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2005

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Articles 2281 - 2310 of 10107

Full-Text Articles in Law

Lochner In Europe: A Comment On Keith Whittington's "Congress Before The Lochner Court", Daniela Caruso Jun 2005

Lochner In Europe: A Comment On Keith Whittington's "Congress Before The Lochner Court", Daniela Caruso

Faculty Scholarship

In 1904, St. Louis, Missouri was the place to go. In conjunction with its spectacular world's fair, the city also hosted the Universal Congress of Lawyers and Jurists, known in academic circles as the foundational event of American comparative law. Within a big screen entirely devoted to the Lochner centennial, this comment aims at opening a window on another centennial - the hundredth anniversary of comparative law in the United States.Though inspired by the Universal Congress, this comment does not partake in the celebratory spirit of anniversaries. Far from espousing a romanticized or universalist conception of comparative law, these pages …


Lochner: Another Time, Another Place, Larry Yackle Jun 2005

Lochner: Another Time, Another Place, Larry Yackle

Faculty Scholarship

Professor Lynn Baker's contribution to this symposium extends her long term project both to defend and to critique the Supreme Court's decisions on the scope of congressional power. I find this work valuable and not a little provocative. If Baker's account of the decisions thus far is even partly right, the Court is poised to assume decision-making responsibility that has long been ceded to Congress. If her proposals for the future are adopted, we are in for a cataclysmic constitutional event that rivals the convulsive period when the nation confronted the judicial arrogation of authority associated (rightly or wrongly) with …


Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley Jun 2005

Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.


Iv. Electronic Discovery And Cost Shifting: Who Foots The Bill, Sonia Salinas Jun 2005

Iv. Electronic Discovery And Cost Shifting: Who Foots The Bill, Sonia Salinas

Loyola of Los Angeles Law Review

No abstract provided.


V. The Impact Of Electronic Discovery On Privilege And The Applicability Of The Electronic Communications Privacy Act, Sasha K. Danna Jun 2005

V. The Impact Of Electronic Discovery On Privilege And The Applicability Of The Electronic Communications Privacy Act, Sasha K. Danna

Loyola of Los Angeles Law Review

No abstract provided.


Vii. Spoliation Of Discoverable Electronic Evidence, Rena Durrant Jun 2005

Vii. Spoliation Of Discoverable Electronic Evidence, Rena Durrant

Loyola of Los Angeles Law Review

No abstract provided.


Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef Jun 2005

Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef

Missouri Law Review

In 1968, the Uniform Law Association ("ULA") adopted the Uniform Anatomical Gift Act ("UAGA"). 2 In seeking to promote anatomical gifts, 3 the UAGA immunizes medical personnel who procure human tissue, organ, and bone. Legislatures in all fifty states have since enacted some form of the UAGA. 4 Many state courts interpreted their respective UAGA immunity provisions long ago.' But, until recently, Missouri courts had not yet had the opportunity to interpret Missouri's UAGA immunity provision. In Schembre v. Mid-America Transplant Ass'n,6 Missouri's Eastern District Court of Appeals addressed Missouri's UAGA immunity provision for the first time.7 This Note explores …


Subjectivity, Good Faith And The Expanded Chapter 13 Discharge, Robert J. Bein Jun 2005

Subjectivity, Good Faith And The Expanded Chapter 13 Discharge, Robert J. Bein

Missouri Law Review

This article considers the good faith requirement in the confirmation of a Chapter 13 plan that seeks to discharge debts which would be nondischargeable in a Chapter 7 case. Part II of the article examines issues of discharge and dischargeability under American bankruptcy law, both in the historical development of bankruptcy law and under the Bankruptcy Code. Part III examines the good faith requirement applicable in Chapter 13 cases, both in the filing of the case under Section 1307(c) of the Bankruptcy Code and in presentation of the Chapter 13 plan under Section 1325(a). Part IV of the article examines …


Stop...In The Name Of Identification: The Supreme Court Approves Stop And Id, Michael Duvall Jun 2005

Stop...In The Name Of Identification: The Supreme Court Approves Stop And Id, Michael Duvall

Missouri Law Review

In Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, the United States Supreme Court directly confronted the Fourth and Fifth Amendment concerns inherent in "Stop and ID" statutes, answering questions that it had declined to address in previous challenges to these laws. 2 "Stop and ID" statutes provide police officers the power to demand that a suspect provide his or her name, address, and an explanation of conduct, if the officer has reasonable suspicion that the suspect has committed, is committing, or is about to commit a crime.


Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant Jun 2005

Defining A Retaliatory Adverse Action From Wideman To Shotz: The Legitimacy Of The Eleventh Circuit's Retaliation Case Law, Jonathan M. Gallant

Georgia State University Law Review

No abstract provided.


I. Foreword—Electronic Discovery, Georgene Vairo Jun 2005

I. Foreword—Electronic Discovery, Georgene Vairo

Loyola of Los Angeles Law Review

No abstract provided.


Ii. Defining Document In The Digital Landscape Of Electronic Discovery, Shannon M. Curreri Jun 2005

Ii. Defining Document In The Digital Landscape Of Electronic Discovery, Shannon M. Curreri

Loyola of Los Angeles Law Review

No abstract provided.


Iii. Scope Of Electronic Discovery And Methods Of Production, Ophir D. Finkelthal Jun 2005

Iii. Scope Of Electronic Discovery And Methods Of Production, Ophir D. Finkelthal

Loyola of Los Angeles Law Review

No abstract provided.


Vi. Electronic Evidence And The Federal Rules, Leah Voigt Romano Jun 2005

Vi. Electronic Evidence And The Federal Rules, Leah Voigt Romano

Loyola of Los Angeles Law Review

No abstract provided.


Why The Sky Didn't Fall: Using Judicial Creativity To Circumvent Crawford V. Washington, Whitney Baugh Jun 2005

Why The Sky Didn't Fall: Using Judicial Creativity To Circumvent Crawford V. Washington, Whitney Baugh

Loyola of Los Angeles Law Review

No abstract provided.


Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan Jun 2005

Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan

Washington International Law Journal

As China in the twenty-first century rushes ahead in its quest to become more developed and cosmopolitan, the poor are increasingly cast as outsiders to the nation's new social contract and urban development politics. Nowhere is the contrast between China's urban rich and rural poor as stark as on the land itself. In cities throughout China, land continues to be taken away from the collective and placed into the hands of an increasingly rich and powerful elite. As a new society built upon urban poverty, exclusion, and inequality emerges, and the gap between rich and poor widens, the new political …


Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones Jun 2005

Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones

Washington International Law Journal

The Australian greyhound racing industry is capitalizing on newly emerging markets in countries such as China and South Korea. The industry's drive to profit from promoting greyhound racing in these countries has put the welfare of greyhounds at risk. By exporting these dogs to China and South Korea, Australia is violating the spirit and general intent of its own animal cruelty laws, which guard against the type of animal abuse that occurs largely unchecked in those countries. Therefore, Australia should put an end to such exports as soon as possible. Under the General Agreement on Tariffs and Trade ("GATT"), Australia …


Review Essay: A Prescription For Perilous Times, Neil S. Siegel Jun 2005

Review Essay: A Prescription For Perilous Times, Neil S. Siegel

Faculty Scholarship

It seldom happens that a scholar makes a lasting contribution both to legal history and to the most pressing constitutional issues of the day in the same work. It is more rare that an academic does so in a book accessible to a general audience. Perilous Times accomplishes that feat. For these reasons, and for another as well, the book should be regarded as a triumph.


The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford Jun 2005

The Challenge To The Individual Causation Requirement In Mass Products Torts, Donald G. Gifford

Washington and Lee Law Review

No abstract provided.


Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen Jun 2005

Beyond The Margin Of Litigation: Reforming U.S. Election Administration To Avoid Electoral Meltdown, Richard L. Hasen

Washington and Lee Law Review

No abstract provided.


Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah Jun 2005

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.


Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki Jun 2005

Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki

Washington and Lee Law Review

No abstract provided.


Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham Jun 2005

Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham

Washington and Lee Law Review

No abstract provided.


Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen Jun 2005

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen

Washington and Lee Law Review

No abstract provided.


Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer Jun 2005

Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer

Washington and Lee Law Review

No abstract provided.


Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew Jun 2005

Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew

Washington and Lee Law Review

No abstract provided.


Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair Jun 2005

Search Engines And Internet Advertisers: Just One Click Away From Trademark Infringement?, Lauren Troxclair

Washington and Lee Law Review

No abstract provided.


Impacts Of The Tax Shift Of 1981: An Examination Of Nevada Local Governments, Philip F. Stoeckinger Jun 2005

Impacts Of The Tax Shift Of 1981: An Examination Of Nevada Local Governments, Philip F. Stoeckinger

UNLV Theses, Dissertations, Professional Papers, and Capstones

The 1981 Nevada Legislature reduced property tax rates in what is known as the “Tax Shift”, whereby cities and counties received less property tax revenue and more sales tax revenue. Nevada made this change to mirror California Proposition 13, along with over forty states nationwide. Furthermore, the property tax rates that could be levied by local governments were “capped.” Nevada also became the only state to depreciate improvements (buildings) in determining the value of property (Tax Topics, 2001). In doing the preceding, Nevada moved from basing its revenue structure on a stable revenue source (property tax), to an unstable revenue …


A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald Jun 2005

A Tribute To Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, Mark Grunewald

Washington and Lee Law Review

No abstract provided.


Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz Jun 2005

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.