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Articles 9151 - 9180 of 10761
Full-Text Articles in Law
The Future Of 9-1-1: New Technologies And The Need For Reform, Philip J. Weiser, Dale Hatfield, Brad Bernthal
The Future Of 9-1-1: New Technologies And The Need For Reform, Philip J. Weiser, Dale Hatfield, Brad Bernthal
Colorado Technology Law Journal
No abstract provided.
Federalism And The Telephone: The Case For Preemptive Federal Deregulation In The New World Of Intermodal Competition, Charles J. Cooper, Brian Stuart Koukoutchos
Federalism And The Telephone: The Case For Preemptive Federal Deregulation In The New World Of Intermodal Competition, Charles J. Cooper, Brian Stuart Koukoutchos
Colorado Technology Law Journal
No abstract provided.
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Rob Frieden
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Rob Frieden
Colorado Technology Law Journal
No abstract provided.
Patents And Antitrust: Application To Adjacent Markets, Nicholas Economides, William N. Hebert
Patents And Antitrust: Application To Adjacent Markets, Nicholas Economides, William N. Hebert
Colorado Technology Law Journal
No abstract provided.
The Real Id Act And Biometric Technology: A Nightmare For Citizens And The States That Have To Implement It, Patrick R. Thiessen
The Real Id Act And Biometric Technology: A Nightmare For Citizens And The States That Have To Implement It, Patrick R. Thiessen
Colorado Technology Law Journal
No abstract provided.
Federal Regulation And Competitive Access To Multiple-Unit Premises: More Choice In Communications Services?, Lynne Holt, Mark Jamison
Federal Regulation And Competitive Access To Multiple-Unit Premises: More Choice In Communications Services?, Lynne Holt, Mark Jamison
Colorado Technology Law Journal
No abstract provided.
A Global First Amendment?, Kaydee Smith
A Global First Amendment?, Kaydee Smith
Colorado Technology Law Journal
No abstract provided.
A Snapshot Of The Nlrb's Laboratory Conditions Doctrine: Erroneous Assumptions Of Coercion In Surveillance Cases, Desiree Leclercq
A Snapshot Of The Nlrb's Laboratory Conditions Doctrine: Erroneous Assumptions Of Coercion In Surveillance Cases, Desiree Leclercq
Scholarly Works
Surveillance of employees has a long history. Both employers and unions have photographed employees who are engaged in union activities for as long as electronics have permitted. Allegations of illegal "surveillance" during union recognitional campaigns have steadily increased over the years, as both parties to the elections -- unions and employers -- accuse one another of engaging in campaign conduct that has coerced the voting employees. Because election campaigns are highly emotional for the employees and the parties, the appeal of documenting campaign activities is understandable: both parties want to ensure the legality of their actions while, perhaps, documenting suspected …
Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos
Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos
Articles
The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …
Transcript, Originalism And Criminal Law And Procedure, 2005 National Lawyer's Convention
Transcript, Originalism And Criminal Law And Procedure, 2005 National Lawyer's Convention
Chapman Law Review
No abstract provided.
Transcript, The Framers’ Understanding Of Originalism And International Law, 2005 National Lawyer's Convention
Transcript, The Framers’ Understanding Of Originalism And International Law, 2005 National Lawyer's Convention
Chapman Law Review
No abstract provided.
Transcript, Judicial Independence, 2005 National Lawyer's Convention
Transcript, Judicial Independence, 2005 National Lawyer's Convention
Chapman Law Review
No abstract provided.
Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan
Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan
Articles, Book Chapters, & Popular Press
It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …
Relational Theory And Health Law And Policy, Jocelyn Downie, Jennifer Llewellyn
Relational Theory And Health Law And Policy, Jocelyn Downie, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through …
Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn
Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …
Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman
Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article explores the relationship between technological innovation and health inequity. It examines in particular the relationship between the vaccine against human papillomavirus (HPV) infection, the cause of cervical cancer, and inequity in cervical cancer incidence and mortality. In Canada, screening programs have drastically reduced the incidence of cervical cancer, but their benefits have been unequally distributed. Prevention efforts have disproportionately failed women of disadvantaged social groups. Technological innovation alone will not remedy this inequity. The HPV vaccine merely expands the available means for reducing or increasing health inequity depending on its implementation. For this reason, the article looks beyond …
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy - A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Globalization and the new information economy are putting great stress on western high-wage economies of which Canada is an exemplar. As individuals and together as a society, Canadians are being forced to become more flexible and strategic in adjusting to changing employment opportunities and economic challenges. Meanwhile, governments have shifted from being purveyors of welfare to being supervisors of both markets and decentralized/ privatized public services. Key roles for the government in this new political environment are the sponsorship of mechanisms for autonomous, individual human capital investment as well as for community responses to these emerging economic and social challenges. …
Air Cargo Fuel Surcharges And Tacit Collusion Under The Sherman Act: What Good Is Catching A Few Bad Guys If Consumers Still Get Robbed, Dustin Appel
Journal of Air Law and Commerce
No abstract provided.
Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag
Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag
Articles, Book Chapters, & Popular Press
The Workshop on High Seas Governance for the 21st Century was held in New York City on 17-19 October 2007. Over 50 leading experts in international marine policy, science, law and economics gathered to explore policy and regulatory options to improve oceans governance beyond areas of national jurisdiction (BANJ), particularly as they relate to the protection and preservation of the marine environment and marine biological diversity. Participants attended in their personal capacity and the Workshop was conducted under Chatham House Rules. Co-chairs of the Workshop were David Freestone, Kristina Gjerde, Rosemary Rayfuse and David VanderZwaag.
Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary
Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary
Fordham Law Review
Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate--one holding that the Amendment guarantees a right to individuals, the other that states possess the right--supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, …
Structural Dimensions Of Romantic Preferences, Russell K. Robinson
Structural Dimensions Of Romantic Preferences, Russell K. Robinson
Fordham Law Review
No abstract provided.
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
Fordham Law Review
No abstract provided.
Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters
Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters
Fordham Law Review
No abstract provided.
Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.
Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.
Fordham Law Review
In 1998, Congress granted a twenty-year deferment to expiring copyrights with the Copyright Term Extension Act (CTEA). Ten years later, debate over the Act's wisdom continues unabated. Major camps in the debate view the CTEA variously as a constitutional prerogative, an economic imperative, and a war on cultural freedom. This Note sidesteps this underlying debate, and, borrowing the property law concept of "givings," examines the result of charging for future copyright deferments. Under this analysis, a givings-based solution would force unproductive copyrights into the public domain faster and more effectively than current approaches, while protecting the most important assets of …
Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko
Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko
Fordham Law Review
DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.
Intentional Sex Torts, Deana Pollard Sacks
Intentional Sex Torts, Deana Pollard Sacks
Fordham Law Review
Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Fordham Law Review
This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.
Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan
Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan
Fordham Law Review
Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.
Business Profits (Article 7 Oecd Model Convention), Reuven S. Avi-Yonah, Kimberly A. Clausing
Business Profits (Article 7 Oecd Model Convention), Reuven S. Avi-Yonah, Kimberly A. Clausing
Book Chapters
The 2006 OECD Report on attribution of profits to permanent establishments states that its recommendation "was not constrained by either the original intent or by the historical practice and interpretation of Article 7." Moreover, the Report recommends a redrafting of both the Article itself and the Commentary. Given this, it seems appropriate to begin by asking: If we were working on a clean slate, what would be the best way to tax MNEs at source in the light of 21st century business practices? The beginning point has to be that a modern MNE does not operate as if its constituent …
Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth
Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth
Book Chapters
Unlike many of the topics covered in this book, death penalty litigation involves a wide variety of empirical issues. The Eighth Amendment of the U.S. Constitution provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." But what is a "cruel and unusual punishment?" It could be a punishment that is morally unacceptable to the American people, like cutting off noses or hands. Following the other clauses of the amendment, it could be a punishment that is excessive, in that a lesser penalty would achieve the same ends. For example, if a …