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Articles 31 - 60 of 13853
Full-Text Articles in Law
Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni
Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni
Nevada Supreme Court Summaries
An appeal from default judgment stemming from a property dispute ordered by the Family Court Division of the Eighth Judicial District Court
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Nevada Supreme Court Summaries
Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.
Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams
Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams
Nevada Supreme Court Summaries
In The Matter of the Parental Rights as to N.J.,
Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams
Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams
Nevada Supreme Court Summaries
Dec. 24, 2009
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk
Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk
Richard Faulk
Some people think that “Climategate” will ultimately undermine everything that the UN is attempting to resolve in Copenhagen, but that story is for a later column. The truth, however, is that the parties – all of whom profess agreement that man-made global warming is a reality – are doing a powerful job of self-destructing outside the scientific controversy. The divisive issue is, as expected, which nations will bear the costs necessary to deal with climate change, and how those costs will be apportioned. Judging from yesterday’s conflicts, it seems that even those who agree that the problem exists are in …
The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk
The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk
Richard Faulk
Despite the malaise that seemed to overlay the Copenhagen Climate Change Conference before opening day, the summit opened with a flourish of rhetoric and apparent optimism by a host of attendees. In a statement titled “Governments set to seal ambitious international climate change deal in Copenhagen,” UNFCCC Executive Secretary Yvo de Boer, the UN’s top climate change official, practically overflowed with enthusiasm, sounding supremely confident that an international climate change deal was within reach.
The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk
The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk
Richard Faulk
The war of words – and the fight over money – continued at the Copenhagen conference on Friday. Although some parties continue to posture and insist that the negotiations are between the “haves” – “developed” nations such as the United States and Japan – and the “have nots” – “developing” nations such as China and the “G77” group – those classifications are increasingly imperiled by harsh rhetoric and unrealistic expectations.
The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk
The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk
Richard Faulk
There’s no doubt, insofar as the UN is concerned, that the island nations are in desperate plight. In fact, the UN seized yesterday as an opportunity to unveil a barrage of new scientific information directly affecting the islanders’ interests. The day climaxed with an appearance by Al Gore himself, who relayed a disturbing forecast of vanished polar ice within five years. All of the disclosures were orchestrated masterfully, presumably in an attempt to create an irresistible cascade of information which, in turn, would motivate negotiators to reach a global agreement. Unfortunately, by the end of the day, all of this …
The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk
The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk
Richard Faulk
An old philosophical riddle asks "If a tree falls in a forest and no one is around to hear it, does it make a sound?" The “Climategate” tree has fallen, and there were plenty of people around, both in Copenhagen and Washington, to hear it. The question is, however, was anyone listening? For the sake of the Copenhagen conference, and our Republic, one hopes so.
Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk
Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk
Richard Faulk
As of Tuesday night, United Nations negotiators still disagreed on the financial aid that the US, Japan and other developed nations will give to the developing world to cope with climate change, Bloomberg reports, referring to a draft document. Many believe that the conference is seriously deadlocked. Well, maybe so, but alternatives still exist, and they have not, at least according to all reports, been fully considered.
Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk
Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk
Richard Faulk
The Copenhagen Climate Change Conference is over. For two weeks, the United Nations and its member nations waited expectantly for “change” – waited, cajoled, argued, accused, threatened, and ultimately, disappointed everyone involved as they struggled on the “World Stage” of Copenhagen’s Bella Center. Tens of thousands watched inside and outside the Center while the convocation became ever more divisive and quarrelsome as the “developing” nations of the world demanded that their “developed” counterparts “share” their wealth and technology to “save the planet.” From the beginning of the conference, few informed attendees realistically expected significant progress, largely because of the twin …
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Alan E Garfield
No abstract provided.
¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard
¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
The Objectives And Principles Of The Trips Agreement, Peter K. Yu
The Objectives And Principles Of The Trips Agreement, Peter K. Yu
Faculty Scholarship
The Agreement on Trade-Related Aspects of Intellectual Property Rights, which established the minimum standards for the protection and enforcement of intellectual property rights for WTO members, remains one of the more controversial international intellectual property agreements that have entered into force. Although that Agreement embraces a highly problematic super-size-fits-all approach, it includes a number of safeguards and flexibilities to facilitate economic development and to protect the public interest. Articles 7 and 8, in particular, lay out explicit and important objectives and principles that can play important roles in the interpretation and implementation of the Agreement.
Presented at the 2009 Santa …
Copyright For A Social Species, Robert E. Suggs
Copyright For A Social Species, Robert E. Suggs
Robert E. Suggs
Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …
Geneva Conventions Apply To Us Should Be Extended To Apply To Soldiers, Contractors And Civilians, James T. Struck
Geneva Conventions Apply To Us Should Be Extended To Apply To Soldiers, Contractors And Civilians, James T. Struck
James T Struck
Geneva Conventions Apply to us Should Be extended to apply to soldiers, contractors and civilians. Illinois courts do not understand that laws are being violated here with regard to civilians.
Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton
Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton
Matt Mitten
This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …
Exception From Informed Consent Requirements For Human Subjects In Emergency Medicine Research, Laura J. Sanger
Exception From Informed Consent Requirements For Human Subjects In Emergency Medicine Research, Laura J. Sanger
Laura J Sanger
Research involving emergency care can present special issues with regards to obtaining informed consent. An emergency research subject may be considered a candidate for an emergency research under circumstances in which traditional informed consent can not be obtained before the therapeutic window for the research closes. In these cases there may be an exception for emergency research enrollment that waives traditional informed consent for participation in research. As informed consent forms a foundation for medical research studies, this waiver is predicated on very specific criteria. This paper explores the historical background for informed consent, the criteria for obtaining the waiver …
Justifying The Exclusion Of Insurance, Jeffrey H. Kahn
Justifying The Exclusion Of Insurance, Jeffrey H. Kahn
Scholarly Publications
No abstract provided.
Hold The Phone: The Incongruity Of Prosecuting Sexting Teenagers Under The Prosecutorial Remedies And Other Tools To End Exploitation Of Children Act Of 2003, Julia Saladino
Julia Saladino
The sexting phenomenon has recently received attention nationwide. The growing and expanding capabilities of technology, along with the accessibility of camera phones have increased the likelihood that teenagers will engage in sexting and face potential federal and state child pornography charges.
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Uncertain Future Of Icsid In Latin America, Ignacio Antonio Vincentelli
The Uncertain Future Of Icsid In Latin America, Ignacio Antonio Vincentelli
Ignacio Antonio Vincentelli
The purpose of this article is to research the historical interaction of the International Centre for Settlement of Investment Disputes (ICSID) and Latin America, in an effort to suggest that the recent ICSID-unfriendly measures taken by some Latin American countries might not be an aberrational phenomenon in the region. If, moved by the engine of ideology, the rest of Latin America follows the example of Bolivia (the most radical of the ICSID-hostile countries) and denounces the Washington Convention, instead creating a new forum to resolve FDI disputes, at the regional level (as was recently proposed), the future of ICSID in …
A Picture Is Worth A Thousand Words: The Nexus Between Jurisprudence, Natural Law, And Genre Depictions Of Genocide, Renee A. Pistone
A Picture Is Worth A Thousand Words: The Nexus Between Jurisprudence, Natural Law, And Genre Depictions Of Genocide, Renee A. Pistone
Renee A Pistone
Connections between reading and seeing often do aid in such an exploration about how fiction and film memorialize the Holocaust. The Holocaust's truths and its memories are shown through documents, memoirs, and diaries. These forms of evidence depict how the Holocaust did not reflect distortions in human nature; rather, it was carried out by Nazis who portrayed what society was like under the Sovereign. The Nazis violated the social compact because life in concentration camps amounted to life, in what Hobbes called the state of nature. Now, the question is whether the Nazis were following legal positivism. We know that …
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Robert E. Suggs
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs
Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs
Robert E. Suggs
This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater …
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Robert E. Suggs
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Robert E. Suggs
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
A Dialogue In Search Of Meaning, Robert E. Suggs
A Dialogue In Search Of Meaning, Robert E. Suggs
Robert E. Suggs
No abstract provided.