Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 9451 - 9480 of 10093

Full-Text Articles in Law

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law Jan 2005

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

Cardozo Law Review

No abstract provided.

Go to article

Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik Jan 2005

Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik

Cardozo Law Review

How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …

Go to article

Three Jeromes: A Tribute To Professor Jerome Mccristal Culp, Jr., Adrienne D. Davis Jan 2005

Three Jeromes: A Tribute To Professor Jerome Mccristal Culp, Jr., Adrienne D. Davis

Scholarship@WashULaw

Whatever our perspectival and methodological differences, one thing we can all agree on about Jerome as a scholar: the man was prolific. He published over twenty articles, plus book chapters and a book, all penned with eloquence and what we now recognize as quintessentially 'Jeromeesque" passion. He published in major symposia as well as the most prestigious law reviews. For those who do not know Jerome's work as well, and for those of us who do but are still taking in the volume of it, I thought I would offer three snapshots of Jerome's writing career, hoping to capture some …

Go to article

Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian Jan 2005

Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian

Scholarship@WashULaw

We live in a time when our right to speak out against our government faces threats unimagined since the Vietnam era. As the present war in Iraq and the campaign against international terrorism have dragged on, the federal and state governments as well as nongovernmental institutions have grown increasingly bold in their efforts to suppress political dissent. Law enforcement officers infiltrate and bully peaceful dissident groups; police crack down brutally on mass demonstrations; cities confine protesters at major political events to ironically designated “free speech zones.” These events buttress a contention, familiar from the work of several prominent First Amendment …

Go to article

Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey Jan 2005

Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

The discharge in bankruptcy embodies the policy that relief should be granted to an individual who has ceased to be economically productive by virtue of burdensome debt obligations (the fresh start policy). Once the debtor has been deemed eligible for discharge, forgiveness of debt is automatic, accomplished through legislative rule and its judicial enforcement. With regard to the discharge of educational debt, however, Congress has devolved the exercise of debt relief to courts. An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge. A court …

Go to article

Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch Jan 2005

Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

Investment banks play an intermediary role in the financial system that is integral to its efficient operation. A core, and highly visible, part of their work involves providing financial advisory services to institutional clients on transactions that have strategic importance, such as mergers and acquisitions. As these services are but one aspect of the broad and diverse range of financial services that investment banks typically provide, challenges such as conflicts of interest inevitably arise. Somewhat anomalously, the question of whether these firms owe fiduciary duties to their clients when providing financial advisory services has received little regulatory, judicial or scholarly …

Go to article

Table Of Contents Jan 2005

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Go to article

Financial Innovation Patents: The Future Of The Futures Markets, Or Old Wine In New Bottles?, John Fazzio Jan 2005

Financial Innovation Patents: The Future Of The Futures Markets, Or Old Wine In New Bottles?, John Fazzio

Computer Law Review and Technology Journal

Electronic exchanges and electronic trading are the future of the futures industry. Since the landmark case State Street Bank & Trust Co. v. Signature Financial Group, Inc., the volume of trading on electronic exchanges has grown at ten times the pace of open outcry trading.4 Institutions and brokerage houses have rushed to the patent office to protect business methods, and an industry of Independent Software Providers ("ISPs") has sprung up to meet the demand for new trading technologies. These developments have reshaped the commodity and futures landscape. In response, the Commodity Futures Trading Commission ("CFTC") passed regulations regarding order …

Go to article

North American Anti-Circumvention: Implementation Of The Wipo Internet Treaties In The United States, Mexico And Canada, Heather A. Sapp Jan 2005

North American Anti-Circumvention: Implementation Of The Wipo Internet Treaties In The United States, Mexico And Canada, Heather A. Sapp

Computer Law Review and Technology Journal

The speed and ease with which digital formats of copyrighted works can be copied and exchanged on the Internet have given rise to "legal developments that once might have seemed unlikely or unthinkable." Although the digital era was hailed by many for the potential of providing a global marketplace for copyrighted works, many copyright holders were concerned about the ease of digital piracy. In some senses, despite the promise of new markets and increases in efficiency, the digital era signaled a copyright holder's nightmare. Works could be immediately and perfectly copied and then immediately and perfectly distributed. As a result, …

Go to article

Liability Of Isps: Immunity From Liability Under The Digital Millennium Copyright Act And The Communications Decency Act, Cyrus S. J. Manekshaw Jan 2005

Liability Of Isps: Immunity From Liability Under The Digital Millennium Copyright Act And The Communications Decency Act, Cyrus S. J. Manekshaw

Computer Law Review and Technology Journal

The Internet has so completely permeated our lives in the past ten years that often we do not fully realize how truly revolutionary this technology is or how many legal issues and problems it can present. At its most basic level, the Internet is a system of worldwide computer networks that transfer data. To the ordinary user, the Internet is an all-purpose essential tool used to do everything from checking e-mail and reading the news to playing games and sharing music, pictures, and ideas. The power to share ideas and communicate with people all around the globe is the Internet's …

Go to article

The Speed Of Normal: Conflicts, Competency, And Confidentiality In The Digital Age, David Hricik Jan 2005

The Speed Of Normal: Conflicts, Competency, And Confidentiality In The Digital Age, David Hricik

Computer Law Review and Technology Journal

Digitalization has increased the speed of communications in all areas, including law. Although in many ways technology has made practice easier, quicker, and more efficient, the dawn of the digital age has increased the need for lawyers to focus on legal ethics. As always, lawyers must be concerned about confidentiality, conflicts, and competency. Those fundamentals remain unchanged. However, the vast increases in storage capacity, the lightning-quick speed of communication, and the ability to allow access to data over the Internet have each made it more important for lawyers to focus on the impact of technology on these core principles of …

Go to article

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.

Go to article

Constitutional Law - Search And Seizure: The North Dakota Supreme Court Considers Whether An Officer May Search A Non-Arrested Person's Purse Incident To The Arrest Of Another Person In The Same Vehicle - State V. Tognotti, Kirsten M. Sjue Jan 2005

Constitutional Law - Search And Seizure: The North Dakota Supreme Court Considers Whether An Officer May Search A Non-Arrested Person's Purse Incident To The Arrest Of Another Person In The Same Vehicle - State V. Tognotti, Kirsten M. Sjue

North Dakota Law Review

No abstract provided.

Go to article

Randy Lee, Larry Kraft Jan 2005

Randy Lee, Larry Kraft

North Dakota Law Review

No abstract provided.

Go to article

Randy Lee, Our Friend, Owen L. Anderson, Kathie Anderson Jan 2005

Randy Lee, Our Friend, Owen L. Anderson, Kathie Anderson

North Dakota Law Review

No abstract provided.

Go to article

The Student's Professor, Douglas W. Murch Jan 2005

The Student's Professor, Douglas W. Murch

North Dakota Law Review

No abstract provided.

Go to article

Reflections On Professor Lee, Kari M. Knudson, Sara K. Sorenson Jan 2005

Reflections On Professor Lee, Kari M. Knudson, Sara K. Sorenson

North Dakota Law Review

No abstract provided.

Go to article

Me, Randy Lee And The Susans: An Informal, Mostly Non-Legal Essay On The Use Of Indian Nicknames For Sports Teams, Robert Laurence Jan 2005

Me, Randy Lee And The Susans: An Informal, Mostly Non-Legal Essay On The Use Of Indian Nicknames For Sports Teams, Robert Laurence

North Dakota Law Review

No abstract provided.

Go to article

The Last Gift, Paula Lee Jan 2005

The Last Gift, Paula Lee

North Dakota Law Review

No abstract provided.

Go to article

Equality For Women: Integration And Acceptance Of Women In The Legal Profession And The Impact Of Women In The Legal Profession, Jane C. Voglewede Jan 2005

Equality For Women: Integration And Acceptance Of Women In The Legal Profession And The Impact Of Women In The Legal Profession, Jane C. Voglewede

North Dakota Law Review

No abstract provided.

Go to article

Constitutional Law - Self-Incrimination: The United State Supreme Court Upholds Requirement To Provide Identification During A Lawful Search And Seizure - Hiibel V. Sixth Judicial District Court Of Nevada, Matthew Schmidt Jan 2005

Constitutional Law - Self-Incrimination: The United State Supreme Court Upholds Requirement To Provide Identification During A Lawful Search And Seizure - Hiibel V. Sixth Judicial District Court Of Nevada, Matthew Schmidt

North Dakota Law Review

No abstract provided.

Go to article

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.

Go to article

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries Jan 2005

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Faculty Law Review Articles

Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …

Go to article

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.

Go to article

The Personal As Predicate, Patti Alleva Jan 2005

The Personal As Predicate, Patti Alleva

North Dakota Law Review

No abstract provided.

Go to article

Reflections On Fifteen Years Of The Teague V. Lane Retroactivity Paradigm: A Study Of The Persistence, The Pervasiveness, And The Perversity Of The Court's Doctrine, Lyn Entzeroth Jan 2005

Reflections On Fifteen Years Of The Teague V. Lane Retroactivity Paradigm: A Study Of The Persistence, The Pervasiveness, And The Perversity Of The Court's Doctrine, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

The Original Meaning Of The Establishment Clause, Robert G. Natelson Jan 2005

The Original Meaning Of The Establishment Clause, Robert G. Natelson

Faculty Law Review Articles

The article builds on Establishment Clause studies conducted by Noah Feldman and Philip Hamburger, which utilize ratification materials to explain the founding generation's free exercise ideology and the emergence of the Establishment Clause from that ideology. In this article, the author demonstrates how the "religion terms" of the Gentlemen's Agreement clarifies the meaning of the Establishment Clause so that persistent interpretive difficulties largely disappear.

Go to article

Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor Jan 2005

Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor

American University Law Review

No abstract provided.

Go to article

Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr. Jan 2005

Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.

American University Law Review

No abstract provided.

Go to article

The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege Jan 2005

The Proven Key: Roles And Rules For Dictionaries At The Patent Office And The Courts, Joseph Scott Miller, James A. Hilsentege

American University Law Review

No abstract provided.

Go to article

First Prev Next Last