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Articles 1 - 18 of 18
Full-Text Articles in Law
Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock
Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande
When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande
Barry Law Review
No abstract provided.
Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu
Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu
Barry Law Review
Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …
Trial In Absentia: Rescuing The "Public Necessity" Requirement To Proceed With A Trial In The Defendant's Absence, Lucas Tassara
Trial In Absentia: Rescuing The "Public Necessity" Requirement To Proceed With A Trial In The Defendant's Absence, Lucas Tassara
Barry Law Review
No abstract provided.
Showcase Panel Ii: Judicial Tenure: Life Tenure Or Fixed Non-Renewable Terms?, Hon. J. Harvie Wilkinson Iii, Stephen B. Burbank, Hon. Charles J. Cooper, James Lindgren, David R. Stras
Showcase Panel Ii: Judicial Tenure: Life Tenure Or Fixed Non-Renewable Terms?, Hon. J. Harvie Wilkinson Iii, Stephen B. Burbank, Hon. Charles J. Cooper, James Lindgren, David R. Stras
Barry Law Review
No abstract provided.
Showing Loss In Securities Enforcement Actions, Pietro M. Devolpi, Jr.
Showing Loss In Securities Enforcement Actions, Pietro M. Devolpi, Jr.
Barry Law Review
No abstract provided.
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
Barry Law Review
This article discusses the battle in the courts as to whether highly compensated pharmaceutical sales representatives are entitled to overtime pay under the Fair Labor Standards Act, or whether they are excluded from such an entitlement under one or more of the Act’s “exemptions.” This article also conducts a review of the courts’ various conflicting positions and charts a course for addressing the issue before the Courts of Appeals and ultimately the Supreme Court.
Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith
Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith
Barry Law Review
This article begins with a presentation of the Giles case and provides an historical understanding of the confrontation right and forfeiture by wrongdoing under the Constitution, common law, and Federal Rules of Evidence. Through an examination of waiver requirements for other confrontation rights, the article demonstrates that the Court’s addition of an intent element has turned the forfeiture doctrine into a waiver of the confrontation right by misconduct.
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
Barry Law Review
This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
Barry Law Review
No abstract provided.
"Taxnapping": How Murphy V. Irs Used Direct Taxation To Steal The Tax Reform Debate, Jason A. Derr
"Taxnapping": How Murphy V. Irs Used Direct Taxation To Steal The Tax Reform Debate, Jason A. Derr
Barry Law Review
No abstract provided.
Punishing Depictions Of Animal Cruelty: Unconstitutional Or A Valid Restriction On Speech?, Kerry Adams
Punishing Depictions Of Animal Cruelty: Unconstitutional Or A Valid Restriction On Speech?, Kerry Adams
Barry Law Review
No abstract provided.
Children Under The Radar: The Unique Plight Of Special Immigrant Juveniles, My Xuan T. Mai
Children Under The Radar: The Unique Plight Of Special Immigrant Juveniles, My Xuan T. Mai
Barry Law Review
No abstract provided.
The Decline And Fall Of The American Judicial Opinion, Part I: Back To The Future From The Roberts Court To Learned Hand - Context And Congruence, Jeffrey A. Van Detta
The Decline And Fall Of The American Judicial Opinion, Part I: Back To The Future From The Roberts Court To Learned Hand - Context And Congruence, Jeffrey A. Van Detta
Barry Law Review
No abstract provided.
Parents Involved In Community School V. Seattle School District No. I.: An Endorsement Of De Facto Segregation?, Edward C. Combs, Jr.
Parents Involved In Community School V. Seattle School District No. I.: An Endorsement Of De Facto Segregation?, Edward C. Combs, Jr.
Barry Law Review
No abstract provided.
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen
The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Faculty Scholarship
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …