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Articles 1861 - 1890 of 10761
Full-Text Articles in Law
A Law Library Journal Centennial Timeline: Highlights From One Hundred Years Of Llj History, Frank G. Houdek
A Law Library Journal Centennial Timeline: Highlights From One Hundred Years Of Llj History, Frank G. Houdek
Publications
Professor Houdek provides a time line highlighting events, actions, and individuals that have played prominent roles in the nearly hundred-year history of Law Library Journal.
Current Awareness Alerts Make The Internet Revolve Around You, James M. Donovan
Current Awareness Alerts Make The Internet Revolve Around You, James M. Donovan
Articles, Chapters and Online Publications
The Internet is a constantly evolving source of information for the busy lawyer, and current awareness services can collect all the information you want to routinely see and present it to you in a convenient format.
Remembrance Of Lives Past: The Challenge Of Addressing Epigenetic Risk In Society, Fazal Khan
Remembrance Of Lives Past: The Challenge Of Addressing Epigenetic Risk In Society, Fazal Khan
Popular Media
Do our ancestors’ experiences from several generations ago play a role in our current health? Could a famine or a period of food abundance experienced by our grandfathers affect whether we are currently obese or likely to develop diabetes? Can being the grandchildren of those who suffered through genocide or intense racial discrimination affect levels of certain chemicals in our brains even if we are not exposed to the same social stresses? In other words, do we biologically inherit the “memories” of past generations independent of changes to our ancestors’ genetic code or DNA? Assistant Professor Fazal Khan explores how …
The Report Of The Secretaries Of State: Bipartisan Advice To The Next Administration, Henry Kissinger, Madeleine Albright, Colin Powell, Warren Christopher, James Baker
The Report Of The Secretaries Of State: Bipartisan Advice To The Next Administration, Henry Kissinger, Madeleine Albright, Colin Powell, Warren Christopher, James Baker
Conferences and Symposia to 2010
On March 27, former Secretaries of State Henry Kissinger, James Baker III, Warren Christopher, Madeleine Albright and Colin Powell gathered in Athens to discuss current U.S. foreign policy with the goal of providing advice and counsel to the next presidential administration. The session was moderated by Terence Smith, of “The NewsHour with Jim Lehrer,” before an audience of more than 2,000. Sponsored by the Dean Rusk Center, in partnership with the Southern Center for International Studies, the two hour roundtable, titled “The Report of the Secretaries of State: Bipartisan Advice to the Next Administration,” has been edited for broadcast on …
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
South Carolina Law Review
No abstract provided.
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James
South Carolina Law Review
No abstract provided.
Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater
Gonzales V. Carhart: Continuing The Class Critique Of The Reproductive Rights Doctrine And Movement, Pamela Bridgwater
South Carolina Law Review
No abstract provided.
To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer
To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer
South Carolina Law Review
No abstract provided.
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Law Faculty Popular Media
In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses three historically prominent approaches to solving legal problems in ecclesiastical disputes.
The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii
The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii
Faculty Publications
One of the striking features of the 2008 election cycle has been the absence of crime as a national political issue. Nobody has declared metaphorical war on any type of crime, run an ad about the depredations of a parolee, or even promised 100,000 cops. It may simply be that for a country embroiled in two nonmetaphorical foreign wars and deeply nervous about the state of the economy, crime is a second-order concern. It could be that the big drop in crime of all types throughout the 1990s has made the issue seem less pressing. Whatever the explanation, things are …
America's Founding Editors, Douglas E. Abrams
America's Founding Editors, Douglas E. Abrams
Faculty Publications
No abstract provided.
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Law Faculty Articles and Essays
This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …
Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins
Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins
Law Faculty Articles and Essays
In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project.
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
University of Miami Inter-American Law Review
No abstract provided.
Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga
Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga
University of Miami Inter-American Law Review
No abstract provided.
Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein
University of Miami Inter-American Law Review
No abstract provided.
Destroying Minds: Psychological Pain And The Crime Of Torture, Nora Sveaass
Destroying Minds: Psychological Pain And The Crime Of Torture, Nora Sveaass
City University of New York Law Review
No abstract provided.
Vol. 6, No. 03 (July/August 2008)
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Indiana Law Journal
The U.S. News & World Report annual rankings play a key role in ordering the market for legal education, and, by extension, the market for entry level lawyers. This Article explores the impact and evolution of placement and post-graduation data, which are important input variables that comprise twenty percent of the total rankings methodology. In general, we observe clear evidence that law schools are seeking to maximize each placement and post-graduation input variable. During the 1997 to, 2006 time period, law schools in all four tiers posted large average gains in employment rates upon graduation and nine months, which appear …
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Indiana Law Journal
The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …
The "Carrot" Approach To Accounting Standard Setting, Neal Newman
The "Carrot" Approach To Accounting Standard Setting, Neal Newman
University of Miami Business Law Review
No abstract provided.
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Reincarnating The “Major Questions” Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article proceeds as follows. Part I describes the birth of the major questions exception in MCI and Brown & Williamson and the death of the exception in Massachusetts. Part II identifies the three forms of the major questions rule that the Court and the literature have proposed to date and rejects all three, concluding that the rule ought not to be reincarnated if it cannot also be reformed. Part III proposes the noninterference form of the Chevron exception, demonstrating its foundations in the history of the major questions cases and demonstrating its similarities to other noninterference rules. Part IV …
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale
UF Law Faculty Publications
The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for …
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
UF Law Faculty Publications
Two of the several films based on William Faulkner's writings - “Intruder in the Dust” and “Tomorrow” - are sensitive adaptations that are permeated with themes regarding the nature of justice, the role of the attorney, and the place of law and lawlessness in society. In many ways, a careful study of each of these two films (and of the novel and story upon which they are based) reveals that William Faulkner holds a place as an important American legal commentator. No writer (before or since Faulkner) captures so vividly and so truly the moral predicament of an American South …
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
UF Law Faculty Publications
False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has never …
Value In The Eye Of The Beholder: The Valuation Of Intangibles For Transfer Pricing Purposes, Yariv Brauner
Value In The Eye Of The Beholder: The Valuation Of Intangibles For Transfer Pricing Purposes, Yariv Brauner
UF Law Faculty Publications
This article assesses the desirability of our current, arms' length based, transfer pricing regime by analyzing its theoretical and practical effectiveness in application to transfers of intangibles. A detailed analysis of the practice of valuation of intangibles, which is the key component in the application of this regime, exposes its weaknesses that result in undesirable market incentives. These incentives create a strong bias in favor of large multinational enterprises, yet, even if one favored such bias, it is achieved using an uncontrollable, costly and wasteful legal mechanism. The article particularly criticizes the regime's disregard of the unique characteristics of intangibles …
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth
University of Arkansas at Little Rock Law Review
No abstract provided.