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2005

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Articles 9271 - 9300 of 10093

Full-Text Articles in Law

Public Space Travel - 2005: A Legal Odyssey Into The Current Regulatory Environment For United States Space Adventurers Pioneering The Final Frontier, Spencer H. Bromberg Jan 2005

Public Space Travel - 2005: A Legal Odyssey Into The Current Regulatory Environment For United States Space Adventurers Pioneering The Final Frontier, Spencer H. Bromberg

Journal of Air Law and Commerce

No abstract provided.

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Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost Jan 2005

Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost

St. Mary's Law Journal

The split amongst Texas officials regarding how to address the growing problem of enforcing environmental laws can most clearly be seen in the legislation surrounding environmental crimes. The most notable aspect of the 2003 amendment to the Texas Water Code (TWC) requires permission from the Texas Commission on Environmental Quality (TCEQ) before criminal charges may be brought against permit holders for criminal violations. The purpose of TCEQ’s administrative penalties is to focus primarily on pushing companies into compliance with the code. Yet, the TWC amendment brings the entire spectrum of polluters, from corporate dumpers to individual litterbugs, under its primary …

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Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba Jan 2005

Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba

St. Mary's Law Journal

The unpredictability of court decisions on covenants not to compete is an attorney’s nightmare in Texas. The Texas Supreme Court's decision in Light v. Centel Cellular (Light II), holding that trade secrets may serve as independent consideration for a valid covenant not to compete, has only exacerbated the situation. Currently, attorneys and clients alike are at the mercy of judicial unpredictability. Texas courts have managed to muddle their own underlying public policy on covenants not to compete with trade secrets. During the years preceding Light II, Texas courts consistently struck a balance between the legitimate rights of employers to protect …

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Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson Jan 2005

Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson

St. Mary's Law Journal

Construction is the largest industry in the United States, and some regard the industry as the engine of the nation’s economy. Only the unavailability of unskilled labor can slow the growth of the construction industry in Texas. As such, Texas has welcomed the construction boom and has enacted statutes to accommodate further industry growth. Texas’ first legislative response came in the form of the Residential Construction Liability Act (RCLA). The RCLA alleviated liability for builders incurred under the Deceptive Trade Practices Act (DTPA). In 2003, the Texas Legislature continued to legislate in favor of builders by passing the Texas Residential …

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Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly Jan 2005

Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly

St. Mary's Law Journal

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of …

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Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai Jan 2005

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

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A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino Jan 2005

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino

Faculty Articles

No abstract provided.

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The Gorge A. Leet Business Law Symposium: Corporate Governance: Directors Vs. Shareholders? - Introduction, George Dent Jan 2005

The Gorge A. Leet Business Law Symposium: Corporate Governance: Directors Vs. Shareholders? - Introduction, George Dent

Case Western Reserve Law Review

No abstract provided.

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Remarks Of Sec Commissioner Roel C. Campos, Roel C. Campos Jan 2005

Remarks Of Sec Commissioner Roel C. Campos, Roel C. Campos

Case Western Reserve Law Review

No abstract provided.

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Comment: The Case For Real Shareholder Democracy, George Dent Jan 2005

Comment: The Case For Real Shareholder Democracy, George Dent

Case Western Reserve Law Review

No abstract provided.

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The Case For Shareholder Access: A Response To The Business Roundtable, Lucian Arye Bebchuk Jan 2005

The Case For Shareholder Access: A Response To The Business Roundtable, Lucian Arye Bebchuk

Case Western Reserve Law Review

No abstract provided.

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Reach Out And Tax Someone: I.R.C. Section 4252(B)(1) And The Disappearance Of Taxable Long-Distance Service, Kurt A. Leeper Jan 2005

Reach Out And Tax Someone: I.R.C. Section 4252(B)(1) And The Disappearance Of Taxable Long-Distance Service, Kurt A. Leeper

Case Western Reserve Law Review

No abstract provided.

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Masthead, Volume 55 Issue 4 (2005) Jan 2005

Masthead, Volume 55 Issue 4 (2005)

Case Western Reserve Law Review

No abstract provided.

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A Freedom-Promoting Approach To Property: A Renewed Tradition For New Debates, Jedediah Purdy Jan 2005

A Freedom-Promoting Approach To Property: A Renewed Tradition For New Debates, Jedediah Purdy

Faculty Scholarship

In this article, Professor Purdy identifies, articulates, and defends a normative approach to property as an institution that promotes human freedom. The conception of freedom that the article defends is derived from the work of the Nobel laureate economist Amartya Sen, and defines freedom as the achievement and enjoyment of capabilities, the power to do things along various dimensions of human potential - social, economic, political, physical, intellectual, artistic, and so forth. Professor Purdy's argument has several complementary dimensions. One is close attention to several areas of concrete, ongoing debate over reform in basic features of property rights: land title …

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The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale Jan 2005

The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale

Faculty Scholarship

No abstract provided.

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The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen Jan 2005

The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen

Law Faculty Publications

In this Article, I will address environmental issues in the context of our rapidly evolving understanding of "restructuring." The market for electricity is fast becoming a series of regional marketplaces for wholesale transactions, operating on bid-based systems that move power at the lowest cost. There are plenty of states where power is still delivered as it has been for decades: by "bundled" service provided by vertically integrated utilities. However, the trend is toward regionalization, where independent entities control the transmission grid and play a major role in determining how power is delivered. These market participants, confusingly, have been known by …

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The Blackout Of 2003: What Is Next?, Joel B. Eisen Jan 2005

The Blackout Of 2003: What Is Next?, Joel B. Eisen

Law Faculty Publications

The blackout of August 2003 was a massive dislocation of American life, with millions of people in eight states and Canada losing power and a cost estimated in billions of dollars. As many as fifty million people were affected by the blackout. While the ultimate cause of the blackout is still being investigated, the implications for national policy may not be fully known for decades. The blackout was a wake up call and a watershed event that calls for reevaluation of just about every facet of the electric utility industry. We tend to think of a "wakeup call" as something …

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Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein Jan 2005

Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein

Law Faculty Publications

fiscal years and deducted the overpayment from its payments to H during that year. The fiscal year 2000 was also the year that H filed for Chapter 11. H filed an adversary proceeding against US contending that the deductions within four months before H's bankruptcy filing were voidable preferential transfers and that US's deductions after the bankruptcy filing were in violation of the automatic stay. The bankruptcy judge, the district court judge, and a unanimous appellate court panel looked to the law of recoupment to hold that US's reduction of payments was neither a preferential transfer nor a violation of …

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Student Expression In The Age Of Columbine: Securing Safety And Protecting First Amendment Rights, David L. Hudson Jr. Jan 2005

Student Expression In The Age Of Columbine: Securing Safety And Protecting First Amendment Rights, David L. Hudson Jr.

Law Faculty Scholarship

"Student Expression in the Age of Columbine" is one in an ongoing series of First Reports, published by the First Amendment Center, on major First Amendment issues of our time.

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Justice Brennan's Significant Departure And Warning Of An Evisceration, David L. Hudson Jr. Jan 2005

Justice Brennan's Significant Departure And Warning Of An Evisceration, David L. Hudson Jr.

Law Faculty Scholarship

An essay on Justice Brennan's First Amendment jurisprudence regarding obscenity and the secondary effects doctrine.

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Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein, Jonathan A. Nockels Jan 2005

Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein, Jonathan A. Nockels

SMU Law Review

No abstract provided.

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Jury Of Our Peers: An Unfulfilled Constitutional Promise, Robert C. Walters, Michael D. Marin, Mark Curriden Jan 2005

Jury Of Our Peers: An Unfulfilled Constitutional Promise, Robert C. Walters, Michael D. Marin, Mark Curriden

SMU Law Review

No abstract provided.

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Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher Jan 2005

Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to challenge these erroneous assumptions, that fault is "no longer an issue" in modem American divorce law, and that a spouse on divorce should not be compensated for his or her non-economic contributions to the marriage and to the well-being of the family.

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A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown Jan 2005

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Law Faculty Publications

For more than a century, conservation easements have been used in the United States to maintain open space or protect the environment. Such easements produce a public good. They increase the amount of protected landscapes by preserving property encumbered by easements from private development or consumption while simultaneously allowing grantors the flexibility to negotiate the retention of development rights tailored to meet the grantors' needs. My thesis is that private parties should have a common law property interest in conservation easements sufficient to confer standing to seek injunctive relief to enforce conservation easements and to sue for damages when they …

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Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol N. Brown Jan 2005

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol N. Brown

Law Faculty Publications

When does resorting to random selection by casting lots produce a just distribution or allocation of property? Some argue generally in support of casting lots, asserting that it is a viable substitute for equal distribution of property. Others argue against casting lots, contending that it undermines distributive justice. This article considers instances of casting lots from the nineteenth century to the present and explains why the latter view is the better view.

The Antelope is one of the earliest United States Supreme Court cases addressing distribution of property by casting lots. It chronicles a dispute over the allocation of captured …

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Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla Jan 2005

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Law Faculty Publications

William Van Alstyne’s contributions to First Amendment interpretation, like his contributions to all of American constitutional law, are characterized by a piercing intellectual honesty and an impish play of intelligence. One feels relentlessly pulled by the elegant currents of Professor Van Alsytne’s arguments, yet, at the same time, restlessly resistant, a resistance borne of the vague but certain wariness that one is but an apprentice forever consigned to a level of awareness several moves behind the master, who almost certainly will produce surprises at the end. ...

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A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs Jan 2005

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

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Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner Jan 2005

Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Review of Judith Richards Hope, Pinstripes & Pearls: The Women of the Harvard Law School Class of '64 Who Forged an Old-Girl Network and Paved the Way for Future Generations (2003)

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A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue Jan 2005

A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue

Law Faculty Publications

Cardiovascular diseases are major contributors to death, disability, disparities, and reduced quality of life in the United States. Successful prevention and control of these diseases requires a comprehensive approach applied across multiple public health settings and in all life stages. Individual lifestyle and behavior change, as well as the broader social, environmental, and policy changes that enable healthy lifestyles, are necessary. Legal strategies can be powerful tools in this endeavor. This review presents seven such strategies applicable at the federal, state, and local levels that can be employed by healthcare providers, public health practitioners, legislators, and other policymakers. They include …

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Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate. Jan 2005

Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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