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2008

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Articles 2581 - 2610 of 10761

Full-Text Articles in Law

Runaway Train - The Retaliation Scene After Burlington Northern V. White, Yvette K. Schultz May 2008

Runaway Train - The Retaliation Scene After Burlington Northern V. White, Yvette K. Schultz

Louisiana Law Review

No abstract provided.


The Sugar Mill Case: Public Waste And The Public Bid Law, Louis Ducote May 2008

The Sugar Mill Case: Public Waste And The Public Bid Law, Louis Ducote

Louisiana Law Review

No abstract provided.


Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller May 2008

Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller

Northern Illinois University Law Review

This article examines the evolving political history of, and then compares, the FLSA and Illinois maximum hours labor standards. It shows that worker rights to shorter work hours have steadily atrophied under the FLSA. Illinois law has moved in the opposite direction, providing workers with increasingly more generous (albeit, not particularly strong) statutory rights to shorter work hours than the FLSA. Employers in Illinois must therefore (presently) adhere to the Illinois, rather than the federal, maximum hours labor standards.


Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn May 2008

Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn

Northern Illinois University Law Review

When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that "the legal system has ineffectively dealt with family violence in the past . . . and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims." However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. In 2006, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois …


Vol. 28, No. 2, Spring 2008: Table Of Contents May 2008

Vol. 28, No. 2, Spring 2008: Table Of Contents

Northern Illinois University Law Review

No abstract provided.


Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl May 2008

Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl

Economics Faculty Publications

Judges and juries must make momentous and intricate decisions. The temptation is overwhelming for the court to request assistance from those who claim to know facts, interpretations, and explanatory models that promise to make those decisions more accurate.1 As long as some of us know more than others about specific probative matters, courts will certainly seek to know what those experts know or, to anticipate, what they claim to know. But how can courts optimize their consumption of this expertise?


Sanctuary's Demise: The Unintended Effects Of State And Local Enforcement Of Immigration Law., Jennifer M. Hansen May 2008

Sanctuary's Demise: The Unintended Effects Of State And Local Enforcement Of Immigration Law., Jennifer M. Hansen

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Women And The Law: Touro Law Center Symposium May 2008

Women And The Law: Touro Law Center Symposium

Journal of Race, Gender, and Ethnicity

No abstract provided.


Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken May 2008

Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken

University of Michigan Journal of Law Reform

Through innocent pleas and innocence procedures, this Article urges a fundamental change to the adversarial system to minimize the risk that factually innocent persons will be convicted of crimes. The current system, based on determining whether the prosecution can prove guilt beyond a reasonable doubt, results in acquittals of guilty persons when evidence is sparse and convictions of innocent persons when evidence is abundant. It might be easier philosophically to accept that guilty persons will go free than to know that some innocent persons will be convicted and imprisoned, especially in the American justice system where erroneous jury verdicts based …


The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane May 2008

The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane

University of Michigan Journal of Law Reform

The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …


Money As Property: The Effects Of Doctrinal Misallocation On Campaign Finance Reform, Maneesh Sharma May 2008

Money As Property: The Effects Of Doctrinal Misallocation On Campaign Finance Reform, Maneesh Sharma

University of Michigan Journal of Law Reform

By applying First Amendment jurisprudence to campaign finance measures, this Note argues that the Supreme Court has misallocated campaign finance within its doctrinal scheme. This doctrinal misallocation has stymied the ability of legislatures to enact effective reforms to reduce the role of money in politics. This Note argues that money in the political process more closely resembles property than speech and should therefore be analyzed under a less stringent property review. This Note concludes by proposing a standard of review developed from the Court's property jurisprudence.


Two Conceptions Of Irreversible Environmental Harm, Cass R. Sunstein May 2008

Two Conceptions Of Irreversible Environmental Harm, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility remains poorly defined. Because time is linear, any loss is, in a sense, irreversible. On one approach, drawn from environmental economics, irreversibility might be understood as a reference to the value associated with taking precautionary steps that maintain flexibility for an uncertain future ("option value"). On another approach, drawn from environmental ethics, irreversibility might be understood to refer to the qualitatively distinctive nature of certain environmental harms—a …


Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati May 2008

Which States Have The Best (And Worst) High Courts?, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler May 2008

Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler

Coase-Sandor Institute for Law & Economics Research Paper Series

In situations where people have an incentive to coordinate their behavior, law can provide a framework for understanding and predicting what others are likely to do. According to the focal point theory of expressive law, the law's articulation of a behavior can sometimes create self-fulfilling expectations that it will occur. Existing theories of legal compliance emphasize the effect of sanctions or legitimacy; we argue that, in addition to sanctions and legitimacy, law can also influence compliance simply by making one outcome salient. We tested this claim in two experiments where sanctions and legitimacy were held constant. Experiment 1 demonstrated that …


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce May 2008

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce

Gerontology Institute Publications

This report will address the question of income adequacy for Pennsylvania’s older adults using the WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.


Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock May 2008

Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock

Michigan Law Review

Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …


Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk May 2008

Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk

Michigan Law Review

Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however make decisions based on private costs and benefits, not social costs and …


Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer May 2008

Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer

Michigan Law Review

This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students …


Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos May 2008

Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos

Michigan Law Review

11 U.S.C. § 541 defines "property of the estate" in bankruptcy, but courts have not interpreted that section uniformly. The Fifth Circuit has read the term broadly to include both interests in property that the trustee recovers under § 541(a)(3) and legal or equitable interests under § 541(a)(1) that have purportedly been fraudulently transferred but which the trustee has not yet recovered. The Second Circuit, however, has taken a more restrained approach, holding that fraudulently transferred property that the trustee has not yet recovered does not constitute property of the estate. This Note argues that courts should adopt the Second …


Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp May 2008

Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp

Cardozo Law Review

No abstract provided.


Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit May 2008

Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit

Journal of Food Law & Policy

This article is an exploration of this new and growing local food movement. It is not a cohesive movement, nor is it one that is organized by a particular group. Rather, it is a grassroots movement comprised of people who are interested, for various reasons, in obtaining food grown or produced where they live or in producing this food themselves. The purpose of this article is to explore what the local food movement is, why consumers are interested in basing their food purchasing choices on where their food originates, current and future regulation of local food, and where this movement …


Journal Of Food Law & Policy - Spring 2008, Journal Editors May 2008

Journal Of Food Law & Policy - Spring 2008, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda May 2008

Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda

Journal of Food Law & Policy

In their ordinary lives, many people try to avoid any situation involving risk that could cause themselves harm. On the other hand, others assume risk with greater facility because they are not sufficiently aware of it, or because they know that the probability of resulting damage is very low. Overwhelming worry in the face of any kind of risk would be paralyzing (we would not leave the house, eat in any restaurant outside of our home, drive, or fly). On the contrary, an attitude absolutely heedless of risks would end up causing innumerable damages, some of them irreparable. Common sense …


Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis May 2008

Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis

Journal of Food Law & Policy

The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's history, perhaps …


Contents, Journal Editors May 2008

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Renting The Good Life, Jim Hawkins May 2008

Renting The Good Life, Jim Hawkins

William & Mary Law Review

Academic literature and court decisions are replete with calls to ban or severely inhibit the rent-to-own industry. The argument is simple enough: Rent-to-own firms charge exorbitant prices to the most needy and vulnerable segments of society. The case for burdensome regulations, however, is much more difficult to make out than past scholarship has admitted. For the most part, academics have proceeded directly to proposing specific regulations for the industry without first carefully analyzing the rent-to-own business or the reasons for imposing drastic regulations. This Article examines the theoretical justifications for regulating the rent-to-own industry against the backdrop of interviews I …


All Bark And No Bite: A Modern Evidentiary Argument For The Retirement Of The Age-Old Pennsylvania Rule, Bin Wang May 2008

All Bark And No Bite: A Modern Evidentiary Argument For The Retirement Of The Age-Old Pennsylvania Rule, Bin Wang

William & Mary Law Review

No abstract provided.


The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra May 2008

The Unrecognized Right Of Criminal Defendants To Admit Their Own Pretrial Statements, Stephen A. Saltzburg, Daniel J. Capra

William & Mary Law Review

In Agard v. Portuondo, the United States Supreme Court held that a prosecutor did not violate a testifying defendant's constitutional rights by inviting the jury to infer from the defendant's presence at trial that the defendant altered his own version of events to accord with other witnesses' testimony. Justice Scalia's opinion for the Court emphasized that jurors might well draw the inference even without a prosecutor asking them to do so. Although Agard is viewed as giving an advantage in a criminal trial to the government, this Article considers how Agard might be used to allow defense counsel to introduce …


Religion At A Public University, Gerard V. Bradley May 2008

Religion At A Public University, Gerard V. Bradley

William & Mary Law Review

No abstract provided.


Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook May 2008

Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook

William & Mary Law Review

Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …