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Articles 1411 - 1440 of 10754
Full-Text Articles in Law
The Brief Demise Of Remittitur: The Role Of Judges In Shaping Remedies Law, Sarah M. R. Cravens
The Brief Demise Of Remittitur: The Role Of Judges In Shaping Remedies Law, Sarah M. R. Cravens
Loyola of Los Angeles Law Review
No abstract provided.
The Opinion Volume 46 Issue 1 – September 1, 2008, The Opinion
The Opinion Volume 46 Issue 1 – September 1, 2008, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 01, 2008
The Legal Regulation Of War, Beth Van Schaack, Ron Slye
The Legal Regulation Of War, Beth Van Schaack, Ron Slye
Faculty Publications
This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of war SHOULD BE LAW NOT WAR with respect to the evolving definitions of war crimes …
A Sovereign Wealth Turn, Anna Gelpern
A Sovereign Wealth Turn, Anna Gelpern
Working Papers
On September 2, 2008, a group of leading sovereign wealth funds (SWFs) agreed on generally accepted principles and practices. The process that created the so-called Santiago Principles is important in its own right, as a milestone on the way to what might become international financial architecture. Since SWFs rose to prominence two years ago, they have been trapped in sterile domestic arguments between national security and open investment. These have obscured SWFs' significance and the governance challenge they present. The challenge reflects the power shifts and culture clashes of financial integration, which, thanks to capital flow reversals, no longer looks …
Recent Decisions - Primary & Secondary Education
Recent Decisions - Primary & Secondary Education
The Journal of Law and Education
No abstract provided.
The New Industrial Accident Crisis: Compensating Workers For Injuries In The Office, Rachel M. Janutis
The New Industrial Accident Crisis: Compensating Workers For Injuries In The Office, Rachel M. Janutis
Loyola of Los Angeles Law Review
No abstract provided.
Mechanisms For Restricting Recovery For Emotional Distress In Contracts, John D. Mccamus
Mechanisms For Restricting Recovery For Emotional Distress In Contracts, John D. Mccamus
Loyola of Los Angeles Law Review
No abstract provided.
The Compensation Principle In Private Law, Jeffrey Berryman
The Compensation Principle In Private Law, Jeffrey Berryman
Loyola of Los Angeles Law Review
No abstract provided.
The Puzzle Of The Actual Injury Requirement For Damages, James M. Fischer
The Puzzle Of The Actual Injury Requirement For Damages, James M. Fischer
Loyola of Los Angeles Law Review
No abstract provided.
Volume 27 - Number 2: Table Of Contents
Volume 27 - Number 2: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Penn State International Law Review (1982 - 2011)
No abstract provided.
U.S. National Security Implications Of The U.N. Convention On The Law Of The Sea, Christopher Shiraldi
U.S. National Security Implications Of The U.N. Convention On The Law Of The Sea, Christopher Shiraldi
Penn State International Law Review (1982 - 2011)
No abstract provided.
Nietzsche's Naturalism Reconsidered, Brian Leiter
Nietzsche's Naturalism Reconsidered, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Privatizing Trademarks, Irina Manta
Privatizing Trademarks, Irina Manta
Public Law and Legal Theory Working Papers
While trademarks are designed to promote a competitive and productive marketplace, the current system of trademark registration is run by the Patent & Trademark Office as a monopoly of questionable productivity. The average time that it takes for the Patent & Trademark Office to process a trademark application is fifteen months, and even registrations that do not encounter legal issues can require a year. As a result, trademark applicants risk investing substantial sums of money into a mark to discover much later that the Patent & Trademark Office will not register it. This Article considers a possible solution - a …
Play Ball: Substituting Current Federal Non-Regulation Of Fantasy Sports Leagues With Limited Supervision Of Hyper-Competitive Leagues, Erick S. Lee
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Predatory Lending, Passive Judicial Activism, And The Duty To Decide, Susan E. Hauser
Predatory Lending, Passive Judicial Activism, And The Duty To Decide, Susan E. Hauser
North Carolina Law Review
No abstract provided.
Authors, North Carolina Law Review
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Washington and Lee Law Review
Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …
Tax Fairness, Brian Galle
Tax Fairness, Brian Galle
Washington and Lee Law Review
This Article argues that, contrary to the consensus of economists and many legal scholars, the norm of "horizontal equity" in taxation has independent meaning as a default rule in favor of existing arrangements. Although it has long been said, and widely thought, that tax should be fair in its dealings with individuals who are situated similarly to one another, no one has been able to say convincingly just what that fairness comprises. As a result, the learned referees in the last major dispute over the significance of horizontal equity judged that fairness's critic had decidedly won the day. Since then, …
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Interjurisdictional Competition In Enforcing Noncompetition Agreements: Regulatory Risk Management And The Race To The Bottom, Timothy P. Glynn
Washington and Lee Law Review
No abstract provided.
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Washington and Lee Law Review
When the Oscar-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developedfor these disputes are …
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
Washington and Lee Law Review
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Washington and Lee Law Review
No abstract provided.
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Claims, Civil Actions, Congress & The Court: Limiting The Reasoning Of Cases Construing Poorly Drawn Statutes, Joan Steinman
Washington and Lee Law Review
No abstract provided.
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Washington and Lee Law Review
No abstract provided.
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Washington and Lee Law Review
No abstract provided.
Editor's Note: The Future Of Lgbt Scholarship
Editor's Note: The Future Of Lgbt Scholarship
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Hiv Discrimination In Health Care Services In Los Angeles County: The Results Of Three Testing Studies, Brad Sears
Hiv Discrimination In Health Care Services In Los Angeles County: The Results Of Three Testing Studies, Brad Sears
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.