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2005

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Articles 7651 - 7680 of 10107

Full-Text Articles in Law

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter Jan 2005

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter

Publications

No abstract provided.

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Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart Jan 2005

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

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Arnold Schwarzenegger And Our Common Future, Sarah Krakoff Jan 2005

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

Publications

No abstract provided.

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The Ghost Of Telecommunications Past, Philip J. Weiser Jan 2005

The Ghost Of Telecommunications Past, Philip J. Weiser

Publications

Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …

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Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya Jan 2005

Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya

Publications

No abstract provided.

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Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

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Democratizing Capital: The History, Law And Reform Of The Community Reinvestment Act, Richard D. Marsico Jan 2005

Democratizing Capital: The History, Law And Reform Of The Community Reinvestment Act, Richard D. Marsico

Books

Since 1977, the Community Reinvestment Act (CRA) has required banks to meet the credit needs of their local communities, including low-income neighborhoods. Since then, banks have committed to make more than $1 trillion in loans for housing, small businesses, small farms, and economic development in low-income neighborhoods. Despite this record, the CRA and its implementing regulations have been unsatisfactory to banks, advocates, and even bank regulators charged with enforcing the law. Author Richard Marsico traces this dissatisfaction to an imbalance in banking regulators' resolution of the CRA's tension between requiring banks to lend to low-income neighborhoods, but not requiring them …

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The Tragedy Of False Confessions (And A Common Sense Proposal), Alan Hirsch Jan 2005

The Tragedy Of False Confessions (And A Common Sense Proposal), Alan Hirsch

North Dakota Law Review

Book review of Margaret Edds' An Expendable Man.

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The Personal As Predicate, Patti Alleva Jan 2005

The Personal As Predicate, Patti Alleva

North Dakota Law Review

No abstract provided.

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How To Prevent High School Hazing: A Legal, Ethical And Social Primer, Marc Edelman Jan 2005

How To Prevent High School Hazing: A Legal, Ethical And Social Primer, Marc Edelman

North Dakota Law Review

No abstract provided.

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Methamphetamine Residue: Lack Of Legislation Puts North Dakota And Minnesota Homeowners At Risk, Nicole Bettendorf Jan 2005

Methamphetamine Residue: Lack Of Legislation Puts North Dakota And Minnesota Homeowners At Risk, Nicole Bettendorf

North Dakota Law Review

No abstract provided.

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North Dakota Supreme Court Review Jan 2005

North Dakota Supreme Court Review

North Dakota Law Review

No abstract provided.

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Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers Jan 2005

Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This comments matrix, published in 2005, provides a summary of public comments made in 2005 regarding the proposed return of land to the Three Affiliated Tribes of the Fort Berthold Reservation. These comments were recorded from transcripts of three public meetings held in Bismarck, North Dakota (ND) on May 24; in Dickinson, ND on May 25; and in Williston, ND on May 26. The matrix also includes comments received outside these meetings via email and letter. The land return, based on the Mineral Restoration Act of 1984 (Public Law 98-602), proposed to return a portion of the land taken for …

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Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis Jan 2005

Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Washington and Lee Law Review

No abstract provided.

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Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr. Jan 2005

Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.

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Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler Jan 2005

Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler

Faculty Publications

There was little doubt that the federal government would prevail in Gonzales v. Raich. What was, perhaps, unexpected was so expansive a repudiation of enforceable judicial limitations on federal power. In upholding the constitutionality of the Controlled Substances Act as applied to the non-commercial intrastate possession and consumption of marijuana for medical purposes as authorized under California law, the Supreme Court hollowed out the core of contemporary commerce clause jurisprudence. Insofar as United States v. Morrison had stood for the propositions that only intrastate economic activities could be aggregated for purposes of the "substantial effects" test, that attenuated connections between …

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Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler Jan 2005

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. At the same time, state intervention seeps into areas where a dominant federal role would be more defensible. …

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Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler Jan 2005

Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler

Faculty Publications

Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional, classical liberal notions of property rights are incompatible with the demands of environmental protection. These perspectives influenced the development of command-and-control environmental regulation in the 1960s and 1970s. In recent years, however, the perception of private property's role in environmental conservation has begun to change. Disregard for the …

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Elizabeth Ruth Mueller V. David G. Allen, Susan S. Allen, Randy N. Mccandless And Halene Mccandless : Reply Brief, Utah Court Of Appeals Jan 2005

Elizabeth Ruth Mueller V. David G. Allen, Susan S. Allen, Randy N. Mccandless And Halene Mccandless : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from judgment entered by the Third Judicial District Court, Salt Lake County Honorable Glenn K. Iwasaki, District Court Judge

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State Of Utah V. Marty Joe Galvan : Brief Of Appellant, Utah Court Of Appeals Jan 2005

State Of Utah V. Marty Joe Galvan : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

OPENING BRIEF OF APPELLANT

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Allen R. Ervin And Blanche Ervin V. Lowe's Companies Inc. : Brief Of Appellee, Utah Court Of Appeals Jan 2005

Allen R. Ervin And Blanche Ervin V. Lowe's Companies Inc. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEES COLLINS CO., LTD., A TAIWANESE CORPORATION AND COLLINS INTERNA HON VI < (>., LTD. Court of Appeals Case No. 20050025-CA Appeal from a Final Judgment of (In Tim il Judicial District Court, State of Utah

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Scott A. Lunceford And Deborah Lunceford Harker V. Mona Vincent Lunceford And M. Daylee Jeffs As Trustee Of The Clyde M. Lunceford Trust : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Scott A. Lunceford And Deborah Lunceford Harker V. Mona Vincent Lunceford And M. Daylee Jeffs As Trustee Of The Clyde M. Lunceford Trust : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, HONORABLE LYNN W. DAVIS AND DEREK PULLAN

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Janice Ririe Kunz V. Richard L. Kunz : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Janice Ririe Kunz V. Richard L. Kunz : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from an Order of the Third1 District Court, Salt Lake Department, Honorable Sandra N. Peuler presiding

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Janice Ririe Kunz V. Richard L. Kunz : Brief Of Appellee, Utah Court Of Appeals Jan 2005

Janice Ririe Kunz V. Richard L. Kunz : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Order of Third District Court, Salt Lake Department Honorable Sandra H. Peuler Presiding.

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Marilyn Touchard V. La-Z-Boy : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Marilyn Touchard V. La-Z-Boy : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

OPENING BRIEF OF APPELLANT Upon Certification of Questions from The United States District Court, District of Utah, Central District Honorable Tena Campbell

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Stephen E. Strate, Administrator Of The Estate Of Walther Strate, Deceased V. Utah Labor Commission, Steve Strate Crane Service, Inc., And The Employers' Reinsurance Fund : Reply Brief, Utah Court Of Appeals Jan 2005

Stephen E. Strate, Administrator Of The Estate Of Walther Strate, Deceased V. Utah Labor Commission, Steve Strate Crane Service, Inc., And The Employers' Reinsurance Fund : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR REVIEW FROM ORDER OF THE UTAH LABOR COMMISSION

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Stephen E. Strate, Administrator Of The Estate Of Walther Strate, Deceased V. Utah Labor Commission : Brief Of Petitioner, Utah Court Of Appeals Jan 2005

Stephen E. Strate, Administrator Of The Estate Of Walther Strate, Deceased V. Utah Labor Commission : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITION FOR REVIEW FROM ORDER OF THE UTAH LABOR COMMISSION

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Marian B. Boulton, David Boulton, And Steven Boulton V. Carl H. Bronn : Brief Of Appellant, Utah Court Of Appeals Jan 2005

Marian B. Boulton, David Boulton, And Steven Boulton V. Carl H. Bronn : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM FINAL ORDER OF THE COURT AWARDING JUDGEMENT AGAINST PLAINTIFFS FOR NO CAUSE OF ACTION, SECOND DISTRICT COURT, THE HONORABLE DARWIN C. HANSEN, DISTRICT JUDGE.

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Wasatch County, A Body Politic Of The State Of Utah V. E. Ray Okelberry, Brian Okelberry, Eric Okelberry, Utah Division Of Wildlife Resources, West Daniels Land Association, And John Does 1-25 : Reply Brief, Utah Court Of Appeals Jan 2005

Wasatch County, A Body Politic Of The State Of Utah V. E. Ray Okelberry, Brian Okelberry, Eric Okelberry, Utah Division Of Wildlife Resources, West Daniels Land Association, And John Does 1-25 : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE RULING OF THE FOURTH DISTRICT COURT, WASATCH COUNTY, HONORABLE JUDGE EYRE

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Wasatch County V. E. Ray Okelberry, Brian Okelberry, Eric Okelberry, Utah Division Of Wildlife Resources, West Daniels Land Association : Reply Brief, Utah Court Of Appeals Jan 2005

Wasatch County V. E. Ray Okelberry, Brian Okelberry, Eric Okelberry, Utah Division Of Wildlife Resources, West Daniels Land Association : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE RULING OF THE FOURTH DISTRICT COURT, WASATCH COUNTY, HONORABLE DONALD J. EYRE

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