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2006

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Institution
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Articles 1981 - 2010 of 11384

Full-Text Articles in Law

A Broad View Of Access, Jonathan D. Glater Aug 2006

A Broad View Of Access, Jonathan D. Glater

Loyola of Los Angeles Law Review

No abstract provided.


The Politics Of Criticizing Judges, Anthony Champagne Aug 2006

The Politics Of Criticizing Judges, Anthony Champagne

Loyola of Los Angeles Law Review

No abstract provided.


Kaplan And Regarded As: Does The Ada Discriminate Between Real And Perceived Disability, Thomas N. Abbott Aug 2006

Kaplan And Regarded As: Does The Ada Discriminate Between Real And Perceived Disability, Thomas N. Abbott

Loyola of Los Angeles Law Review

No abstract provided.


Aetna V. Davila: Absolution For Managed Health Care Organizations, Amber M. Schuknecht Aug 2006

Aetna V. Davila: Absolution For Managed Health Care Organizations, Amber M. Schuknecht

Loyola of Los Angeles Law Review

No abstract provided.


Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A. Aug 2006

Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.


License To Drive: Pioneering A Compromise To Allow Undocumented Immigrants Access To The Roads, Spencer Garlick Aug 2006

License To Drive: Pioneering A Compromise To Allow Undocumented Immigrants Access To The Roads, Spencer Garlick

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Banished! - New Jersey's Municipalities' Unconstitutional Trend Of Banishing Sex Offenders, Matthew R. Petracca Aug 2006

Banished! - New Jersey's Municipalities' Unconstitutional Trend Of Banishing Sex Offenders, Matthew R. Petracca

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Socializing Law, Privatizing Law, Monopolizing Law, Accessing Law, Stephen C. Yeazell Aug 2006

Socializing Law, Privatizing Law, Monopolizing Law, Accessing Law, Stephen C. Yeazell

Loyola of Los Angeles Law Review

No abstract provided.


Tort Reform - What About The Little Guy, Dawn House Aug 2006

Tort Reform - What About The Little Guy, Dawn House

Loyola of Los Angeles Law Review

No abstract provided.


Editorial Board - Vol. 31, No. 1 2006 Aug 2006

Editorial Board - Vol. 31, No. 1 2006

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Be Careful What You Say: One Court's Look At Confidentiality Under The Uniform Mediation Act, David G. Tomeo Aug 2006

Be Careful What You Say: One Court's Look At Confidentiality Under The Uniform Mediation Act, David G. Tomeo

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Privacy For The Working Class: Public Work And Private Lives, Michael Selmi Aug 2006

Privacy For The Working Class: Public Work And Private Lives, Michael Selmi

Louisiana Law Review

No abstract provided.


Law Library Briefs, Roger Williams University School Of Law Library Aug 2006

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.


From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger Aug 2006

From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger

Faculty Scholarship

No abstract provided.


The Role Of News Leaks In Governance And The Law Of Journalists' Confidentiality, 1795-2005, Richard B. Kielbowicz Aug 2006

The Role Of News Leaks In Governance And The Law Of Journalists' Confidentiality, 1795-2005, Richard B. Kielbowicz

San Diego Law Review

When the Supreme Court first grappled with prior restraints and the rights of reporters to attend criminal trials, it looked to history and the societal functions of the media in establishing presumptions that favored the press. This Article follows a similar path. Part II sketches the role of leaks in governance between the adoption of the Constitution and World War II to underscore the integral role leaks have played in the nation's political communication. Part III shows that the general law of journalists' confidentiality before and after Branzburg developed with little regard for the distinct institutional contributions of leaks. Part …


Dignity And Conflicts Of Constitutional Values: The Case Of Free Speech And Equal Protection, R. George Wright Aug 2006

Dignity And Conflicts Of Constitutional Values: The Case Of Free Speech And Equal Protection, R. George Wright

San Diego Law Review

This Article posits a conception of dignity, as expressed through the philosophy of Immanuel Kant (1724-1804), as a useful concept to apply to situations when values from the United States constitution conflict. The concept of dignity is proposed specifically to break stalemates between values of free speech and equal protection. As an example the article reviews the issues raised by various forms of hate speech and the flying of confederate flags at public schools. The Kantian take on the concept of dignity employs condemnation of certain behaviors, such as mocking another person. Thereby as an example, if the behavior in …


Keelhauling Pirates: How Ex Parte Seizure Of Non-Interfering Lpfm Does Not Further The Fcc's "Public Interest", Buck Endemann Aug 2006

Keelhauling Pirates: How Ex Parte Seizure Of Non-Interfering Lpfm Does Not Further The Fcc's "Public Interest", Buck Endemann

San Diego Law Review

This Comment describes how FCC regulatory policy has shifted from the "public trust" model to a privately driven approach. Ex parte seizure of non-interfering pirate radio equipment does not match current FCC regulatory theory and works against traditional "public interest" factors. Part III analyzes new FCC policy towards Low Power FM and suggests that the Supreme Court develop fresh precedent to keep pace. Part IV addresses Fourth Amendment concerns by exploring alternate enforcement methods and proposing more reasonable approaches to license enforcement. Finally, Part V analyzes the Due Process implications of ex parte seizures under the Supreme Court's Mathews framework. …


V.43-3, 2006 Masthead Aug 2006

V.43-3, 2006 Masthead

San Diego Law Review

No abstract provided.


On Art Theft, Tax, And Time: Triangulating Ownership Disputes Through The Tax Code, Anne-Marie Rhodes Aug 2006

On Art Theft, Tax, And Time: Triangulating Ownership Disputes Through The Tax Code, Anne-Marie Rhodes

San Diego Law Review

This Article will examine ways in which the tax code can be used in fashioning settlements between individuals over disputed Nazi-looted art. Part II provides an overview of Nazi-era art looting. Part III examines the income tax charitable deduction as a tool in settling disputes. Part IV explores the theft loss deduction as a possible tool in crafting settlements. Part V discusses the policy ramifications of using the tax code to resolve these private art disputes and proposes allowing a theft loss deduction when Nazi-looted art is returned to the owner.


The Law And Norms Of File Sharing, Yuval Feldman, Janice Nadler Aug 2006

The Law And Norms Of File Sharing, Yuval Feldman, Janice Nadler

San Diego Law Review

This Article provides a survey of the current status of file sharing in the law. File sharing raises issues of copyright law, harm to sellers of media, and issues of morality (harming another financially) in general. The article addresses the effect that the perception of recording industry greed has on the decision to share files, as well as the perception of legality that the populous at large has about sharing files. The article thus takes both an introspective look at the status of the law regarding file sharing and gauges the current climate of motivations behind the behaviorally driven phenomenon. …


Recoiling From Religion, Marc O. Degirolami Aug 2006

Recoiling From Religion, Marc O. Degirolami

San Diego Law Review

DeGirolami here reviews a book by Professor Marci A. Hamilton, God vs. The Gavel: Religion and the Rule of Law (Cambridge Univ. Press 2005). This review ultimately critiques Hamilton's notion of "the public good", first explicating the structure and theory of the book. Hamilton was counsel for religious accommodation cases dealing with horrific child abuse and neglect with subsequent failure to act by religious institutions. From these cases she forms in her book the theory that the phrase "free exercise" in the U.S. Constitution does not give constitutional protection for religious exercise in the public square at all, because she …


Water, Water Everywhere, And Not A Bite To Eat: Sovereign Immunity, Federal Disaster Relief, And Hurricane Katrina, Nathan Smith Aug 2006

Water, Water Everywhere, And Not A Bite To Eat: Sovereign Immunity, Federal Disaster Relief, And Hurricane Katrina, Nathan Smith

San Diego Law Review

This Comment contends that judicial review should be available to Katrina victims whose injuries arose from failure to receive emergency food supplies. Reviewing the liability landscape in its entirety would require investigation of laws, regulations, and plans on the federal state, and municipal levels. Instead, this Comment focuses specifically on claims that New Orleans residents might pursue against the federal government for its failure to provide adequate food.


Contents Aug 2006

Contents

Louisiana Law Review

No abstract provided.


Foreword: What We Talk About When We Talk About Workplace Privacy, Anita Bernstein Aug 2006

Foreword: What We Talk About When We Talk About Workplace Privacy, Anita Bernstein

Louisiana Law Review

No abstract provided.


Life Away From Work, Matthew W. Finkin Aug 2006

Life Away From Work, Matthew W. Finkin

Louisiana Law Review

No abstract provided.


Consenting Employees: Workplace Privacy And The Role Of Consent, Steven L. Willborn Aug 2006

Consenting Employees: Workplace Privacy And The Role Of Consent, Steven L. Willborn

Louisiana Law Review

No abstract provided.


Collective And Individual Approaches To Protecting Employee Privacy: The Experience With Workplace Drug Testing, Pauline T. Kim Aug 2006

Collective And Individual Approaches To Protecting Employee Privacy: The Experience With Workplace Drug Testing, Pauline T. Kim

Louisiana Law Review

No abstract provided.


Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman Aug 2006

Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman

Louisiana Law Review

No abstract provided.


Privacy Issues Affecting Employers, Employees, And Labor Organizations, Charles B. Craver Aug 2006

Privacy Issues Affecting Employers, Employees, And Labor Organizations, Charles B. Craver

Louisiana Law Review

No abstract provided.


Privacy, Power, And Humiliation At Work: Re-Examining Appearance Regulation As An Invasion Of Privacy, Catherine L. Fisk Aug 2006

Privacy, Power, And Humiliation At Work: Re-Examining Appearance Regulation As An Invasion Of Privacy, Catherine L. Fisk

Louisiana Law Review

No abstract provided.