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2005

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Articles 1921 - 1950 of 10108

Full-Text Articles in Law

Parity In South Carolina Recidivist Sentencing: State V. Gordon, Mary A. Gruenhagen Jul 2005

Parity In South Carolina Recidivist Sentencing: State V. Gordon, Mary A. Gruenhagen

South Carolina Law Review

No abstract provided.


The Opportunity In Adequacy Ligitation: Recognizing The Legitimacy And Value Of Pursuing Educational Reform Through The Courts, Amanda S. Hawthorne Jul 2005

The Opportunity In Adequacy Ligitation: Recognizing The Legitimacy And Value Of Pursuing Educational Reform Through The Courts, Amanda S. Hawthorne

South Carolina Law Review

No abstract provided.


L-J, Inc. V. Bituminous Fire & Marine Insurance Co.: In Determining Coverage Under Commercial General Liability Policies, Should Policy Language Or Public Policy Control?, Anne M. Mcneil Jul 2005

L-J, Inc. V. Bituminous Fire & Marine Insurance Co.: In Determining Coverage Under Commercial General Liability Policies, Should Policy Language Or Public Policy Control?, Anne M. Mcneil

South Carolina Law Review

No abstract provided.


Civil Conspiracy In The Employment At-Will Context: Where Does South Carolina Stand After Angus V. Burroughs & Chapin Co.?, Scott S. Addison Jul 2005

Civil Conspiracy In The Employment At-Will Context: Where Does South Carolina Stand After Angus V. Burroughs & Chapin Co.?, Scott S. Addison

South Carolina Law Review

No abstract provided.


Statutory Stalemate: Strict Products Liability And Comparative Negligence In South Carolina, Andrew A. Bennington Jul 2005

Statutory Stalemate: Strict Products Liability And Comparative Negligence In South Carolina, Andrew A. Bennington

South Carolina Law Review

No abstract provided.


Henson V. International Paper Co.: A Step Backwards In South Carolina Attractive Nuisance Jurisprudence, Eric R. Tonnsen Jul 2005

Henson V. International Paper Co.: A Step Backwards In South Carolina Attractive Nuisance Jurisprudence, Eric R. Tonnsen

South Carolina Law Review

No abstract provided.


The Presidency And The Meaning Of Citizenship, Malinda L. Seymore Jul 2005

The Presidency And The Meaning Of Citizenship, Malinda L. Seymore

Faculty Scholarship

This Article uses the issue of presidential qualification as a vehicle to examine the meaning of citizenship today, arguing that the Natural-Born Citizen Clause perpetuates a second-class citizenship that is inappropriate and inapposite in modern American society. Upon this premise, this Article proposes that a constitutional amendment may be necessary since the argument that the Fourteenth Amendment serves as an implicit repeal of the Natural-Born Citizen Clause has proved historically insufficient. Part II of this Article examines the origins of the constitutional requirement that the President be a "natural born Citizen" and discusses the unsuccessful attempts to amend this requirement. …


Vol. 3, No. 06 (July 2005) Jul 2005

Vol. 3, No. 06 (July 2005)

Indiana Law Update

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Jul 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Indiana Law Journal

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons Jul 2005

Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons

Indiana Law Journal

No abstract provided.


Trust, Institutionalization, & Corporate Reputations: Public Independent Fact-Finding From A Risk Management Perspective, Gregory Todd Jones Jul 2005

Trust, Institutionalization, & Corporate Reputations: Public Independent Fact-Finding From A Risk Management Perspective, Gregory Todd Jones

University of Miami Business Law Review

No abstract provided.


Supreme Court Watch, Reginald Oh Jul 2005

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Discusses the March 1, 2005 U.S. Supreme Court decision regarding the constitutionality of the death penalty in Roper v. Simmons, 125 S. Ct. 1183 (2005). The Court held that the death penalty cannot be applied to individuals under the age of eighteen at the time the crime was committed without violating the Eighth Amendment's prohibition against cruel and unusual punishment.


Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd Jul 2005

Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd

UF Law Faculty Publications

This article critiques the Supreme Court's negative, stereotypic views of fatherhood, especially unmarried fatherhood, and argues that the Court should reconsider and refine its definition of fatherhood around nurture. The corrective for the Court's current view is not to revert to a status-based definition of fatherhood, but rather to reinforce and recast its prior fathers' rights decisions to establish a definition grounded on relationship and care. What should be discarded are outdated stereotypes about men as incapable, incompetent caregivers, as well as patriarchal norms of status and ownership based in genetic and economic fatherhood recognized exclusively within marriage. Instead, fatherhood …


Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee Jul 2005

Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee

UF Law Faculty Publications

September 11 changed the American economy and the global insurance market. The insurance industry no longer covers terrorism risk for "free." The traditional insurance mechanism alone cannot spread the risk of repeated catastrophic losses. Beyond the Terrorism Risk Insurance Act of 2002 lingers the questions of a longterm solution and government's role therein. Government can assume different roles: reinsurer, wealth (re)distributor, regulator, or a combination thereof. This article suggests that the government should foster a regulatory and tax environment in which the private sector can develop a capital market solution for terrorism risk. Securitization is an alternative to reinsurance and …


Beating The 'Wrap': The Agency Effort To Control Wraparound Insurance Tax Shelters, Charlene Luke Jul 2005

Beating The 'Wrap': The Agency Effort To Control Wraparound Insurance Tax Shelters, Charlene Luke

UF Law Faculty Publications

The first wraparound insurance tax shelter was marketed in the mid-1960s as a means for contract owners to exploit the inconsistency arising from the difference in the tax treatment of investment returns earned inside variable insurance contracts and the economically similar returns available outside such contracts. Federal income tax is deferred (and in some cases eliminated) on the income accruing inside variable insurance products - called inside buildup. In the most recent iteration of the wraparound insurance gambit, insurance companies wrapped private-placement, hedge-fund interests inside variable insurance products in order to allow contract owners to defer tax on the ordinary …


Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette Jul 2005

Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette

University of Arkansas at Little Rock Law Review

No abstract provided.


Preference Determinations Concerning Bankruptcy Reform Act Of 1978 And Securities Act Of 1933, Securities And Exchange Act Of 1934, And Commodity Exchange Act, J. B. Grossman Jul 2005

Preference Determinations Concerning Bankruptcy Reform Act Of 1978 And Securities Act Of 1933, Securities And Exchange Act Of 1934, And Commodity Exchange Act, J. B. Grossman

University of Arkansas at Little Rock Law Review

No abstract provided.


The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan Jul 2005

The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan

Law Faculty Scholarship

Online legal research is emerging as a preferred tool for judges, attorneys, and lawstudents, providing a vast amount ofnearly real-time legal resources at the speed of electronic search. This article analyzes the risk of error associated with the immediacy of online opinion publishing and how the uncertainty ofaccuracy potentially compromises the litigator's ability to provide accurate advice.


Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia Jul 2005

Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Fighting Terrorism, Lee Hamilton Jul 2005

Fighting Terrorism, Lee Hamilton

Indiana Journal of Global Legal Studies

Speech Given at the Annual Banquet of the Indiana Journal of Global Legal Studies, April 7, 2005, in Bloomington, Indiana


The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller Jul 2005

The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller

Indiana Journal of Global Legal Studies

No abstract provided.


Back To Government? Reregulating British Railways, Peter Leyland Jul 2005

Back To Government? Reregulating British Railways, Peter Leyland

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo Jul 2005

Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Bioethics And Law: Between Values And Rules, Cinzia Piciocchi Jul 2005

Bioethics And Law: Between Values And Rules, Cinzia Piciocchi

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman Jul 2005

Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Good Administration And Administrative Procedures, Juli Ponce Jul 2005

Good Administration And Administrative Procedures, Juli Ponce

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia Jul 2005

The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams Jul 2005

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans Jul 2005

Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa Jul 2005

Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.