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2007

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Articles 331 - 360 of 10546

Full-Text Articles in Law

Arieh Israel Insurance Company Ltd V. Kaplansky, Edna Arbel, Miriam Naor, Mishael Cheshin Nov 2007

Arieh Israel Insurance Company Ltd V. Kaplansky, Edna Arbel, Miriam Naor, Mishael Cheshin

Translated Opinions

Facts: The respondent, a lawyer, represented a company (hereinafter ‘the company’) that filed a claim against the appellant insurance company for fire loss. Before it received the insurance payout, the company asked the respondent to sign a document stating that he no longer represented them. It explained that the insurance company refused to make the payout for as long as the respondent represented the company. The respondent signed the document. When the company received the payout, it refused to pay the respondent the agreed fee for his services. The respondent sued the company for breach of contract, and the insurance …


Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance Nov 2007

Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance

Duke Journal of Constitutional Law & Public Policy Sidebar

On January 22, 2007, the Supreme Court decided the consolidated cases of Jones v. Bock , Williams v. Overton , and Walton v. Bouchard , all of which were Sixth Circuit cases. In a unanimous decision, the Supreme Court provided clarity to what constitutes exhaustion of prison grievance procedures under the Prison Litigation Reform Act of 1995 (PLRA). The Court's decision also offers its view on the correct way to balance the burden between prisoner plaintiffs and the judiciary, which labors to process prisoner complaints. Broken into three discreet issues, the essential holding provides a small victory for prison litigants. …


Vol. 33, No. 10 (November 12, 2007) Nov 2007

Vol. 33, No. 10 (November 12, 2007)

Indiana Law Annotated

No abstract provided.


When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq. Nov 2007

When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq.

Duke Journal of Constitutional Law & Public Policy Sidebar

The next slip of the tongue or of the blouse will hit broadcasters where it hurts: their wallet. With the recent passage of the Broadcast Decency Enforcement Act of 2005 ("BDEA"), Congress raised potential fines ten-fold in an attempt to clean up the airwaves and prevent the televised snafus that have occurred with increasing frequency during the past five years. From the broadcast of a barely covered breast during the 2004 Super Bowl to the on-air announcement of a four-letter expletive on a prime-time awards show, indecent expression has attracted the attention of the general public, advocacy groups, the Federal …


Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley Nov 2007

Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley

Duke Journal of Constitutional Law & Public Policy Sidebar

In Whorton v. Bockting, the Supreme Court considered whether its rule from Crawford v. Washington, prohibiting the admission of testimonial hearsay statements without a prior opportunity for the defendant to cross-examine the declarant, should be applied retroactively to cases on collateral appeal under the standard set forth in Teague v. Lane. The determination rested on whether Crawford announced a "new rule" that should be applied retroactively by virtue of its being a "watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding." In a unanimous decision, the Court held that Crawford did announce a "new …


Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio Nov 2007

Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio

Duke Journal of Constitutional Law & Public Policy Sidebar

In a 9-0 decision, the United States Supreme Court refused to find that a California state court had acted "contrary to, or involved an unreasonable application of, clearly established Federal law," when that court found that it was not prejudicial for trial audience members to wear buttons with the image of the defendant's alleged murder victim. The Court relied upon the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and its previous rulings in Estelle v. Williams and Holbrook v. Flynn, earlier cases that defined certain actions as prejudicial to a defendant in a court of law. The Court …


Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal Nov 2007

Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal

Duke Journal of Constitutional Law & Public Policy Sidebar

In Philip Morris USA v. Williams, the United States Supreme Court held 5-4 that it is unconstitutional under the Due Process Clause of the Constitution for a jury to award punitive damages for harm caused to individuals other than the plaintiff. Thus, the Court concluded that, under the Constitution, a trial court could not levy punitive damages out of a desire to punish a company for injuries it inflicts upon others who are "essentially, strangers to the litigation." However, the Court confusingly drew a narrow and arguably contradictory distinction to justify its holding. Under Philip Morris USA, a jury may …


Cunningham V. California, Christopher P. Raab Nov 2007

Cunningham V. California, Christopher P. Raab

Duke Journal of Constitutional Law & Public Policy Sidebar

In Cunningham v. California, the United States Supreme Court voted 6-3 to invalidate California's determinate sentencing law ("DSL") as violative of the Sixth and Fourteenth Amendments. The Court held that, notwithstanding the California Supreme Court's determination to the contrary, the DSL conflicted with prior Supreme Court precedent "by placing sentence-elevating factfinding within the judge's province," thereby "violat[ing] a defendant's right to trial by jury safeguarded by the Sixth and Fourteenth Amendments."


Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian Nov 2007

Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian

Duke Journal of Constitutional Law & Public Policy Sidebar

MedImmune, Inc. v. Genentech, Inc. asks whether Article III's restriction on the jurisdiction of the federal courts only to "cases" and "controversies," as required by the "actual controversy" limitation of the Declaratory Judgment Act, necessitates that a patent licensee terminate or breach its license agreement before seeking a declaratory judgment to hold the underlying patent invalid, unenforceable, or not infringed. Breaking with the Court of Appeals for the Federal Circuit, the MedImmune majority clearly establishes a patent licensee's legal right to challenge the validity and enforceability of a patent without actually breaching or terminating the underlying licensing agreement for the …


Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason Nov 2007

Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason

Duke Journal of Constitutional Law & Public Policy Sidebar

In one of the most pivotal cases of the Fall 2006 Term, the United States Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 by a vote of 5-4. The Court found the Act to be facially valid, despite the absence of an exception for cases in which an abortion is necessary to preserve the health of the mother, stating that the Act was not "void for vagueness" and that it did not impose "an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." The case signaled a departure from …


Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza Nov 2007

Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza

Duke Journal of Constitutional Law & Public Policy Sidebar

In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ("FCRA") and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of "willful" violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the …


United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber Nov 2007

United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court, in a 6-3 decision, upheld two counties' flow control ordinances that require trash haulers to deliver waste to government-owned processing facilities. The Court determined that the Commerce Clause is not violated by laws which favor state or local government entities but treat all private entities equal.


Scott V. Harris, Uchenna Evans Nov 2007

Scott V. Harris, Uchenna Evans

Duke Journal of Constitutional Law & Public Policy Sidebar

In an 8-1 decision, the Supreme Court reversed an 11th Circuit ruling denying qualified immunity to a police officer sued by a fleeing motorist who was rendered quadriplegic when his car was pushed over an embankment by the officer's vehicle. . The Court ruled that the officer did not violate the motorist's Fourth Amendment right to be free from unreasonable seizure and that the officer was entitled to summary judgment. Both the federal district court and the 11th Circuit had ruled in favor of the respondent, denying the officer's summary judgment motion based on qualified immunity after finding a Fourth …


Encouraging Corporate Innovation For Our Homeland During The Best Of Times For The Worst Of Times: Extending Safety Act Protections To Natural Disasters’, Ava A. Harter Nov 2007

Encouraging Corporate Innovation For Our Homeland During The Best Of Times For The Worst Of Times: Extending Safety Act Protections To Natural Disasters’, Ava A. Harter

Duke Law & Technology Review

This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. …


Lawyers And Great Expectations In Pakistan, Shubhankar Dam Nov 2007

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.


Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds Nov 2007

Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds

NULR Online

No abstract provided.


November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz Nov 2007

November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz

Hallowed Secularism

What's Wrong with Charles Taylor


Conference Program Nov 2007

Conference Program

Local Dimensions of Immigration: Challenges and Opportunities in Our Changing Communities (2007)

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard Nov 2007

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek Nov 2007

A Guide To The Attorney-Client Privilege And Work Product Doctrine For Tax Practitioners, Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek

William & Mary Annual Tax Conference

No abstract provided.


Creative Structures For The Disposition Of Real Estate (Slides) Nov 2007

Creative Structures For The Disposition Of Real Estate (Slides)

William & Mary Annual Tax Conference

No abstract provided.


Selected Energy Tax Credit Provisions In The Internal Revenue Code Nov 2007

Selected Energy Tax Credit Provisions In The Internal Revenue Code

William & Mary Annual Tax Conference

No abstract provided.


Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein Nov 2007

Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein

William & Mary Annual Tax Conference

No abstract provided.


Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals Nov 2007

Client Alert- Irs Issues Safe Harbor Guidance For Partnership Flip Structures In Wind Deals

William & Mary Annual Tax Conference

No abstract provided.


Primer On Energy Tax Credits, Laura Ellen Jones Nov 2007

Primer On Energy Tax Credits, Laura Ellen Jones

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe Nov 2007

Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Legal Dilemmas In A Dangerous World: Law, Terrorism And National Security, Roger Williams University School Of Law Nov 2007

Legal Dilemmas In A Dangerous World: Law, Terrorism And National Security, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz Nov 2007

November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz

Hallowed Secularism

Interview in Pittsburgh City Paper


Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii Nov 2007

Tax Planning For The Philanthropically Minded Business Owner, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.


Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini Nov 2007

Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini

William & Mary Annual Tax Conference

No abstract provided.