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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
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
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)
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.
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
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
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
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
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
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
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
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
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
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
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
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
Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds
NULR Online
No abstract provided.
November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz
November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz
Hallowed Secularism
What's Wrong with Charles Taylor
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
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
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)
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
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
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
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
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
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
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
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
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
Planning With Grantor Trusts, A. Christopher Sega, Mary Ann Mancini
William & Mary Annual Tax Conference
No abstract provided.