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Articles 421 - 450 of 10753
Full-Text Articles in Law
November 4, 2008: Praying For Victory In This Election, Bruce Ledewitz
November 4, 2008: Praying For Victory In This Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “Praying for Victory in this Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Ksr V. Teleflex: How “Obviousness” Has Changed, Daniel Becker
Ksr V. Teleflex: How “Obviousness” Has Changed, Daniel Becker
Duke Journal of Constitutional Law & Public Policy Sidebar
In KSR v. Teleflex, the Supreme Court examined the Federal Circuit's obviousness jurisprudence for patents. Both prior to and in this case, the Federal Circuit rigidly applied its judicially created "teaching, suggestion, or motivation" (TSM) test to determine whether the prior art would direct an inventor of ordinary skill in the art to combine references or elements in references in the same way as the patentee did. The Supreme Court, however, reversed the decision of the Federal Circuit, and held that by applying the TSM test in such a strict manner, the Federal Circuit had "analyzed the issue in a …
Why The Incompatibility Clause Applies To The Office Of The President, Saikrishna Bangalore Prakash
Why The Incompatibility Clause Applies To The Office Of The President, Saikrishna Bangalore Prakash
Duke Journal of Constitutional Law & Public Policy Sidebar
Professor Saikrishna Bangalore Prakash responds to Mr. Seth Barret Tillman's Article and defends the traditional interpretation of the Incompatibility Clause, under which a President is prohibited from simultaneously serving as a congressional representative. The ramifications that would result if a President could also hold a position in the Senate or the House of Representatives, Professor Prakash argues, are too problematic for Mr. Tillman's reading to replace the traditional understanding of the Incompatibility Clause. Therefore, the next President, whether Senator McCain or Senator Obama, would need to resign from the Senate before assuming the Executive Office.
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman
Duke Journal of Constitutional Law & Public Policy Sidebar
In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompatibility Clause and argues that the President may serve both as the Chief Executive and as a member of Congress. Mr. Tillman utilizes the text, history, and structure of the Constitution to support his position. He ultimately concludes that whoever serves as the next President -- Senator Obama or Senator McCain -- need not resign from the Senate before assuming the Executive Office.
Yes We Did, Photograph
Textual material from the Rodney Lawrence Hurst, Sr. Papers
MoveOn.org print.
Primary Care Physician Supply, Physician Compensation, And Medicare Fees: What Is The Connection?, Laura A. Dummit
Primary Care Physician Supply, Physician Compensation, And Medicare Fees: What Is The Connection?, Laura A. Dummit
National Health Policy Forum
Primary care, a cornerstone of several health reform efforts, is believed by many to be in a crisis because of inadequate supply to meet future demand. This belief has focused attention on the adequacy of primary care physician supply and ways to boost access to primary care. One suggested approach is to raise Medicare fees for primary care services. Whether higher Medicare fees would increase physician interest in primary care specialties by reducing compensation disparities between primary care and other specialties has not been established. Further, many questions remain about the assumptions underlying these policy concerns. Is there really a …
The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey
The Durability Of Conservation Easements In Georgia, Meghan Ryan, Michelle Godfrey
Land Use Clinic
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws.
Vol. 35, No. 09 (November 3, 2008)
Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora
Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora
NULR Online
No abstract provided.
November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz
November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion and the 2008 Campaign“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Proposition 4: Waiting Period And Parental Notification Before Termination Of Minor's Pregnancy. Initiative Constitutional Amendment., Melissa A. Meth
Proposition 4: Waiting Period And Parental Notification Before Termination Of Minor's Pregnancy. Initiative Constitutional Amendment., Melissa A. Meth
California Initiative Review (CIR)
No abstract provided.
The Alberta Legal Services Mapping Project: Pilot District Interim Report, Glynnis Lieb
The Alberta Legal Services Mapping Project: Pilot District Interim Report, Glynnis Lieb
Canadian Forum on Civil Justice
Our justice system is a fundamental and far-reaching component of Canada=s system of democracy. It is complex with four broad divisions of law: civil, family, criminal and administrative. Lack of public understanding of our justice system is therefore a key and fundamental concern for the administration of justice.
The Forum (Volume 38, Number 3), Valparaiso University School Of Law
The Forum (Volume 38, Number 3), Valparaiso University School Of Law
Valparaiso Law School Forum
No abstract provided.
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
All Faculty Scholarship
The 1909 Boundary Waters Treaty (Treaty) is a model of, international water resources cooperation because it provides a permanent dispute mechanism, the six member International Joint Commission (IJC). Thus, both Canada and the United States have much to celebrate on the 100th anniversary of the Treaty. However, the most interesting aspect of the Treaty is the regime's ability to evolve through state practice beyond its original dispute resolution function, despite the inconsistent support for IJC involvement in transboundary water issues of the United States. The Treaty has been severely criticized by governments and non-governmental organizations (NGOs), especially in, Canada, for …
Chinese Identity In Post-Suharto Indonesia: Cy Hoon's New Book, Knowledge@Smu
Chinese Identity In Post-Suharto Indonesia: Cy Hoon's New Book, Knowledge@Smu
Knowledge@SMU
Hoon Chang Yau, Asian Studies professor at Singapore Management University, was born in Malaysia, raised in Brunei and educated in Australia. His new book, Chinese Identity in Post-Suharto Indonesia: Culture, Politics and Media, was launched recently in Singapore. It is an in-depth analysis of the evolution of the Chinese community in Indonesia, and their efforts to define a unique and complex identity in the post-Suharto era.
Proliferation Of Ftas A Challenge To The Wto?, Knowledge@Smu
Proliferation Of Ftas A Challenge To The Wto?, Knowledge@Smu
Knowledge@SMU
The proliferation of FTAs in recent years, resulting from an impasse in negotiations for a multilateral agreement, is of concern to the WTO. At a seminar organised by the Singapore Management University’s School of Law, two WTO experts, professors William Davey and Mitsuo Matsushita, explained why more countries want to sign FTAs and the implications for the world trading system.
November 2008 Docket, Georgia State University College Of Law
November 2008 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security
CEES: The Center for Energy & Environmental Security [Newsletter] (2008)
No abstract provided.
Proposition 3: The Children’S Hospital Bond Act Of 2008, Brian Briggs, Tessa Mayer
Proposition 3: The Children’S Hospital Bond Act Of 2008, Brian Briggs, Tessa Mayer
California Initiative Review (CIR)
No abstract provided.
Proposition 5: Nonviolent Offenders Rehabilitation Act Of 2008, Corey Ordoñez, Stephanie Schiele
Proposition 5: Nonviolent Offenders Rehabilitation Act Of 2008, Corey Ordoñez, Stephanie Schiele
California Initiative Review (CIR)
No abstract provided.
Proposition 11: Redistricting. Initiative Constitutional Amendment And Statute., Jeffery Grant, Luke Vanderwagen
Proposition 11: Redistricting. Initiative Constitutional Amendment And Statute., Jeffery Grant, Luke Vanderwagen
California Initiative Review (CIR)
No abstract provided.
Report: Voter Fraud Vs Voter Suppression: A Refocus In Values, Kathryn Lynn Patterson
Report: Voter Fraud Vs Voter Suppression: A Refocus In Values, Kathryn Lynn Patterson
California Initiative Review (CIR)
No abstract provided.
Queer Teens And Legislative Bullies: The Cruel And Invidious Discrimination Behind Heterosexist Statutory Rape Laws, Michael J. Higdon
Queer Teens And Legislative Bullies: The Cruel And Invidious Discrimination Behind Heterosexist Statutory Rape Laws, Michael J. Higdon
Scholarly Works
Most states make an exception to their statutory rape laws for sexual acts involving an adolescent victim, who is below the age of consent, when the defendant is close in age to the victim (i.e., generally no older than three or four years). However, a few states explicitly limit such exceptions (commonly referred to as Romeo and Juliet exceptions) to only those situations involving teens who are of the opposite gender. Thus, adolescents in these states who have sex with someone below the age of consent, and who are also the same gender as the defendant, cannot avail themselves to …
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Scholarly Works
This article responds to a recent critique that the securitization of receivables is a legally shaky financial product that survives only because it is too big to fail. This critique argues that securitization's success in avoiding the costs that the Bankruptcy Code imposes on secured credit, including a bankruptcy trustee's ability to use the cash collateral from the receivables, is a type of fraud that hinders or delays the creditors of the originators of receivables. The critique, however, fails. The cases cited for the author's fraud analysis do not support its thesis. Further, the critique fails to demonstrate that securitization's …
Proposition 6: The Safe Neighborhood Act: Stop Gang, Gun, And Street Crime, Lee Edwin Sheldon
Proposition 6: The Safe Neighborhood Act: Stop Gang, Gun, And Street Crime, Lee Edwin Sheldon
California Initiative Review (CIR)
No abstract provided.
Proposition 10: Alternative Fuel Vehicles And Renewable Energy Bond Act, Jason Munroe
Proposition 10: Alternative Fuel Vehicles And Renewable Energy Bond Act, Jason Munroe
California Initiative Review (CIR)
No abstract provided.
Proposition 12: Veterans' Bond Act Of 2008, David M. Marchiano, David Weissman
Proposition 12: Veterans' Bond Act Of 2008, David M. Marchiano, David Weissman
California Initiative Review (CIR)
No abstract provided.
Now He Belong To The Ages: Memorializing Abraham Lincoln, Jonathan Jeffrey
Now He Belong To The Ages: Memorializing Abraham Lincoln, Jonathan Jeffrey
SCL Faculty and Staff Publications
Reviled by many of his fellow Kentuckians while he was president, Abraham Lincoln became Kentucky’s, and America’s, idol during the 20th century. The Commonwealth is home to a growing list of notable Lincoln memorials. This article examines the history and folklore surrounding a number of these monuments.
Proposition 1a: Safe, Reliable High-Speed Passenger Train Bond Act., Christine Anne Elliott
Proposition 1a: Safe, Reliable High-Speed Passenger Train Bond Act., Christine Anne Elliott
California Initiative Review (CIR)
No abstract provided.