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Articles 601 - 630 of 11365
Full-Text Articles in Law
Opting Out Or Copping Out - An Argument For Strict Scrutiny Of Individual Contracts, Charles L. Knapp
Opting Out Or Copping Out - An Argument For Strict Scrutiny Of Individual Contracts, Charles L. Knapp
Loyola of Los Angeles Law Review
No abstract provided.
Writing Your Own Rules: Contracting Out Of (And Into) The Uniform Commercial Code; Intrastate Choice Of Law, Fred H. Miller
Writing Your Own Rules: Contracting Out Of (And Into) The Uniform Commercial Code; Intrastate Choice Of Law, Fred H. Miller
Loyola of Los Angeles Law Review
No abstract provided.
An Essay On Article 2'S Irrelevance To Licensing Agreements, Raymond T. Nimmer
An Essay On Article 2'S Irrelevance To Licensing Agreements, Raymond T. Nimmer
Loyola of Los Angeles Law Review
No abstract provided.
Contracting Out Of Article 9, Meredith Jackson
Contracting Out Of Article 9, Meredith Jackson
Loyola of Los Angeles Law Review
No abstract provided.
Matrimonial Regimes: Recent Developments, Kenneth Rigby
Matrimonial Regimes: Recent Developments, Kenneth Rigby
Louisiana Law Review
No abstract provided.
Dura Pharmaceuticals, Inc. V. Broudo: Not Really A Loss Causation Case, Jacob M. Kantrow
Dura Pharmaceuticals, Inc. V. Broudo: Not Really A Loss Causation Case, Jacob M. Kantrow
Louisiana Law Review
No abstract provided.
Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer
Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer
BYU Law Review
No abstract provided.
Vol. 27, No. 1, Fall 2006: Table Of Contents, Northern Illinois University Law Review
Vol. 27, No. 1, Fall 2006: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long
(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long
Washington Law Review
Of the three prongs in the Americans with Disabilities Act's (ADA) definition of disability, the "record of" prong is far less likely to be used by ADA plaintiffs in claiming protection under the Act than are the actual disability and "regarded as" prongs. Between the years 2000 and 2005, ADA and Rehabilitation Act plaintiffs who alleged employment discrimination in federal court relied upon the "record of" prong less than one-third as often as either the actual and "regarded as" prongs in claiming disability status. When they did rely on the "record of" prong, ADA plaintiffs did not enjoy any greater …
Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders
Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders
Missouri Law Review
This Note argues that the Seventh Circuit reached the correct result. However, there is little logic in continuing to limit Establishment Clause adjudications to plaintiffs who can show injury-in-fact or, absent such injury, plaintiffs who can claim the allegedly unconstitutional act was an exercise of the Taxing and Spending Clause. Instead, because the Establishment Clause is a unique structural restraint which separates the government from organized religion4 and prohibits government support of religion that divides the political process along religious lines, this Note concludes that standing to sue for Establishment Clause violations should be extended to acts of any government …
Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak
Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak
Northern Illinois University Law Review
This article discusses the recent Illinois Supreme Court decision, York v. Rush Presbyterian St. Luke's Medical Center, which addressed the reliance element in the overall analysis of apparent authority in the healthcare context in Illinois. The authors explore the historical underpinnings of agency law and posit that the York decision has effectively eroded basic agency law principles in the healthcare context.
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
Northern Illinois University Law Review
This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed …
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Northern Illinois University Law Review
This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial statements by victims to protect them from re-victimization after testifying at trial. The ability to use a statutorily mandated hearsay exception has been in question and is directly linked to the definition of the term "testimonial. " The author provides a test to determine whether the out of court statements by pedophilia victims are "testimonial" to make this tool for protecting the victims still viable.
Religion In The New Republic, Richard Albert
Religion In The New Republic, Richard Albert
Louisiana Law Review
No abstract provided.
Hedge Funds: Their Advisers Do Not Have To Register With The Sec, But More Information And Other Alternatives Are Recommended, Sue Ann Mota
Hedge Funds: Their Advisers Do Not Have To Register With The Sec, But More Information And Other Alternatives Are Recommended, Sue Ann Mota
Louisiana Law Review
No abstract provided.
The Kelo Effect: Eminent Domain And Property Rights In Louisiana, Scott P. Ledet
The Kelo Effect: Eminent Domain And Property Rights In Louisiana, Scott P. Ledet
Louisiana Law Review
No abstract provided.
Merrill Lynch V. Dabit: The Case Of The Scorned Broker And The Death Of The State Securities Fraud Class Action Suit, Melanie P. Goolsby
Merrill Lynch V. Dabit: The Case Of The Scorned Broker And The Death Of The State Securities Fraud Class Action Suit, Melanie P. Goolsby
Louisiana Law Review
No abstract provided.
A Problem In Need Of Repair: Louisiana's Subsequent Remedial Measures Rule, Erin G. Lutkewitte
A Problem In Need Of Repair: Louisiana's Subsequent Remedial Measures Rule, Erin G. Lutkewitte
Louisiana Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections ofthe Virginia Code in its 2006 Session. In addition, there were sixopinions from the Supreme Court of Virginia during the periodcovered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
University of Richmond Law Review
No abstract provided.
Accrual Of Causes Of Action In Virginia, James W. Ellerman
Accrual Of Causes Of Action In Virginia, James W. Ellerman
University of Richmond Law Review
This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, David C. Burton, Melissa L. Lykins
Labor And Employment Law, David C. Burton, Melissa L. Lykins
University of Richmond Law Review
No abstract provided.
Power Purchase Agreements For Small Power Producers, Steven Ferrey, Anil Cabraal
Power Purchase Agreements For Small Power Producers, Steven Ferrey, Anil Cabraal
Suffolk University Law School Faculty Works
Five Asian nations, India, Indonesia, Sri Lanka, Thailand, and Vietnam began designing or instituting Small Power Producer (SPP) programs in the mid-1990s to support energy development jointly with the private sector. This note draws on important markers and lessons for other countries on how to implement similar programs based on these experiences. While all Asian programs demonstrate certain commonalities due to fundamental legal relationships, each experience has been tailored to local conditions and requirements. Some have introduced innovative bidding, competitive, or incentive structures. The result is a rich palette of experience with small power projects in Asia.
Liability Externalities And Mandatory Choices: Should Doctors Pay Less?, Robert D. Cooter, Ariel Porat
Liability Externalities And Mandatory Choices: Should Doctors Pay Less?, Robert D. Cooter, Ariel Porat
Coase-Sandor Institute for Law & Economics Research Paper Series
According to legal principles, a driver who negligently breaks a pedestrian's leg should pay the same damages as a doctor who negligently breaks a patient's leg. According to economic principles, however, the driver should pay more than the doctor. Non-negligent drivers impose risk on others without being liable for it. When liability externalities are mainly negative as with driving, liability should increase beyond full compensation to discourage the activity. Unlike pedestrians, patients contract with doctors for treatment and willingly submit to the risk of harm. Imperfections in medical markets cause some kinds of doctors to convey more positive than negative …
Offestting Risks, Ariel Porat
Offestting Risks, Ariel Porat
Coase-Sandor Institute for Law & Economics Research Paper Series
Under prevailing tort law, an injurer who is required to choose between Course of Action A, which creates a risk of 500, and Course of Action B, which creates a risk of 400, and negligently chooses the former will be held liable for the harm that materializes in its entirety. This full liability forces the injurer to pay damages that are five times higher than necessary for making him internalize the risk of 100 that is actually created by his negligent choice. The argument advanced by this Article is that tort law should recognize the "Offsetting Risks Principle" ("ORP"), under …