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2006

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Articles 391 - 420 of 11365

Full-Text Articles in Law

A Constitutional Amendment To Reform Kentucky’S Courts, Kurt Metzmeier Dec 2006

A Constitutional Amendment To Reform Kentucky’S Courts, Kurt Metzmeier

Faculty and Staff Scholarship

Responding to a confused patchwork of trial courts with overlapping jurisdiction, uneven justice around the state, and a growing backlog of appellate cases, voters in Kentucky went to the polls on November 4, 1975, to approve a sweeping constitutional amendment that radically revised Kentucky’s court system. Although reformers had decried Kentucky’s confusing court system since the 1940s, the real roots of the revision of the judicial article can be found in the failed movement in the late 1960s to replace Kentucky’s 1891 constitution. Unbowed by the defeat, judicial reformers immediately set out to pass a separate amendment reforming the courts, …


"You Don't Have To Be Ludwig Wittgenstein": How Llewellyn's Concept Of Agreement Should Change The Law Of Open-Quantity Contracts, Allen Blair Dec 2006

"You Don't Have To Be Ludwig Wittgenstein": How Llewellyn's Concept Of Agreement Should Change The Law Of Open-Quantity Contracts, Allen Blair

Seton Hall Law Review

No abstract provided.


An Enemy Of Freedom: United States V. James J. Smith And The Assault On The Fourth Amendment, Kelly J. Smith Dec 2006

An Enemy Of Freedom: United States V. James J. Smith And The Assault On The Fourth Amendment, Kelly J. Smith

Loyola of Los Angeles Law Review

No abstract provided.


A Low Threshold Of Guilt: Interpreting California's Fetal Murder Statute In People V. Taylor, Monica Mendes Dec 2006

A Low Threshold Of Guilt: Interpreting California's Fetal Murder Statute In People V. Taylor, Monica Mendes

Loyola of Los Angeles Law Review

No abstract provided.


Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak Dec 2006

Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak

Duke Law Journal

This Article is a work of transnational legal history. Drawing upon new research in foreign archives, it sheds new light on the life of Thurgood Marshall, exploring for the first time an episode that he cared very deeply about. his work with African nationalists on an independence constitution for Kenya. The story is paradoxical, for Marshall, a civil rights legend in America, would seek to protect the rights of white landholders in Kenya who had gained their land through discriminatory land laws, but were soon to lose political power. In order to understand why Marshall would take pride in entrenching …


Against Individually Signed Judicial Opinions, James Markham Dec 2006

Against Individually Signed Judicial Opinions, James Markham

Duke Law Journal

No abstract provided.


Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel Dec 2006

Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel

Duke Law Journal

In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.


Journal Staff Dec 2006

Journal Staff

Duke Law Journal

No abstract provided.


Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone Dec 2006

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Duke Law Journal

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …


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

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.


Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2006

Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-65


Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt Dec 2006

Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks Leonard Dec 2006

After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks Leonard

Scholarly Works

Disaster planning for health care providers following the September 11, 2001, terrorist attacks and, more recently, Hurricane Katrina, focuses on preparing hospitals and other emergency services to respond to victims' medical needs. But little attention has been paid to the challenges that providers would face resuming normal operations after responding to the catastrophe. A large-scale catastrophe could create unprecedented demand for health care and emergency services. Hospitals already struggle to fulfill the high demand for and high costs of emergency care. Following a major disaster, hospitals would face additional financial challenges. Strained capacity and financial reserves, may force hospitals to …


Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann Dec 2006

Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann

Faculty Scholarship

If the federal court in Florida had granted preliminary relief to allow itself more time to consider the constitutional claims that Terri Schiavo's parents brought on her behalf, and if, as expected, those claims were ultimately rejected, the federal court would have been placed in the unenviable position of having to be the institution that made the final decision to terminate Terri Schiavo's feeding and other treatment. Although I have no way of knowing whether this fact, which has not been noted in the commentary,' actually entered into the mind of any of the federal judges who considered the case, …


A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun Dec 2006

A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun

Research Collection Yong Pung How School Of Law

The ever-increasing digitization of works, along with the deployment of technical measures to protect such works and the expansive use of the Internet, further exacerbate the divide between the IP-rich and IP-poor countries in their ability to benefit from such works. It is suggested by this paper that to borrow from experiences on how the telecommunications world provides universal service to each and every household at affordable prices, and to endeavor to shed some new light on how the copyright divide can be narrowed. It is structured in three parts. The first part will examine the past and future failure …


Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich Dec 2006

Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich

Articles

The article examines the role of portraits in law schools, arguing that these images are not merely decorative but serve as powerful symbols that shape institutional identity and the legal profession. Despite their ubiquity, these portraits are often overlooked, yet they function as megalographs, inscribing and disseminating the values, history, and authority of the institution. The author contends that these visual elements play a crucial role in the formation of legal identity and the symbolic order of law schools.


The Value Of U.S. Patents By Owner And Patent Characteristics, James Bessen Dec 2006

The Value Of U.S. Patents By Owner And Patent Characteristics, James Bessen

Faculty Scholarship

This paper uses renewal data to estimate the value of U.S. patents, controlling for patent and owner characteristics. Estimates of U.S. patent value are substantially larger than estimates for European patents, however, the ratio of U.S. patent value to R&D for firms is only about 3%. Patents issued to small patentees are much less valuable than those issued to large corporations, perhaps reflecting imperfect markets for technology. Litigated patents are more valuable, as are highly cited patents. However, patent citations explain little variance in value, suggesting limits to their use as a measure of patent quality.


Symposium: The Role Of The Judge In The Twenty-First Century: Introduction, Eva Nilsen Dec 2006

Symposium: The Role Of The Judge In The Twenty-First Century: Introduction, Eva Nilsen

Faculty Scholarship

The contents of this special issue of the Boston University Law Review are the product of a symposium on "The Role of the Judge in the Twenty-First Century," held on April 21st and 22nd, 2006 at the Boston University School of Law. The symposium presented a rare opportunity for a distinguished group of federal judges and academics to exchange ideas about some of the most pressing and controversial subjects facing the courts. Over the course of two days, panelists explored a number of ongoing challenges to the judiciary, including threats to judicial independence, national security imperatives, exploding caseloads, increasing reliance …


Duty In Tort Law: An Economic Approach, Keith N. Hylton Dec 2006

Duty In Tort Law: An Economic Approach, Keith N. Hylton

Faculty Scholarship

Theories of tort law have focused on the breach and causation components of negligence, saying little if anything about duty. This paper provides a positive economic theory of duty doctrine. The theory that best explains duty doctrines in tort law is the same as the theory that explains strict liability doctrine. The core function of both sets of doctrines is to regulate the frequency or scale of activities that have substantial external effects. Strict liability aims to suppress or tax activities that carry unusually large external costs. Duty doctrines, especially those relieving actors of a duty of care, serve several …


E. Nathaniel Gates, Paul Finkelman Dec 2006

E. Nathaniel Gates, Paul Finkelman

Cardozo Law Review

No abstract provided.


Professor Elbert Gates: A Recollection, Charles M. Yablon Dec 2006

Professor Elbert Gates: A Recollection, Charles M. Yablon

Cardozo Law Review

No abstract provided.


States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr. Dec 2006

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.


Exactions: Exploring Exactly When Nollan And Dolan Should Be Triggered, Jane C. Needleman Dec 2006

Exactions: Exploring Exactly When Nollan And Dolan Should Be Triggered, Jane C. Needleman

Cardozo Law Review

No abstract provided.


Is A Giant Inflatable Rat An Unlawful Secondary Picket Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act?, Tzvi Mackson-Landsberg Dec 2006

Is A Giant Inflatable Rat An Unlawful Secondary Picket Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act?, Tzvi Mackson-Landsberg

Cardozo Law Review

No abstract provided.


The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Dec 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden Dec 2006

Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden

Articles & Chapters

Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …


E. Nathaniel Gates, 1954-2006 Dec 2006

E. Nathaniel Gates, 1954-2006

Cardozo Law Review

No abstract provided.


The Disgorgement Interest In Contract Law, Melvin A. Eisenberg Dec 2006

The Disgorgement Interest In Contract Law, Melvin A. Eisenberg

Michigan Law Review

Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …


Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey Dec 2006

Party On: The Right To Voluntary Blanket Primaries, Margaret P. Aisenbrey

Michigan Law Review

Political parties have unique associational rights. In party primaries, party members associate to further their common political beliefs, and more importantly, to nominate candidates. These candidate are the "standard bearer[s]" for the political party-the people who "best represent[ ] the party's ideologies and preferences." The primary represents a "crucial juncture at which the appeal to common principles may be translated into concerted action, and hence to political power in the community." Because the primary is such a critical moment for the political party, the party's asso-ciational rights are most important at this time.


Remembering El Gates, David Gray Carlson Dec 2006

Remembering El Gates, David Gray Carlson

Cardozo Law Review

No abstract provided.