a far simpler and more benign force dominates bargaining in reorganization cases. “Deviations” from absolute priority are inevitable even in a world completely committed to respecting priority …


Judicial Predilections, John Paul Stevens Sep 2005

Judicial Predilections, John Paul Stevens

Nevada Law Journal

No abstract provided.


Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless Sep 2005

Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless

Nevada Law Journal

Twelve to thirty-six months after a major hurricane, bankruptcy filing rates increase for affected areas. The Article draws that conclusion by examining all eighteen hurricanes that hit the fifty United States between 1980 and 2004 and that caused $1 billion or more in damages. Despite substantial limitations in the data that would obscure all but the strongest relationships, distinct patterns emerge. Although further empirical analyses should be done, these findings suggest that Congress should except victims of hurricanes and other natural disasters from recent legislation that will make it more difficult to get bankruptcy relief Because higher bankruptcy filing rates …


Relinquish Control! Why The Irs Should Change Its Stance On Exempt Organizations In Ancillary Joint Ventures, Nicholas A. Mirkay Sep 2005

Relinquish Control! Why The Irs Should Change Its Stance On Exempt Organizations In Ancillary Joint Ventures, Nicholas A. Mirkay

Nevada Law Journal

No abstract provided.


Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan Sep 2005

Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan

Nevada Law Journal

No abstract provided.


Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser Sep 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser

Nevada Law Journal

Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have ,written of her accomplishments as the first woman to enter the brotherhood of the Nevada judiciary.' With Justice Shearing's retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.


The Limits Of Utilitarianism, Reza Dibadj Sep 2005

The Limits Of Utilitarianism, Reza Dibadj

Nevada Law Journal

No abstract provided.


When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald Sep 2005

When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald

Nevada Law Journal

No abstract provided.


Kelo V. New London: An Opportunity Lost To Rehabilitate The Takings Clause, Christian M. Orme Sep 2005

Kelo V. New London: An Opportunity Lost To Rehabilitate The Takings Clause, Christian M. Orme

Nevada Law Journal

No abstract provided.


Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken Sep 2005

Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken

Duke Law & Technology Review

A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner's competitors to purchase advertising space linked specifically to the owner's trademarks when entered as search terms. This iBrief examines the application of trademark law to this practice and concludes that Google would be contributorially liable for trademark infringement only when the advertising links lead to consumer confusion about the identity of the advertiser.


In Appreciation: Gene R. Nichol - Musings Of An Associate Dean, Gail B. Agrawal Sep 2005

In Appreciation: Gene R. Nichol - Musings Of An Associate Dean, Gail B. Agrawal

North Carolina Law Review

No abstract provided.


Leandro V. State And The Cosntitutional Limitation On School Suspensions And Expulsions In North Carolina, Joseph W. Goodman Sep 2005

Leandro V. State And The Cosntitutional Limitation On School Suspensions And Expulsions In North Carolina, Joseph W. Goodman

North Carolina Law Review

No abstract provided.


The Constitutional Right To A Jury Under Blakely V. Washington: Can North Carolina Defendants Waive Their State Right, Margaret M. Kane Sep 2005

The Constitutional Right To A Jury Under Blakely V. Washington: Can North Carolina Defendants Waive Their State Right, Margaret M. Kane

North Carolina Law Review

No abstract provided.


The Court Of Appeals Of North Carolina's Narrow Approach To Trade Secrets Protection In North Carolina Farm Partnership V. Pig Improvement Company, John M. Moye Sep 2005

The Court Of Appeals Of North Carolina's Narrow Approach To Trade Secrets Protection In North Carolina Farm Partnership V. Pig Improvement Company, John M. Moye

North Carolina Law Review

No abstract provided.


Not-So-Secret Secrets - The State Of The Attorney-Client Privilege In North Carolina In The Wake Of In Re Investigation Of Death Of Eric Miller And Crawford V. Washington, Sarah A. L. Phillips Sep 2005

Not-So-Secret Secrets - The State Of The Attorney-Client Privilege In North Carolina In The Wake Of In Re Investigation Of Death Of Eric Miller And Crawford V. Washington, Sarah A. L. Phillips

North Carolina Law Review

No abstract provided.