Law Commons^™

Punishment, Forgiveness, And The Rule Of Law: A Vision For Conflict Resolution In Alan Paton's Too Late The Phalarope, Carol Tyler Fox

Case Western Reserve Law Review

No abstract provided.

Special Allocations And Preferential Distributions In Joint Ventures Involving Taxable And Tax Exempt Entities, Darryll K. Jones

Journal Publications

Joint ventures involving taxable and tax-exempt organizations, referred to in this article as "taxable-tax exempt joint ventures," engender conflict between the doctrinal requirements pertaining to tax exemption and the flexibility afforded joint ventures in Subchapter K.' The nonprofit partner must exercise ultimate governing control over the joint venture so that charitable goals take precedence over profit-seeking goals if the nonprofit's share of income is to remain tax exempt. On the other hand, a for-profit partner is entitled and indeed expected to pursue profit but its lack of control over the joint venture exposes the for-profit partner to greater risk of …

Unacceptable Collateral Damage: The Danger Of Probation Conditions Restricting The Right To Have Children, A Felicia Epps

Journal Publications

You have the right to have as many children as you desire. You can have seven like the Waltons, six like the Brady Bunch, or none at all like Oprah. It is all left to your discretion-unless you fail to pay child support, and as a result end up facing criminal charges. The United States Constitution protects the right to freedom in procreation decisions. Generally, this means that the government cannot interfere with such decisions unless it has a compelling reason to do so. Even then, such interference must be narrowly tailored to meet government interests.

This article explores the …

The Ultimate Best Interest Of The Child Enures From Parental Reinforcement: The Journey To Family Integrity, John C. Duncan Jr.

Journal Publications

Most Americans agree that we are in the midst of a dangerous decline in moral and religious values that threatens the very foundation of our society. The facts are clear: marriage as a social institution is threatened and child well-being is affected. Part II of this Article traces the best interest of the child doctrine. Part III examines what the legally recognized rights of parents have been in the past and shows how those rights have been threatened or altogether eradicated in the best interest of the child. Part IV evaluates the opposing positions of both parental rights advocates …

The True Legacy Of Rosa Parks: Beyond The Civil Rights Movement, Patricia A. Broussard

Journal Publications

Rosa Parks died on October 24; her funeral was today. No doubt, there will be a flurry of well-deserved posthumous tributes and honors bestowed upon her. And no doubt, some will feel shame over the manner in which her sacrifices were depicted in later years - for instance, by the group OutKast. (Parks sued the group's record company, in Rosa Parks v. Laface Records, over the unauthorized use of her name in a song title). The story of Mrs. Parks's key role in the "modern-day" civil rights movement has been told and will be retold innumerable times. She has already …

Marilyn Touchard, Thomas Ammons, Felix Barela, Oscar Garcia, Dennis Nelson, Wade Peterson, Frank Ross, Heidi Scott V. La-Z-Boy Incorporated : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BEFORE THE COURT PURSUANT TO UTAH RULE OF APPELLATE PROCEDURE 41 ON AN ORDER OF CERTIFICATION ISSUED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, THE HONORABLE JUDGE TENA CAMPBELL PRESIDING.

Human Rights, Terrorism And International Law, David P. Stewart

Villanova Law Review (1956 - )

No abstract provided.

Trumps, Inversions, Balancing, Presumptions, Institution Prompting And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez

Santa Clara Law Review

No abstract provided.

Fairness, Responsibility And Self-Defense, Re'em Segev

Santa Clara Law Review

No abstract provided.

Refocus On The Family: Exploring The Complications In Granting The Family Immigration Benefit To Gay And Lesbian United States Citizens, Blythe Wygonik

Santa Clara Law Review

No abstract provided.

Protecting American Indian Sacred Sites On Federal Lands, Elizabeth G. Pianca

Santa Clara Law Review

No abstract provided.

Schwarzenegger Vs. Bobbleheads: The Case For Schwarzenegger, Charles J. Harder, Henry L. Self Iii

Santa Clara Law Review

No abstract provided.

Bobblehead Symposium: Appendix A: Photos, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher

Santa Clara Law Review

No abstract provided.

Bobblehead Symposium: Appendix B: Photos, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Takings Law In The Aftermath Of Lucas V. South Carolina Coastal Council: Does The Background Principles Exception Clarify Or Complicate Regulatory Takings Law, Christie Olsson

Santa Clara Law Review

No abstract provided.

Talk Is Cheap, But A Picture Is Worth A Thousand Words: Privacy Rights In The Era Of Camera Phone Technology, Alan Kato Ku

Santa Clara Law Review

No abstract provided.

Eulogy To Herman M. Levy, William B. Gould Iv

Santa Clara Law Review

No abstract provided.

A Tribute To Professor Herman M. Levy, Margaret M. Russell

Santa Clara Law Review

No abstract provided.

International Law Before The Supreme Court: A Mixed Record Of Recognition, Jordan J. Paust

Santa Clara Law Review

No abstract provided.

Enforcing The Decisions Of International Tribunals In The U.S. Legal System, Jenny S. Martinez

Santa Clara Law Review

No abstract provided.

The Use Of The Truth Commission In South Africa As An Alternative Dispute Resolution Mechanism Versus The International Law Obligations, Ziyad Motala

Santa Clara Law Review

No abstract provided.

Book Review [Traffic Safety], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Ethics Year In Review, Caitlin Whitwell

Santa Clara Law Review

No abstract provided.

Impact Of Legally Inappropriate Factors On Death Sentencing For California Homicides, 1990-1999, The Empirical Analysis, Glenn L. Pierce, Michael L. Radelet

Santa Clara Law Review

No abstract provided.

Court Or Arbitrator - Who Decides Whether Res Judicata Bars Subsequent Arbitration Under The Federal Arbitration Act, Jarrod Wong

Santa Clara Law Review

No abstract provided.

Moving Beyond Product To Process: Building A Better Lrw Program, Ellie Margolis, Susan L. Dejarnatt

Santa Clara Law Review

No abstract provided.

The Circuit Split Over The Citizenship Of National Banks For Diversity Jurisdiction Purposes Under 28 U.S.C. § 1348, Jill Holly

Santa Clara Law Review

No abstract provided.

Revised Texas Rule Of Civil Procedure 173: The True Scope Of A Guardian Ad Litem's Representation., Allison P. Mingle

St. Mary's Law Journal

The former statute governing the appointment of a guardian ad litem was ineffective and did not serve as adequate guidance for trial courts or appointees. It failed to outline the specific role a guardian ad litem was to play during a suit and was also unsuccessful at outlining what aspects of litigation a guardian ad litem could and could not participate in during trial or settlement. The former version of the rule allowed for a reasonable fee to compensate the guardian ad litem for services but failed to state specific parameters for judges to determine what “reasonable” means. On the …

Qui Tam: Survival Of The Action And Fate Of The Proceeds Following The Death Of The Relator For The King And For Himself ... And His Heirs., Joseph E. Hoffer

St. Mary's Law Journal

In the market economy of the United States, a large segment of industry is focused on providing goods and services to the government or to the public on behalf of the government. Often, small businesses are preferred to multinational corporations. But, when the actions of a business toward the government involve the myriad methods of deceit and inflating costs and billing, the business’s legitimate actions have turned into fraud against the government. For those employees who witness this fraudulent behavior and wish to act, one option is to file a qui tam action. The action may be brought either by …