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2007

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Full-Text Articles in Law

Conference Registraion Oct 2007

Conference Registraion

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


A Message From The Conference Director, Roy D. Simon Oct 2007

A Message From The Conference Director, Roy D. Simon

Freedman Institute for the Study of Legal Ethics Conferences

This is Hofstra’s sixth major conference on legal ethics. (We previously held conferences in 1996, 1998, 2001, 2003 and 2005.) By holding these conferences once every two or three years rather than annually, we can devote greater resources to each conference.

This conference differs somewhat from our past conferences in that we have invited many more practicing lawyers to speak than usual because the subject of this year’s conference, lawyering at the edge, is a subject that demands personal experience as much as academic theory. We need to hear stories and advice from people who have personally explored the outer …


Conference Program Oct 2007

Conference Program

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.


October 14, 2007: Religion's Challenge To Hallowed Secularism, Bruce Ledewitz Oct 2007

October 14, 2007: Religion's Challenge To Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Religion's Challenge to Hallowed Secularism


Re Canada Post Corp And Cupw (Morgan), Innis Christie Oct 2007

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was suspended for inappropriate behaviour towards co-workers. The Union claims the three day suspension was without just, reasonable and sufficient cause and sought a remedy which would pay damages due to the suspension and removal of all related documents from the Grievor's personal file.

The grievance succeeds in part. Discipline was appropriate. There was nothing in the Grievor's personal record to support a three day suspension and one of the complaints warranted no discipline. The suspension is reduced to two days and the Grievor is to be compensated for losses resulting from the third day.


Re Canada Post Corp And Cupw (Morgan), Innis Christie Oct 2007

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was given a three day suspension (two waived, one served) for inappropriate behaviour and comments to both a co-worker and a supervisor. The Union claims the Employer breached the collective agreement by not following prescribed procedure and depending on hearsay evidence. As remedy the Union wanted the Employer to pay damages for what was lost due to the suspension and removal of all related documents from the Grievor's personal file.


Be It Resolved . . ., Timothy Zick Oct 2007

Be It Resolved . . ., Timothy Zick

Popular Media

No abstract provided.


Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz Oct 2007

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …


October 12, 2007: The Limits Of Religion, Bruce Ledewitz Oct 2007

October 12, 2007: The Limits Of Religion, Bruce Ledewitz

Hallowed Secularism

The Limits of Religion


Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw Oct 2007

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.


Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald Oct 2007

Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald

Nevada Supreme Court Summaries

No abstract provided.


The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil Oct 2007

The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil

All Papers

Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the governmental authority, or jurisdiction, that is exercisable by inherent right Aboriginal governments? And how does the jurisdiction of Aboriginal governments interact with the jurisdiction of other governments in Canada, especially the federal and provincial governments? This research paper will attempt to answer these questions in a general way, without attempting to determine or assess the …


May Day Mea Culpa, Timothy Zick Oct 2007

May Day Mea Culpa, Timothy Zick

Popular Media

No abstract provided.


Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller Oct 2007

Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.


Summary Of D.R. Horton V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams Oct 2007

Summary Of D.R. Horton V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

D.R. Horton, Inc. built the First Light at Boulder Ranch Community in Henderson, Nevada, which consists of 138 buildings, with three residential units in each building, totaling 414 residences. There are three different floor plans, each with two possible elevations, for a total of six different types of homes. First Light believed that constructional defects may have existed in each residence, and hired experts to assist it in preparing a NRS 40.465,2 pre-litigation notice of constructional defects. In order to prepare this notice, the experts used visual and invasive testing of a small representative sample of homes, and then extrapolated …


Summary Of Martinez V. Maruszczak, 123 Nev. Adv. Op. No. 43, Alissa Macomber Oct 2007

Summary Of Martinez V. Maruszczak, 123 Nev. Adv. Op. No. 43, Alissa Macomber

Nevada Supreme Court Summaries

Appeal from a declaratory judgment in a medical malpractice case.


Legal Research And Legal Education In Africa: The Challenge For Information Literacy, Vicki Lawal Oct 2007

Legal Research And Legal Education In Africa: The Challenge For Information Literacy, Vicki Lawal

Starr Workshop Papers (2007)

This paper analyses legal research within the context of legal education in Africa, it examines some of the challenges of electronic legal research in view of the influences of online legal electronic resources and Computer Assisted legal Research (CALR) and the importance of information literacy in addressing some of the issues raised especially with regards to undergraduate legal education.


October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz Oct 2007

October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

The Importance of Religion to Hallowed Secularism


Kav Laoved V. National Labour Court, Eliezer Rivlin, Dorit Beinisch, Edmond E. Levy, Asher Grunis, Miriam Naor, Edna Arbel, Esther Hayut, Salim Joubran, Ayala Procaccia Oct 2007

Kav Laoved V. National Labour Court, Eliezer Rivlin, Dorit Beinisch, Edmond E. Levy, Asher Grunis, Miriam Naor, Edna Arbel, Esther Hayut, Salim Joubran, Ayala Procaccia

Translated Opinions

Facts: Palestinian workers filed claims in the Labour Courts against their Israeli employers with regard to their employment in the Israeli enclaves in Judaea and Samaria. These claims gave rise to the question whether these employment relationships were governed by Israeli law or by the local law of Judaea and Samaria, which is Jordanian law, the significance of this question being that Israeli law grants workers more rights and protection than Jordanian law.

The National Labour Court held on appeal that in the absence of any stipulation on this issue in the employment contracts, these employment relationships were governed by …


State Of Israel V. Tnuva Co-Op Ltd, Dorit Beinisch, Salim Joubran, Edmond E. Levy Oct 2007

State Of Israel V. Tnuva Co-Op Ltd, Dorit Beinisch, Salim Joubran, Edmond E. Levy

Translated Opinions

Facts: The respondents were indicted on charges relating to the making of a restrictive arrangement under the Restrictive Trade Practices Law, in which the first and third respondents, through their respective directors, the second and fourth respondents, agreed to divide the imported meat market between them and fix minimum prices for the meat products that they sold. To further this venture they formed a company, Tnuva – Meir Ezra Imports and Marketing Ltd (TME). The respondents argued in the trial that the arrangements that they made did not constitute  restrictive arrangements for the reason that they were made within the …


Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain Oct 2007

Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain

All Faculty Scholarship

Handout from an Anne Arundel County Bar Association CLE class concerning then-recent developments in Maryland hearsay rules.


How To Present Web-Based Legal Information: Towards Library Web 2.0, Sasha Skenderija Oct 2007

How To Present Web-Based Legal Information: Towards Library Web 2.0, Sasha Skenderija

Starr Workshop Papers (2007)

The World Wide Web has rapidly evolved from a technological into a social medium. Web 2.0 has become a metaphor for the distributed and decentralized collaboration networks on a global scale. With the recent trends of new media development, the sources available have reached a critical mass resulting in an unprecedented information overload. The urgent challenge to all information professionals, in this case law librarians, is no longer availability and direct provision of resources, but rather the filtering and highlighting. As an example of the utilization of Web 2.0 values, the Cornell Law Library (CLL) recently re-launched its website. The …


Vol. 58, No. 4, October 9, 2007, University Of Michigan Law School Oct 2007

Vol. 58, No. 4, October 9, 2007, University Of Michigan Law School

Res Gestae

•Reading Room to Close for Renovations •The Law of Sex Toys •Job Search 911 •Best of Ann Arbor •Halloween Preview •Crossword Puzzle •Nannes 3L Challenge


Book Information And Talk At Ritz Theatre And Lavilla Museum Oct 2007

Book Information And Talk At Ritz Theatre And Lavilla Museum

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A talk with Rodney Hurst about his new book "It was Never about a Hot dog and a Coke"


A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins Oct 2007

A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins

Duke Law & Technology Review

The rules of engagement in the brand-name versus generic-drug war are rapidly changing. Brand-name manufacturers face increasing competition from Canadian manufacturers of generic drugs, online drug companies, and Wal-Mart® Super Centers deciding to cash in by turning a piece of the generic prescription drug business into a huge marketing campaign with offerings of generic drugs for four dollar prescriptions. Other discount drug providers are likely to follow suit in hopes of boosting customer traffic and sales of their generic drugs. Now, more than ever before, attorneys representing owners of pharmaceutical patents need to be creative with their damages theories to …


Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo Oct 2007

Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo

Starr Workshop Papers (2007)

Professor Muna Ndulo of Cornell Law School presented the keynote address at the 2007 Starr Workshop, “Tapping into the World of Electronic Legal Knowledge.” The workshop took place at Cornell Law School October 7-10, 2007 and was co-sponsored by the Starr Foundation, New York University Law Library, and Cornell Law Library.

Professor Ndulo addresses the topic of new information technologies and their importance to legal research and teaching.


U.S. Law And Legal Research, Pat Court Oct 2007

U.S. Law And Legal Research, Pat Court

Starr Workshop Papers (2007)

This presentation on the basics of U.S. law offers a general outline of the fundamental sources of U.S. law. With a foundation in the three branches of government and the laws, court decisions, and regulations that flow from them, the speaker demonstrated free and fee-based electronic resources frequently used for legal research. The focus is on Westlaw, LexisNexis, PACER the Public Access to Court Electronic Records), GPOAccess, and the official U.S. Supreme Court web site. While the web has made it possible for universities, governments, courts, and others to put user-friendly law on the web for free, the most extensive …


October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz Oct 2007

October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz

Hallowed Secularism

The Fall of the Religious Right


Vol. 33, No. 06 (October 8, 2007) Oct 2007

Vol. 33, No. 06 (October 8, 2007)

Indiana Law Annotated

No abstract provided.


Demand For Electronic Legal Information At The University Of Botswana , Kgomotso F. Radijeng Oct 2007

Demand For Electronic Legal Information At The University Of Botswana , Kgomotso F. Radijeng

Starr Workshop Papers (2007)

The advent of technology has changed the way legal research is conducted. The study looks at the availability of electronic legal information at the University of Botswana, perceptions of the university legal community about such information, challenges affecting access to electronic legal information and recommended solutions to those challenges. The paper also looks at the contribution that the library can make in alleviating the challenges and addressing the different perceptions by the legal community.