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2007

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Articles 841 - 870 of 10546

Full-Text Articles in Law

Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso Oct 2007

Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


The On/Off Switch, Philip Heymann Oct 2007

The On/Off Switch, Philip Heymann

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage Oct 2007

Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements In Perspective, Nelson Lund Oct 2007

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.


The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss Oct 2007

The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss

William & Mary Bill of Rights Journal

No abstract provided.


The First Word, M. Elizabeth Magill Oct 2007

The First Word, M. Elizabeth Magill

William & Mary Bill of Rights Journal

No abstract provided.


Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash Oct 2007

Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash

William & Mary Bill of Rights Journal

No abstract provided.


Litigating Presidential Signing Statements, Michele Estrin Gilman Oct 2007

Litigating Presidential Signing Statements, Michele Estrin Gilman

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant Oct 2007

Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf Oct 2007

Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf

William & Mary Bill of Rights Journal

No abstract provided.


Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent Oct 2007

Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane Oct 2007

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.


A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley Oct 2007

A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements: Constitutional And Practical Limits, Louis Fisher Oct 2007

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper Oct 2007

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.


The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport Oct 2007

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.


Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka Oct 2007

Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka

William & Mary Bill of Rights Journal

No abstract provided.


The Effects Of The Virginia Land Preservation Credit On Federal Taxable Income: Should The Right Hand Take From What The Left Hand Gave?, W. Eugene Seago Oct 2007

The Effects Of The Virginia Land Preservation Credit On Federal Taxable Income: Should The Right Hand Take From What The Left Hand Gave?, W. Eugene Seago

William & Mary Environmental Law and Policy Review

No abstract provided.


Reading The Pink Locker Room: On Football Culture And Title Ix, Erin E. Buzuvis Oct 2007

Reading The Pink Locker Room: On Football Culture And Title Ix, Erin E. Buzuvis

William & Mary Journal of Race, Gender, and Social Justice

This article examines the public controversy that erupted after local media reported on a comment I made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. I submitted my statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink d6cor traded in sexist and homophobic values. As such, I concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. I immediately received hundreds of hateful e-mails and was the …


California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling Oct 2007

California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling

William & Mary Journal of Race, Gender, and Social Justice

Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.


To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack Oct 2007

To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack

William & Mary Journal of Race, Gender, and Social Justice

This article takes issue with claims made by Joseph Dellapenna in his 2006 book, Dispelling the Myths of Abortion History, which claims to correct the "distortions of the history" of abortion law underlying Roe v. Wade, 410 U.S. 113 (1973). Dellapenna argues that, contrary to Justice Blackmun's historic analysis in Roe, "abortion was considered a serious crime throughout most of European history" and that "courts did... punish abortions before quickening during the Middle Ages." This article shows that Dellapenna's argument relies on serious misreading of cases and ignorance of the relevant historical, medical, and cultural context, and that pre-quickening or …


Who Is To Shame? Narratives Of Neonaticide, Susan Ayres Oct 2007

Who Is To Shame? Narratives Of Neonaticide, Susan Ayres

William & Mary Journal of Race, Gender, and Social Justice

In seventeenth-century England, single women who killed their newborns were believed to have acted to hide their shame. They were prosecuted under the 1624 Concealment Law and punished by death. This harsh response eventually evolved into a more humane and sympathetic one, as shown by the increasing number of acquittals in the late eighteenth century and by the sharp drop of prosecutions in the late nineteenth century. Then, in 1922, England passed the Infanticide Act, amended in 1938, which provided that a mother who killed her child would be prosecuted for manslaughter, not murder. Today, the great majority of women …


Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller Oct 2007

Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller

William & Mary Journal of Race, Gender, and Social Justice

This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.


Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton Oct 2007

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton

William & Mary Journal of Race, Gender, and Social Justice

An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge …


Symposium: Preserving Civil Liberties In An Age Of Global Terror: International Perspectives Oct 2007

Symposium: Preserving Civil Liberties In An Age Of Global Terror: International Perspectives

Cardozo Law Review

No abstract provided.


Recording Satellite Radio - Adapting To Modern Technology Or Infringing Copyright?, Jason A. Auerbach Oct 2007

Recording Satellite Radio - Adapting To Modern Technology Or Infringing Copyright?, Jason A. Auerbach

Cardozo Law Review

No abstract provided.


Event Jurisdiction And Protective Coordination: Lessons From September 11th Litigation, Robin Effron Oct 2007

Event Jurisdiction And Protective Coordination: Lessons From September 11th Litigation, Robin Effron

Public Law and Legal Theory Working Papers

Shortly after the tragic events of September 11, 2001, Congress passed the Air Transportation Safety and System Stabilization Act (ATSSSA). The September 11th Victim Compensation Fund (VCF) was the centerpiece of the statute and provided a source of no-fault compensation to the tragedy’s victims and victims’ families. The ATSSSA also allowed victims to elect to pursue traditional litigation instead. The ATSSSA contains three jurisdictional features that have shaped the path of the litigation. The Act created a federal cause of action “for damages arising out of” the terrorist related aircraft crashes; it gave the Southern District of New York original …


Protecting Free Speech In Electioneering Communications: Fec V. Wisconsin Right To Life, Matthew Modell Oct 2007

Protecting Free Speech In Electioneering Communications: Fec V. Wisconsin Right To Life, Matthew Modell

North Carolina Journal of Law & Technology

No abstract provided.


Jacobsen V. Katzer: Failure Of The Artistic License And Repercussions For Open Source, Erich M. Fabricius Oct 2007

Jacobsen V. Katzer: Failure Of The Artistic License And Repercussions For Open Source, Erich M. Fabricius

North Carolina Journal of Law & Technology

No abstract provided.


Just Age Playing Around - How Second Life Aids And Abets Child Pornography, Caroline Meek-Prieto Oct 2007

Just Age Playing Around - How Second Life Aids And Abets Child Pornography, Caroline Meek-Prieto

North Carolina Journal of Law & Technology

No abstract provided.