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2008

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Articles 8821 - 8850 of 10761

Full-Text Articles in Law

Discovery Under Bankruptcy Procedure: A "Trap Door?", Manuel D. Leal Jan 2008

Discovery Under Bankruptcy Procedure: A "Trap Door?", Manuel D. Leal

North Dakota Law Review

No abstract provided.


The Midwife And The Forceps: The Wild Terrain Of Midwifery Law In The United States And Where North Dakota Is Heading In The Birthing Debate, Christopher Rausch Jan 2008

The Midwife And The Forceps: The Wild Terrain Of Midwifery Law In The United States And Where North Dakota Is Heading In The Birthing Debate, Christopher Rausch

North Dakota Law Review

No abstract provided.


Civil Rights - Employment Discrimination: What Ledbetter Means For Employees Facing Gender-Based Pay Discrimination, Ledbetter V. Goodyear Tire & Rubber Co., 127 S. Ct. 2162 (2007), Christopher S. Pieske Jan 2008

Civil Rights - Employment Discrimination: What Ledbetter Means For Employees Facing Gender-Based Pay Discrimination, Ledbetter V. Goodyear Tire & Rubber Co., 127 S. Ct. 2162 (2007), Christopher S. Pieske

North Dakota Law Review

No abstract provided.


Cercla Contribution: An Inquiry Into What Constitutes An Administrative Settlement, Amy Luria Jan 2008

Cercla Contribution: An Inquiry Into What Constitutes An Administrative Settlement, Amy Luria

North Dakota Law Review

No abstract provided.


The Future Of Quantifying Tribal Water Rights In North Dakota, Erica Shively Jan 2008

The Future Of Quantifying Tribal Water Rights In North Dakota, Erica Shively

North Dakota Law Review

No abstract provided.


Health - Medical Malpractice Defenses: Appling Good Samaritan Laws To In-Hospital Emergencies, Kara Johnson Jan 2008

Health - Medical Malpractice Defenses: Appling Good Samaritan Laws To In-Hospital Emergencies, Kara Johnson

North Dakota Law Review

Chamley v. Khokha, 2007 ND 69


The Promise Of Mediation For North Dakota, James R. Antes, Ph.D., Kristine Paranica J.D. Jan 2008

The Promise Of Mediation For North Dakota, James R. Antes, Ph.D., Kristine Paranica J.D.

North Dakota Law Review

No abstract provided.


Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush Jan 2008

Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush

North Dakota Law Review

No abstract provided.


Harmony And Transformative Mediation Practice: Sustaining Ideological Differences In Purpose And Practice, Joseph Folger Jan 2008

Harmony And Transformative Mediation Practice: Sustaining Ideological Differences In Purpose And Practice, Joseph Folger

North Dakota Law Review

No abstract provided.


Avoiding Pitfalls: Common Reasons For Mediation Failure And Solutions For Success, Jack G. Marcil, Nicholas D. Thornton Jan 2008

Avoiding Pitfalls: Common Reasons For Mediation Failure And Solutions For Success, Jack G. Marcil, Nicholas D. Thornton

North Dakota Law Review

No abstract provided.


The History Of The North Dakota Publicly Traded Corporations Act Of 2007 - House Bill 1340, Al Jaeger Jan 2008

The History Of The North Dakota Publicly Traded Corporations Act Of 2007 - House Bill 1340, Al Jaeger

North Dakota Law Review

No abstract provided.


Editor's Note, North Dakota Law Review Jan 2008

Editor's Note, North Dakota Law Review

North Dakota Law Review

No abstract provided.


Returning Fairness To Executive Compensation, J. Robert Brown Jr. Jan 2008

Returning Fairness To Executive Compensation, J. Robert Brown Jr.

North Dakota Law Review

No abstract provided.


North Dakota's Novel Approach To Corporate Governance: A Shifting Landscape In Corporate Management Or A Futile Assertion Of Large Shareholders' Rights, Stacey Dahl Jan 2008

North Dakota's Novel Approach To Corporate Governance: A Shifting Landscape In Corporate Management Or A Futile Assertion Of Large Shareholders' Rights, Stacey Dahl

North Dakota Law Review

No abstract provided.


Part I - Early Education And His "One-Year" Assignment To The Attorney General's Office, Lynn M. Boughey, Michael Wagner Jan 2008

Part I - Early Education And His "One-Year" Assignment To The Attorney General's Office, Lynn M. Boughey, Michael Wagner

North Dakota Law Review

No abstract provided.


Part Ii - Attorney General's Office To Becoming Justice Vandewalle, Lynn M. Boughey, Michael Wagner Jan 2008

Part Ii - Attorney General's Office To Becoming Justice Vandewalle, Lynn M. Boughey, Michael Wagner

North Dakota Law Review

No abstract provided.


Chief Justice Vandewalle Celebration Cle And Dinner, Linda L. Gingery Jan 2008

Chief Justice Vandewalle Celebration Cle And Dinner, Linda L. Gingery

North Dakota Law Review

No abstract provided.


Chief Justice Gerald W. Vandewalle: Stories Of A Man Who Has Touched Many, Michael L. Wagner Jan 2008

Chief Justice Gerald W. Vandewalle: Stories Of A Man Who Has Touched Many, Michael L. Wagner

North Dakota Law Review

No abstract provided.


Editor's Note, North Dakota Law Review Jan 2008

Editor's Note, North Dakota Law Review

North Dakota Law Review

No abstract provided.


The Best Interests Of The Child And The Rights Of The Parent: Damron V. Damron And The Future Of Parenting And Child Custody In North Dakota, Rachel Sinness Jan 2008

The Best Interests Of The Child And The Rights Of The Parent: Damron V. Damron And The Future Of Parenting And Child Custody In North Dakota, Rachel Sinness

North Dakota Law Review

No abstract provided.


Patients As Consumers: Courts, Contracts, And The New Medical Marketplace, Mark A. Hall, Carl E. Schneider Jan 2008

Patients As Consumers: Courts, Contracts, And The New Medical Marketplace, Mark A. Hall, Carl E. Schneider

Michigan Law Review

The persistent riddle of health-care policy is how to control the costs while improving the quality of care. The riddle's oncepromising answer-managed care-has been politically ravaged, and consumerist solutions are now winning favor This Article examines the legal condition of the patient-as-consumer in today's health-care market. It finds that insurers bargain with some success for rates for the people they insure. The uninsured, however, must contract to pay whatever a provider charges and then are regularly charged prices that are several times insurers'pricesa nd providers' actual costs. Perhaps because they do not understand the healthcare market, courts generally enforce these …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang Jan 2008

China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang

Michigan Law Review

These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …


The Debt Dilemma, Katherine Porter Jan 2008

The Debt Dilemma, Katherine Porter

Michigan Law Review

Part I describes the nature of credit card spending and explores the usefulness of Mann's comparative approach to studying credit cards. Part II evaluates Mann's findings on the overall relationships between individual credit card transactions and aggregate levels of spending, borrowing, and bankruptcy. It also briefly analyzes the relationship between his findings and policy recommendations. Part III explores data on families who refrain from credit card use and struggle with serious financial distress. Part IV revisits Mann's policy recommendations in light of this new data. I conclude that implementing credit card reform would offer families only partial, albeit valuable, protection …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


On Communication, John Greenman Jan 2008

On Communication, John Greenman

Michigan Law Review

Everybody knows that communication is important, but nobody knows how to define it. The best scholars refer to it. Free-speech law protects it. But no one-no scholar or judge-has successfully captured it. Few have even tried. This is the first article to define communication under the law. In it, I explain why some activities-music, abstract painting, and parading-are considered communicative under the First Amendment, while others-sex, drugs, and subliminal advertising-are not. I argue that the existing theories of communication, which hold that communicative behaviors are expressive or convey ideas, fail to explain what is going on in free-speech cases. Instead, …


Hacking Into International Humanitarian Law: The Principles Of Distinction And Neutrality In The Age Of Cyber Warfare, Jeffrey T.G. Kelsey Jan 2008

Hacking Into International Humanitarian Law: The Principles Of Distinction And Neutrality In The Age Of Cyber Warfare, Jeffrey T.G. Kelsey

Michigan Law Review

Cyber warfare is an emerging form of warfare not explicitly addressed by existing international law. While most agree that legal restrictions should apply to cyber warfare, the international community has yet to reach consensus on how international humanitarian law ("IHL") applies to this new form of conflict. After providing an overview of the global Internet structure and outlining several cyber warfare scenarios, this Note argues that violations of the traditional principles of distinction and neutrality are more likely to occur in cyber warfare than in conventional warfare. States have strong incentives to engage in prohibited cyber attacks, despite the risk …


Front Matter Jan 2008

Front Matter

Michigan Law Review

No abstract provided.


Scrutiny Land, Randy E. Barnett Jan 2008

Scrutiny Land, Randy E. Barnett

Michigan Law Review

Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the burden to those challenging a law to show that a restriction of liberty is irrational, the Warren Court made the presumption of constitutionality effectively irrebuttable. After this, only one road to Scrutiny Land remained: showing that the liberty being restricted was a fundamental right. The Glucksberg Two-Step, however, limited the doctrine of fundamental rights to those (1) narrowly defined …