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Articles 541 - 570 of 11365
Full-Text Articles in Law
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
William & Mary Law Review
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Missouri Law Review
This article surveys the history of bankruptcy data and identifies the BAPCPA provisions that bear directly on research. It concludes by examining how such studies will and should proceed. BAPCPA provides both opportunities and hazards to advance our understanding of bankruptcy. The development of comprehensive federal data offers the potential to dramatically increase the scope of knowledge about the bankruptcy system. The peril lies in the government conducting its research without the transparency and accountability necessary to convince private industry, academic scholars, and the general public of the integrity and usefulness of these data. Rather than eclipsing academic research, the …
Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn
Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn
Missouri Law Review
The Westboro Baptist Church, led by Fred Phelps and based in Topeka, Kansas, has received national attention since the early 1990s, when members of this vehemently anti-homosexual group began actively protesting events involving prominent homosexual people. Eventually, these protests grew to include people who were even marginally supportive of homosexuality. While these protests incited outrage among various groups of people, no widespread effort was made to limit the group's ability to protest at such events. In 2005, however, the group expanded its targets to include military funerals, maintaining that God was killing soldiers in Iraq because of His displeasure with …
Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher
Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning …
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Faculty Scholarly Works
The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.
The Tax Treatment Of Verdicts And Settlements Following The Adoption Of The Jobs Creation Act Of 2004: Paradise Found For The Employment Lawyer?, John F. Fatino
The Tax Treatment Of Verdicts And Settlements Following The Adoption Of The Jobs Creation Act Of 2004: Paradise Found For The Employment Lawyer?, John F. Fatino
Northern Illinois University Law Review
In recent years, attorneys practicing in the employment area have found that a working knowledge of tax law is critical to maximize results for clients and to avoid malpractice. This article will examine the status of taxation of verdicts and settlements following adoption of 1996 legislation, which made various changes to the Internal Revenue Code. In addition, the article will examine the impact that the American Jobs Creation Act has had on the tax treatment of attorney fees and court costs in the context of employment litigation. Finally, the article will discuss the implications of a recent decision by the …
Enjoys Long Walks On The Beach: Washington's Public Trust Doctrine And The Right Of Pedestrian Passage Over Private Tidelands, Ewa M. Davison
Enjoys Long Walks On The Beach: Washington's Public Trust Doctrine And The Right Of Pedestrian Passage Over Private Tidelands, Ewa M. Davison
Washington Law Review
Under Washington's public trust doctrine, the state retains a jus publicum interest in tidelands, regardless of ownership. This interest obligates the state to protect the public rights encompassed within the jus publicum: navigation, fishing, boating, swimming, water skiing, and corollary recreational activities. The state satisfies this duty so long as its actions do not circumscribe public access to those resources, including tidelands, traditionally protected by the public trust doctrine. The title to any tidelands property sold into private ownership is similarly burdened; a private tidelands owner may not utilize property in a way that would compromise the state's jus …
Wealth Without Markets?, Lior Strahilevitz
Wealth Without Markets?, Lior Strahilevitz
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Issue 1: Annual Survey 2006 Table Of Contents
Issue 1: Annual Survey 2006 Table Of Contents
University of Richmond Law Review
No abstract provided.
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
University of Richmond Law Review
In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant developments in the law affect- ing Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year. The overall purpose ofthis article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.
Contracting Out Of Article 2: Minimizing The Obligation Of Performance &(And) Liability For Breach, Sarah Howard Jenkins
Contracting Out Of Article 2: Minimizing The Obligation Of Performance &(And) Liability For Breach, Sarah Howard Jenkins
Loyola of Los Angeles Law Review
No abstract provided.
Contracting Out Of The Ucc: Variation By Agreement Under Articles 3, 2, And 4a, Paul S. Turner
Contracting Out Of The Ucc: Variation By Agreement Under Articles 3, 2, And 4a, Paul S. Turner
Loyola of Los Angeles Law Review
No abstract provided.
An Endangered Species: The Increasing Irrelevance Of Article 4 Of The Ucc In An Electronics-Based Payments System, Stephanie Heller
An Endangered Species: The Increasing Irrelevance Of Article 4 Of The Ucc In An Electronics-Based Payments System, Stephanie Heller
Loyola of Los Angeles Law Review
No abstract provided.
Motions 2006 Volume 42 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 2006 Volume 42 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Law Faculty Articles and Essays
It has been almost a year and a half since the Supreme Court ruled in Kelo v. City of New London, 125 S. Ct. 2655 (2005), that the federal Constitution does not bar government from using eminent domain for economic development purposes. That ruling precipitated an unprecedented negative reaction in state legislatures. 1 Now, Ohio has delivered the first post-Kelo state supreme court decision to address the constitutionality of eminent domain. On July 26, in City of Norwood v. Horney, 2006 WL 2096001, a unanimous Ohio Supreme Court rejected the arguments of the majority in Kelo and emphatically stated that …
Vol. 4, No. 07 (November/December 2006)
Unequal Rights: The Fourteenth Amendment And De Facto Parentage, Adam K. Ake
Unequal Rights: The Fourteenth Amendment And De Facto Parentage, Adam K. Ake
Washington Law Review
Faced with an unprecedented number of children born into non-traditional family arrangements, courts across the country are struggling to preserve relationships between same-sex partners and their partners' biological children after those non-marital relationships end. This Comment argues that the Fourteenth Amendment limits the extent to which courts can intrude on the parental rights of a natural or adoptive parent in an attempt to provide remedies for non-parent partners, who are usually legal strangers to the children under applicable statutory schemes. U.S. Supreme Court jurisprudence implicitly recognizes hierarchical tiers of parental rights. Under this framework natural and adoptive parents have superior …
Legal Cases Illustrate Lending Do's And Don'ts, Neil Fulton
Legal Cases Illustrate Lending Do's And Don'ts, Neil Fulton
Faculty Publications
No abstract provided.
Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil
Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil
Missouri Law Review
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the most sweeping bankruptcy reform legislation passed by Congress in over a quarter of a century. The bill, which spanned over 600 pages, completelyoverhauled the consumer bankruptcy system and made significant changes to business bankruptcies as well. Yet despite Congress's massive effort to improve the current bankruptcy system in BAPCPA, it failed to address a number of important issues in the area of bankruptcy taxation, a critical but often overlooked area of bankruptcy law. One such issue involves the tax …
Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating
Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating
Missouri Law Review
This paper proceeds in four parts. Part I describes the world of labor legacy costs and how they end up intersecting with bankruptcy. Part II discusses what approaches Congress or the courts have already used to address the labor/bankruptcy intersection. Part III explores what Congress might have considered in the bankruptcy reform bill if it had been motivated to take a serious look at labor legacy costs in bankruptcy. Part IV explains possible theories as to why Congress chose not to reform the labor/bankruptcy intersection and why that decision was frustrating but prudent.
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Vanderbilt Law Review
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …
Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson
Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson
Washington Law Review
The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts …
Two Constitutional Wrongs Do Not Make A Right: Double Jeopardy And Prosecutorial Misconduct Under The Brady Doctrine, Adam M. Harris
Two Constitutional Wrongs Do Not Make A Right: Double Jeopardy And Prosecutorial Misconduct Under The Brady Doctrine, Adam M. Harris
Cardozo Law Review
No abstract provided.
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
Public Law and Legal Theory Working Papers
Cultural property is subject to two international legal regimes, one of which protects cultural property during wartime, and the other of which regulates the international trade in cultural property. Neither legal regime has been notably successful. Cultural property is often targeted and destroyed during wars, or given inadequate protection. And the international trade in cultural property flourishes because states have been unwilling to invest resources in controlling it. As a result, scholars and advocates argue that both legal regimes should be strengthened. Sanctions should be enhanced; states should be forced to devote greater resources to complying with treaties; treaty obligations …
Got Wheels - Article 2a, Standardized Rental Car Terms, Rational Inaction, And Unilateral Private Ordering, Irma S. Russell
Got Wheels - Article 2a, Standardized Rental Car Terms, Rational Inaction, And Unilateral Private Ordering, Irma S. Russell
Loyola of Los Angeles Law Review
No abstract provided.
Is Arbitration Lawless, Christopher R. Drahozal
Is Arbitration Lawless, Christopher R. Drahozal
Loyola of Los Angeles Law Review
No abstract provided.