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Articles 2161 - 2190 of 11384
Full-Text Articles in Law
State Legislative Update, Melissa Blair, Michael Benton, Jessica Gunder, David Lefevre
State Legislative Update, Melissa Blair, Michael Benton, Jessica Gunder, David Lefevre
Journal of Dispute Resolution
As of December 1, 2006, twenty-eight states have enacted some type of right to cure legislation. On April, 28, 2006, Georgia, one of the twenty-eight, amended its construction defect dispute resolution procedures to clarify the responsibilities of the parties. Pennsylvania attempted to become the twenty-ninth, the bill having passed both houses of the legislature, but the Governor vetoed the bill on March 17. Right to cure legislation was considered in South Dakota, but it was deferred to the 36th Legislative Day on February 8, 2006.
Closing The Door, But Opening A Window: The Supreme Court's Reaffirmation Of Applying The Federal Arbitration Act To The States, Caroline Kornelis
Closing The Door, But Opening A Window: The Supreme Court's Reaffirmation Of Applying The Federal Arbitration Act To The States, Caroline Kornelis
Journal of Dispute Resolution
The instant case reinforces two key Supreme Court cases regarding the enforcement of arbitration agreements, and the requirement that when parties disagree about the validity of a contract which contains an arbitration clause, the dispute should go directly to an arbitrator, and not be determined by a court. While this case adds no new law to the arbitration landscape per se, it does reaffirm the Supreme Court's, as well as Congress's, firm stance on promoting arbitration. At first glance, the opinion seems to be a cut and dry reaffirmation of principles that have been present in Unites States Supreme Court …
White Dollars, Black Candidates: Inequality And Agency In Campaign Finance Law, Terry Smith
White Dollars, Black Candidates: Inequality And Agency In Campaign Finance Law, Terry Smith
South Carolina Law Review
No abstract provided.
Universities And Other Institutions Of Higher Learning
Universities And Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
Primary And Secondary Education
Primary And Secondary Education
The Journal of Law and Education
No abstract provided.
Equal Protection Dilemma: Why Male Adolescent Students Need Federal Protection From Adult Female Teachers Who Prey On Them, Joe Stennis Jr.
Equal Protection Dilemma: Why Male Adolescent Students Need Federal Protection From Adult Female Teachers Who Prey On Them, Joe Stennis Jr.
The Journal of Law and Education
No abstract provided.
The Day The Music Died: The Supreme Court's Reversal Of Mgm Studios, Inc. V. Grokster And Its Impact On Secondary Liability For Copyright Infringement, Heather S. Hall
The Day The Music Died: The Supreme Court's Reversal Of Mgm Studios, Inc. V. Grokster And Its Impact On Secondary Liability For Copyright Infringement, Heather S. Hall
The Journal of Law and Education
No abstract provided.
Enforcement Of The Individuals With Disabilities Education Act: Should States Be Required To Pay For Private Education, Erin Bradley
Enforcement Of The Individuals With Disabilities Education Act: Should States Be Required To Pay For Private Education, Erin Bradley
The Journal of Law and Education
No abstract provided.
Nebraska Transcript (University Of Nebraska College Of Law), Volume 39, Number 2, Spring/Summer 2006
Nebraska Transcript (University Of Nebraska College Of Law), Volume 39, Number 2, Spring/Summer 2006
Nebraska Transcript
World's First Law-Psych Program, with Its Integrative Approach. Continues to Rank Among Best
Law-Psychology Program Attracts Students Worldwide
Trial Consultant Uses His Training To Help Lawyers Be Successful
Juries & Civil Justice: Law-Psychology's Program of Excellence Conference Seeks to Improve Understanding of Jury Process
Utah Connection: Thanks to Efforts of Prof. Marty Gardner, Many Utah Students Attend Law School in Lincoln
Constitution Day: University 'Celebrates' the Constitution Even While Calling Into Question Constitutionality of Its Day
The World of Public Interest Law: Students Breaking the Mold
The New Nebraska Rules of Professional Conduct: A Brief Overview
"Hope for a Global …
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan N. Herman
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan N. Herman
Tulsa Law Review
No abstract provided.
Nadine Strossen And The Aclu, Norman Dorsen
Internationalism And The Dilemmas Of Strategic Patriotism, John Fabian Witt
Internationalism And The Dilemmas Of Strategic Patriotism, John Fabian Witt
Tulsa Law Review
No abstract provided.
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
University of Miami International and Comparative Law Review
No abstract provided.
Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi
Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi
University of Michigan Journal of Law Reform
Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.
Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan
Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan
Mercer Law Review
The Eleventh Circuit Court of Appeals handed down eight published opinions during the 2005 calendar year that dealt distinctively with admiralty issues. The cases represented a broad spectrum of traditional maritime issues, as the court issued opinions on such varied topics as salvage, admiralty practice and procedure, limitation of liability, the Longshore and Harbor Workers' Compensation Act, marine insurance, the Vessel Hull Design Protection Act, and the doctrine of forum non conveniens. With this diverse range of topics covered in its 2005 opinions, the Eleventh Circuit remains one of this country's most important admiralty circuits.
Class Actions, Thomas M. Byrne
Class Actions, Thomas M. Byrne
Mercer Law Review
After an eventful 2004, in which the Eleventh Circuit Court of Appeals explored in depth the class certification requirements of Rule 23 of the Federal Rules of Civil Procedure, the court's 2005 docket presented more threshold questions concerning whether or not putative class actions could proceed past the pleading stage. The court's most important class action decisions during the year addressed the efficacy of contract provisions designed to preclude class actions in favor of individual arbitration proceedings. This issue is among the most controversial in class action law, as many businesses have turned to using standard arbitration provisions to curtail …
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
The 2005 survey period saw a continuation of the diminished number of published decisions by the Eleventh Circuit Court of Appeals in the area of employment discrimination. However, it is interesting to note that the Eleventh Circuit also handed down at least 141 unpublished opinions in employment discrimination cases. Accordingly, while this trend may mean that the topic of employment discrimination is still very much alive and well within the Eleventh Circuit, it may also indicate that there are fewer unsettled questions of law in this area. However, this does not mean that the 2005 survey period was insignificant
Labor And Employment, Jerry C. Newsome, K. Alex Khoury
Labor And Employment, Jerry C. Newsome, K. Alex Khoury
Mercer Law Review
Several significant opinions affecting labor and employment law in the Eleventh Circuit were handed down by the Supreme Court and the Eleventh Circuit's trial and appellate courts during this survey period (January 1, 2005 to December 31, 2005). For example, the United States Supreme Court clarified the meaning of a continuous workday in IBP, Inc. v. Alvarez, expanding the amount of nonproductive time for which employers must pay their workers under the Fair Labor Standards Act ("FLSA"). Further, the Eleventh Circuit Court of Appeals and the United States District Court for the Middle District of Florida enforced a strict standard …
Does The Brown Shoe Fit, Perry A. Zirkel
Does The Brown Shoe Fit, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Who Is Eligible Under The Individuals With Disabilities Education Improvement Act, Robert A. Garda Jr.
Who Is Eligible Under The Individuals With Disabilities Education Improvement Act, Robert A. Garda Jr.
The Journal of Law and Education
No abstract provided.
Separate Public High Schools For Sexual Minority Students And The Limits Of The Brown Analogy, Thomas A. Mayes
Separate Public High Schools For Sexual Minority Students And The Limits Of The Brown Analogy, Thomas A. Mayes
The Journal of Law and Education
No abstract provided.
The Minuteman Project, Gone In A Minute Or Here To Stay? The Origin, History And Future Of Citizen Activism On The United States-Mexico Border, Peter Yoxall
University of Miami Inter-American Law Review
No abstract provided.
Allaying The Outsourcing Tempest: A Candid Look At Outsourcing Vis-A-Vis The Future Of American Jobs, Gary S. Clendenin
Allaying The Outsourcing Tempest: A Candid Look At Outsourcing Vis-A-Vis The Future Of American Jobs, Gary S. Clendenin
University of Miami Business Law Review
No abstract provided.
Understanding Citizen Perspectives On Government Decision-Making Processes As A Way To Improve The Administrative State, David L. Markell
Understanding Citizen Perspectives On Government Decision-Making Processes As A Way To Improve The Administrative State, David L. Markell
Scholarly Publications
This Article explores possible insights from the “procedural justice” literature about features of government decision making processes that citizens are likely to consider to be particularly valuable or important. Numerous commentators have urged that the government take steps to increase citizen participation in its decision making processes as a way to offset concerns about government legitimacy. The premise of the Article is that incorporating into government decision making processes features that are important to citizens is a potentially helpful step in fostering meaningful citizen participation. Processes that citizens value are more likely to be processes that citizens use and that …