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Articles 8161 - 8190 of 10108
Full-Text Articles in Law
Order To Confusion: Trademark Infringement Liability For Search Engine Keying Ads, Perry Viscounty, Jordan Kushner
Order To Confusion: Trademark Infringement Liability For Search Engine Keying Ads, Perry Viscounty, Jordan Kushner
UC Law Business Journal
No abstract provided.
Regulating The Dietary Supplements Industry: Something Still Needs To Change, Debra D. Burke, Anderson P. Page
Regulating The Dietary Supplements Industry: Something Still Needs To Change, Debra D. Burke, Anderson P. Page
UC Law Business Journal
No abstract provided.
Employers Beware: Will You Own Your Employee's Inventions, Marc A. Lieberstein
Employers Beware: Will You Own Your Employee's Inventions, Marc A. Lieberstein
UC Law Business Journal
No abstract provided.
Steps For Building Ethics Programs, Timothy L. Fort
Steps For Building Ethics Programs, Timothy L. Fort
UC Law Business Journal
No abstract provided.
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
UC Law SF Journal on Gender and Justice
The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …
What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin
What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin
UC Law SF Journal on Gender and Justice
This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …
American Bar Association Negotiation Award 1991–2005, Notre Dame Law School
American Bar Association Negotiation Award 1991–2005, Notre Dame Law School
Student, Faculty, and Staff Awards
For excellence in the art of negotiation.
Police Shootings Under The Fourth Amendment, Wayne C. Beyer
Police Shootings Under The Fourth Amendment, Wayne C. Beyer
Richmond Journal of Law and the Public Interest
The Fourth Amendment permits police to use deadly force when there is an imminent threat of serious bodily harm or death to themselves or others. Although the governing standard is well established in a general way, its application to particular facts and circumstances may not be clear to officers on the street. Unless a reasonable police officer would have understood that his/her decision to shoot was clearly constitutionally prohibited, the officer may be entitled to qualified immunity, a decision that the court can make on summary judgment before trial. Discussed first are shootings that are not subject to Fourth Amendment …
Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum
Hiibel V. Sixth Judicial District Court:Can Police Arrest Suspects For Withholding Their Names?, John Famum
Richmond Journal of Law and the Public Interest
Suppose that someone calls the police and alerts them to a crime that has been committed. Using the information provided, the police stop you because you fit the description of the person reported. If the police ask your name, must you give it? The United States Supreme Court believes you must if the state you are in has passed a law requiring you to give your name. In a factual situation very similar to this, the United States Supreme Court held in Hiibel v. Sixth Judicial District Court that the Nevada law requiring a person to provide his name in …
Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger
Richmond Journal of Law and the Public Interest
This casenote will examine the legislative history and background of the ADA, the case law following its passage, the procedural and substantive background of Raytheon, the Supreme Court's holding in Raytheon, and the impact thereof.
Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicabilityto Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston
Richmond Journal of Law and the Public Interest
This note examines the Court's decision in Suders and the evolution of the constructive discharge doctrine, specifically its applicability to Title VII sexual harassment cases. Part II analyzes the origins and purpose of the doctrine. Part III discusses the Court's previous decisions in Burlington Industries, Inc. v. Ellerth4 and Faragher v. Boca Raton, which set the framework for Suders by establishing the important affirmative defense to Title VII constructive discharge cases that the Court in Suders more clearly defined. Part IV considers the Supreme Court's decision in Suders in light of Ellerth and Faragher, and Part V concludes with the …
Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia
Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks.1 The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while state fair lending laws had not been preempted, the New York State Attorney General’s (OAG) authority to enforce those laws had been preempted by a series of federal statutes and OCC-written regulations that give the OCC exclusive authority to bring any enforcement action against …
Ethical Issues In Asbestos Litigation, Lester Brickman
Ethical Issues In Asbestos Litigation, Lester Brickman
Hofstra Law Review
Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …
Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow
Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow
Hofstra Law Review
No abstract provided.
Introduction: A Good Idea, Mark L. Movsesian
Delaware: Home Of The World's Most Expensive Raincoat, Jonathan Macey
Delaware: Home Of The World's Most Expensive Raincoat, Jonathan Macey
Hofstra Law Review
No abstract provided.
Liability For Direct Advertising Of Drugs To Consumers: An Idea Whose Time Has Not Come, Aaron D. Twerski
Liability For Direct Advertising Of Drugs To Consumers: An Idea Whose Time Has Not Come, Aaron D. Twerski
Hofstra Law Review
Hofstra Law Review has instituted a new "Ideas" section. Leading scholars are encouraged to write short essays from six to ten pages of length. The goal is to allow for publication of ideas that scholars and members of the judiciary wish to air but do not want to develop into full blown heavily footnoted articles. In this inaugural section Dean Twerski has written an article suggesting the reason why courts have continued to immunize drug manufacturers from liability if they give adequate warning of drug related risks to the physician. This immunity continues in force even though manufacturers have advertised …
Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole
Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole
Hofstra Law Review
No abstract provided.
Forum Non Conveniens And The Warsaw Convention: Leaving The Turbulence Behind?, Katherine R. Dieterich
Forum Non Conveniens And The Warsaw Convention: Leaving The Turbulence Behind?, Katherine R. Dieterich
Hofstra Law Review
No abstract provided.
Alleged Conflicts Of Interest Because Of The "Appearance Of Impropriety", Ronald D. Rotunda
Alleged Conflicts Of Interest Because Of The "Appearance Of Impropriety", Ronald D. Rotunda
Hofstra Law Review
No abstract provided.
"Don't Be Evil": Gmail's Relevant Text Advertisements Violate Google's Own Motto And Your E-Mail Privacy Rights, Jason Isaac Miller
"Don't Be Evil": Gmail's Relevant Text Advertisements Violate Google's Own Motto And Your E-Mail Privacy Rights, Jason Isaac Miller
Hofstra Law Review
No abstract provided.
Envisioning Second-Order Change In America's Responses To Troubled And Troublesome Youth, Lois A. Weithorn
Envisioning Second-Order Change In America's Responses To Troubled And Troublesome Youth, Lois A. Weithorn
Hofstra Law Review
Every year hundreds of thousands of troubled and troublesome children experience out-of-home placements under the auspices of the mental health, juvenile justice, and child welfare systems. The annual rates of such placements were higher at the end of the twentieth century thanat any time since comprehensive data were first available in the 1920s. Decades of legislative reform have failed to achieve overall reductions in use of institutions and other out-of-home placements for troubled and troublesome youth. What has changed, however, is the way in which these failures manifest. In recent years, for example, thousands of parents have relinquished custody of …
Responsibility And Control, Michael Louis Corrado
Responsibility And Control, Michael Louis Corrado
Hofstra Law Review
No abstract provided.
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Hofstra Law Review
This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …
The Evolution Of The "Patient": Shifts In Attitudes About Consent, Genetic Information, And Commercialization In Health Care, Janet L. Dolgin
The Evolution Of The "Patient": Shifts In Attitudes About Consent, Genetic Information, And Commercialization In Health Care, Janet L. Dolgin
Hofstra Law Review
This paper considers the importation of the notion of autonomous individuality into the world of healthcare during the last half century; it also explores the related transformation of the patient into a consumer. These developments have many beneficial dimensions. However, this paper focuses on these developments gone awry so that the result is some sort of excess. The paper describes three such excesses. It refers to the first as the elaboration of autonomous individuality and illustrates it with reference to the involution of the informed consent doctrine.The second excess is referred to as the perversion of autonomous individuality; this is …
Business Necessity And Hostile Work Environment: An Evolutionary Step Forward For Title Vii, Eric S. Tilton
Business Necessity And Hostile Work Environment: An Evolutionary Step Forward For Title Vii, Eric S. Tilton
Hofstra Law Review
No abstract provided.
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Hofstra Law Review
No abstract provided.
Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean
Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean
Hofstra Law Review
Political failure has long been the scapegoat for the increasing complexity of the income tax. Over the last few decades, confusion over the meaning of the term simplification appears to have become a second important obstacle to creating simpler tax laws. Because some tax complexity is attractive to taxpayers, relying on taxpayer preferences to identify complexity and to guide simplification efforts has produced reforms and proposals that promise simplification but instead deliver pro-taxpayer deregulation that may cause more of society's resources to be devoted to paying, minimizing and collecting taxes rather than less. The check-the-box election, which provided taxpayers with …
Judicial Enforcement Of Arbitration Agreements: The Stay-Dismissal Dichotomy Of Faa Section 3, Angelina M. Petti
Judicial Enforcement Of Arbitration Agreements: The Stay-Dismissal Dichotomy Of Faa Section 3, Angelina M. Petti
Hofstra Law Review
No abstract provided.
Respecting Intellectually Disabled Parents: A Call For Change In State Termination Of Parental Rights Statutes, Alexis C. Collentine
Respecting Intellectually Disabled Parents: A Call For Change In State Termination Of Parental Rights Statutes, Alexis C. Collentine
Hofstra Law Review
No abstract provided.