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2005

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Articles 7681 - 7710 of 10108

Full-Text Articles in Law

Bobblehead Symposium: Appendix B: Photos, Santa Clara Law Review Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

Book Review [Traffic Safety], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Ethics Year In Review, Caitlin Whitwell Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 …


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.


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 …


Arnold Schwarzenegger And Our Common Future, Sarah Krakoff Jan 2005

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

Publications

No abstract provided.


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 …


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.


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 …


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 …


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.


The Personal As Predicate, Patti Alleva Jan 2005

The Personal As Predicate, Patti Alleva

North Dakota Law Review

No abstract provided.


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.


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.


North Dakota Supreme Court Review Jan 2005

North Dakota Supreme Court Review

North Dakota Law Review

No abstract provided.


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 …


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.