Law Commons^™

Nova Law Review-Volume 33-2008-2009, Michael T. Fraser, Jeremy Dicker, Sanaz Alempour, Laurence Krutchik

Law Review Mastheads

No abstract provided.

C-Drum News, V. 2, No. 1, Fall 2008

The C-DRUM News

No abstract provided.

Bills Introduced In The 110th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts bills introduced in the 110th Congress regarding flexible work arrangements.

Health Law Outlook - Volume 2, Issue 1 (Fall 2008)

Health Law Outlook (archive)

Inside this issue:

• New Jersey Hospitals in Need of Help: Recent Legislation to Remedy Problems, Matthew Colford
• New Jersey's Health Care Reform Law S-1557: What The Law Aims to Do and Who It Will Affect, Kaitlin Semler
• Seeing is Believing: The Need for Transparency in the Creation of Pandemic Preparedness Plans, Maansi Raswant
• Gardasil: Medical Miracle or Merck's Myth?: Should Schools Mandate the Vaccination of School Girls?, Nicole McErlean
• Riegel v. Medtronic: Supreme Court Changes Medical Device Liability, Katherine Freed
• Group vs. Solo Practice: An Analysis of Advantages and Disadvantages of "Going Group", Christina Hage
• Health Savings …

The Jurisprudence Of Pleading: Rights, Rules, And Conley V. Gibson, Emily Sherwin

Cornell Law Faculty Publications

In 1957, in the case of Conley v. Gibson, the Supreme Court announced a minimal standard for the contents of a complaint under the Federal Rules of Civil Procedure and endorsed what has come to be known as 'notice' pleading. This article, prepared for a symposium on Conley, reviews the debate over pleading requirements that preceded the case. Unlike modern discussions of pleading, which focus on the level of factual specificity required in complaints, the pre-Conley debate was about the legal content of complaints - an question largely forgotten in the years following Conley.

The early twentieth century debate over …

Newsletter, Fall 2008

Newsletter

No abstract provided.

Irish Law 2008, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2011, Welcome as a potential student to Notre Dame Law School! I am thrilled to be among the first to receive you into our family. I know that this is an exciting time for you and that, if you are anything like I was just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. I hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. I also hope that …

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

School of Law Faculty Publications and Presentations

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …

Obedience As The Foundation Of Fiduciary Duty, Rob Atkinson

Scholarly Publications

No abstract provided.

Baselines Newsletter, No. 3, Fall 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Vol. 25, No. 4, Paul R. Klenck

The Illinois Public Employee Relations Report

Contents:

Caught in the Web: On and Off-Duty Use of Computers, by Paul R. Klenck

Recent Developments

Further References, compiled by Yoo-Seong Song

Amicus (Fall 2008), University Of Colorado Law School

Amicus

Throughout its history Colorado Law has produced alumni who have gone on to forge their own careers in something other than the legal field. In this issue you will learn about a few of these alumni who were able to combine the skills that they acquired at Colorado Law with their creativity in order to become successful entrepreneurs.

Featured in this issue:

• Steve Ehrhart ‘72
• Elizabeth Cook ‘82
• Stan Dempsey ‘64
• Glenn Jones ‘61
• Julie Penner ‘09

Got Controversy - Milk Does, Margaret Sova Mccabe

Law Faculty Scholarship

This article analyzes ongoing controversy over how to best label rBST-free milk. Recombinant bovine somatotropin is a genetically engineered drug administered by some farmers to their dairy herds to increase milk production. FDA first approved its use in 1994, despite great controversy. The FDA also issued labeling guidelines that allowed voluntary disclosure of rBST-free milk, so long as it carried the disclaimer that no difference could be detected between milk produced with rBST and rBST-free. The controversy continues today as consumers express a preference for rBST-free milk and many rBST-free producers label their milk this way. "Conventional" milk (with rBST) …

Will The Use Of Racial Statistics In Public Health Surveillance Survive Equal Protection Challenges - A Prolegomenon For The Future, Christopher Ogolla

North Carolina Central Law Review

No abstract provided.

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams

North Carolina Central Law Review

No abstract provided.

The Political Economy Of Immigration Reform, Emily A. Harrell, David L. Franklin

North Carolina Central Law Review

No abstract provided.

Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams

North Carolina Central Law Review

No abstract provided.

Reversing The Standard: The Difficulty In Proving Selective Prosecution, Dominique Camm

North Carolina Central Law Review

No abstract provided.

Torch (October 2008), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Florida State Law Alumni Magazine (Fall 2008), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie Wilson

Scholarly Works

The Supreme Court's Fourth Amendment jurisprudence has been oft criticized. The criticism is not surprising or undeserved. After all, the express language of the Fourth Amendment requires that the government act reasonably whenever it intrudes on a person's privacy, liberty or dignity by conducting a search or seizure. But the Court's Fourth Amendment opinions have authorized conduct that looks anything but reasonable.

This Article contends that the unreasonableness of the Court's Fourth Amendment decisions is advanced by the Court's poor allocation of mixed issues - those asking someone to determine whether the historical facts in the case satisfy the constitutional …

Criminal Justice Federalism And National Sex Offender Policy, Wayne A. Logan

Scholarly Publications

This paper, part of a symposium, examines the federal government's sustained effort to recast state policies regarding sex offender registration and community notification laws. While commentators have typically focused on federal Commerce Clause-based incursions on state criminal justice authority, with registration and notification the U.S. has invoked the Spending Clause, a less controversial yet more invasive strategy, driving outcomes nationwide, not merely within the federal system alone. As a result, borrowing from Justice Harlan, the U.S. has "fasten[ed] on the States federal notions of criminal justice" in a major way.

After providing an overview of the historic reluctance of the …

Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler

Scholarly Publications

No abstract provided.

International & Comparative Law Perspectives: Fall 2008, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Intellectual Property Perspectives: Fall 2008, Ip Law Program

Intellectual Property Perspectives

No abstract provided.

A Response To Professor Camp: The Importance Of Oversight, Leslie Book

Working Paper Series

In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …

The Low Road To Cy Pres Reform: Principled Practice To Remove Dead Hand Control Of Charitable Assets, Rob Atkinson

Scholarly Publications

In recent decades many scholars have called for reduction of dead hand control of charitable assets. These scholars have recommended the "high road" to reform: sweeping, wholesale revision of legal doctrines by either courts or legislatures. These calls, for all their merit, have gone virtually unheeded. In the face of that apparent impasse, this article recommends a different route, a "low road," to reform: an immediately available set of strategies for removing dead hand control, strategies that can be deployed, in particular cases, right now. The net effect of this piecemeal, practical approach should be to move us, albeit in …

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Protection Of Trademarks And Geographical Indications, Inessa Shalevich

Buffalo Intellectual Property Law Journal

No abstract provided.

Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure

Buffalo Intellectual Property Law Journal

No abstract provided.