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Articles 1351 - 1380 of 10558
Full-Text Articles in Law
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh
Public Law and Legal Theory Working Papers
The right to exclude has for long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what it means for an owner to have a 'right' to exclude and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief —that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. This view attributes to the right …
Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish
Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish
Loyola of Los Angeles Law Review
No abstract provided.
Fools, Knaves, And The Protection Of Commercial Speech: A Response To Professor Redish, James Weinstein
Fools, Knaves, And The Protection Of Commercial Speech: A Response To Professor Redish, James Weinstein
Loyola of Los Angeles Law Review
No abstract provided.
Philosophical Underpinnings Of The First Amendment, Charles Fried
Philosophical Underpinnings Of The First Amendment, Charles Fried
Loyola of Los Angeles Law Review
No abstract provided.
Thoughts On Commercial Speech: A Roundtable Discussion (February 23, 2007), Ronald K. L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen Sullivan
Thoughts On Commercial Speech: A Roundtable Discussion (February 23, 2007), Ronald K. L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen Sullivan
Loyola of Los Angeles Law Review
No abstract provided.
Is Public Reason Counterproductive?, Eduardo M. Peñalver
Is Public Reason Counterproductive?, Eduardo M. Peñalver
West Virginia Law Review
No abstract provided.
The Fcc's Report On Regulating Broadcast Violence: Is The Medium The Message, Faith M. Sparr
The Fcc's Report On Regulating Broadcast Violence: Is The Medium The Message, Faith M. Sparr
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Can Myspace Turn Into My Lawsuit: The Application Of Defamation Law To Online Social Networks, Ryan Lex
Can Myspace Turn Into My Lawsuit: The Application Of Defamation Law To Online Social Networks, Ryan Lex
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Award Shows, Gifts, And Taxes: A Criticism Of The Tax Treatment Of Celebrity Gift Bags, Anosheh Azarmsa
Award Shows, Gifts, And Taxes: A Criticism Of The Tax Treatment Of Celebrity Gift Bags, Anosheh Azarmsa
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Causation In Tort: General Populations Vs. Individual Cases, Cass R. Sunstein, William Meadow
Causation In Tort: General Populations Vs. Individual Cases, Cass R. Sunstein, William Meadow
Coase-Sandor Institute for Law & Economics Research Paper Series
To establish causation, a tort plaintiff must show that it is "more probable than not" that the harm would not have occurred if the defendant had followed the relevant standard of care. Statistical evidence, based on aggregate data, is sometimes introduced to show that the defendant's conduct created a statistically significant increase in the likelihood that the harm would occur. But there is a serious problem with the use of such evidence: It does not establish that in the particular case, the injury was more likely than not to have occurred because the defendant behaved negligently. Under existing doctrine, a …
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Coase-Sandor Institute for Law & Economics Research Paper Series
This essay responds to an article by Daniel Shaviro which argues in part that the failure of empirical assumptions behind the permanent income hypothesis undermines the case for preferring consumption taxation over income taxation. We consider each of Shaviro's arguments and conclude that none change the basic considerations in favor of consumption taxation in any significant way. Shaviro concludes that administrability and implementation concerns should be central to the choice of the tax base and that these concerns are likely to point to taxing consumption. We agree with this conclusion.
The Process Due Indefinitely Detained Citizens, Carl Tobias
The Process Due Indefinitely Detained Citizens, Carl Tobias
North Carolina Law Review
No abstract provided.
Forcing Under Redevelopment To Proceed Building By Building: North Carolina's Flawed Policy Response To Kelo V. City Of New London, Carolyn A. Pearce
Forcing Under Redevelopment To Proceed Building By Building: North Carolina's Flawed Policy Response To Kelo V. City Of New London, Carolyn A. Pearce
North Carolina Law Review
No abstract provided.
Steve Shiffrin, An Amazing Teacher And Scholar: Observations Of A Former Student And Classmate, Mark A. Hart
Steve Shiffrin, An Amazing Teacher And Scholar: Observations Of A Former Student And Classmate, Mark A. Hart
Loyola of Los Angeles Law Review
No abstract provided.
Viewpoint Discrimination And Commercial Speech, Robert C. Post
Viewpoint Discrimination And Commercial Speech, Robert C. Post
Loyola of Los Angeles Law Review
No abstract provided.
Motions 2007 Volume 43 Number 1, University Of San Diego School Of Law Student Bar Association
Motions 2007 Volume 43 Number 1, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
What To Count, What To Report: The Revised Aba Annual Questionnaire (Aall Program Report), Ellen T. Mcgrath
What To Count, What To Report: The Revised Aba Annual Questionnaire (Aall Program Report), Ellen T. Mcgrath
Law Librarian Other Scholarship
No abstract provided.
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Forum on Civil Justice
This document provides a sampling of Canadian federal and provincial legislation dealing with various forms of Alternative Dispute Resolution. The legislation was found by using search terms such as “Alternative Dispute Resolution”, “Mediation” and “Arbitration” etc., and searching through federal and provincial legislation using the research tool Lexis/Nexis Quicklaw.
Foreword: To America's Tomorrow—Commerce, Communication, And The Future Of Free Speech, Ronald K. L. Collins
Foreword: To America's Tomorrow—Commerce, Communication, And The Future Of Free Speech, Ronald K. L. Collins
Loyola of Los Angeles Law Review
No abstract provided.
Why Should We Honor Steve Shiffrin, Gerald P. Lopez
Why Should We Honor Steve Shiffrin, Gerald P. Lopez
Loyola of Los Angeles Law Review
No abstract provided.
Steve As Colleague And Friend, Kenneth L. Karst
Steve As Colleague And Friend, Kenneth L. Karst
Loyola of Los Angeles Law Review
No abstract provided.
Steve Shiffrin: Friend And Scholar, C. Edwin Baker
Steve Shiffrin: Friend And Scholar, C. Edwin Baker
Loyola of Los Angeles Law Review
No abstract provided.
Seizing Private Papers: Greater Protections For A Digital Age, Stanely A. Goldman
Seizing Private Papers: Greater Protections For A Digital Age, Stanely A. Goldman
Loyola of Los Angeles Law Review
No abstract provided.
It Depends On What The Meaning Of False Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
It Depends On What The Meaning Of False Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
Loyola of Los Angeles Law Review
No abstract provided.
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
Loyola of Los Angeles Law Review
No abstract provided.
First Amendment Commercial Speech Protections: A Practitioner's Guide, Bruce E. H. Johnson
First Amendment Commercial Speech Protections: A Practitioner's Guide, Bruce E. H. Johnson
Loyola of Los Angeles Law Review
No abstract provided.
Are Emerging Technologies In Airport Passenger Screening Reasonable Under The Fourth Amendment, Sara Kornblatt
Are Emerging Technologies In Airport Passenger Screening Reasonable Under The Fourth Amendment, Sara Kornblatt
Loyola of Los Angeles Law Review
No abstract provided.
Vol. 5, No. 05 (September/October 2007)
A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins
A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins
Law Faculty Articles and Essays
"Getting a Rise Out of Diversity: Celebrating the Challenge" took on hard questions of diversity, while keeping the spirit of New Orleans alive through celebration. With speakers who work to maintain diversity in legal practice and education every day, participants engaged in a lively discussion of what diversity actually is and how to create and sustain it.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
West Virginia Law Review
No abstract provided.