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2009

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Articles 10111 - 10140 of 11208

Full-Text Articles in Law

Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson Jan 2009

Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson

Articles

Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low.

Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost-recovery. In a number of jurisdictions, …


Worst Case And The Worst Example: An Agenda For Any Young Lawyer Who Wants To Save The World From Climate Chaos, William H. Rodgers, Jr., Anna T. Moritz Jan 2009

Worst Case And The Worst Example: An Agenda For Any Young Lawyer Who Wants To Save The World From Climate Chaos, William H. Rodgers, Jr., Anna T. Moritz

Articles

Wherever you turn with regard to climate change, you'll hear about the worst, and the worst of the worst, and the worst that will happen after that. Young lawyers should put themselves in the right frame of mind to tackle all these "worsts" that are headed our way.

In the interest of keeping it simple, we would suggest a personal strategy for every young lawyer that would entail: (I) Honoring Knowledge and Learning; (II) Protecting Your Institutions and Loving Your Country; (III) Planning and Conducting Your Personal War on Bad Law; and (IV) Rejecting Defeatism and Impossibility Theorems.

Let's consider …


Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka Jan 2009

Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka

Articles

This short Article will discuss Japan's national IP strategy and changes brought to the IP system, focusing on features that follow the U.S. IP system. Additionally, it will review these changes from the comparative law perspective and evaluate whether the new system has accomplished its national strategy mission.


Is The Use Of Patents Promoting The Creation Of New Types Of Securities, Stefania Fusco Jan 2009

Is The Use Of Patents Promoting The Creation Of New Types Of Securities, Stefania Fusco

Santa Clara High Technology Law Journal

No abstract provided.


Implied License: An Emerging New Standard In Copyright Law, Orit Afori Jan 2009

Implied License: An Emerging New Standard In Copyright Law, Orit Afori

Santa Clara High Technology Law Journal

No abstract provided.


Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William R. Hubbard Jan 2009

Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William R. Hubbard

Santa Clara High Technology Law Journal

No abstract provided.


Data Breaches: What The Underground World Of Carding Reveals, Kimberly Peretti Jan 2009

Data Breaches: What The Underground World Of Carding Reveals, Kimberly Peretti

Santa Clara High Technology Law Journal

No abstract provided.


Virtual Third Parties, Michael Risch Jan 2009

Virtual Third Parties, Michael Risch

Santa Clara High Technology Law Journal

No abstract provided.


Richmond Law Magazine: Winter 2009, University Of Richmond Jan 2009

Richmond Law Magazine: Winter 2009, University Of Richmond

Richmond Law Magazine

Right Place, Right Time: New downtown center expands Law School connections with the Richmond community

The Feedback Loop: The effect of human behavior on the law

Court Appeal: Alumni clerks gain experience in federal appellate courts

Reaching Out: Minority students enrich the school and profession


Leaving No Child Behind: A Civil Right , Mariana Kihuen Jan 2009

Leaving No Child Behind: A Civil Right , Mariana Kihuen

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander Jan 2009

Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.


It's Not Just Shopping Urban Lofts, And The Lesbian Gay-By Boom: How Sexual Orientation Demographics Can Inform Family Courts , Todd Brower Jan 2009

It's Not Just Shopping Urban Lofts, And The Lesbian Gay-By Boom: How Sexual Orientation Demographics Can Inform Family Courts , Todd Brower

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty Jan 2009

Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary Jan 2009

Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig Jan 2009

Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Hebrew Language Has Not Created A Title For Me: A Legal And Sociolinguistic Analysis Of New-Type Families, Michael Tamir, Dalia Cahana-Amitay Jan 2009

The Hebrew Language Has Not Created A Title For Me: A Legal And Sociolinguistic Analysis Of New-Type Families, Michael Tamir, Dalia Cahana-Amitay

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr. Jan 2009

Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Do You Want To Be An Attorney Or A Mother - Arguing For A Feminist Solution To The Problem Of Double Blinds In Employment And Family Responsibilities Discrimination , Heather Bennett Stanford Jan 2009

Do You Want To Be An Attorney Or A Mother - Arguing For A Feminist Solution To The Problem Of Double Blinds In Employment And Family Responsibilities Discrimination , Heather Bennett Stanford

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson Jan 2009

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Introduction , Amanda C. Dupree Jan 2009

Introduction , Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.


When Students Test Positive, Their Privacy Fails: The Unconstitutionality Of South Carolina's Hiv/Aids Reporting Requirements, Diane M. Degroat Jan 2009

When Students Test Positive, Their Privacy Fails: The Unconstitutionality Of South Carolina's Hiv/Aids Reporting Requirements, Diane M. Degroat

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Lost In Transition: The If/When/How Of Disclosing To An Employer, American University Washington College Of Law Office Of Student Affairs Jan 2009

Transcript: Lost In Transition: The If/When/How Of Disclosing To An Employer, American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Suffering In Silence: The Tension Between Self-Disclosure And A Law School's Obligation To Report, American University Washington College Of Law Office Of Student Affairs Jan 2009

Transcript: Suffering In Silence: The Tension Between Self-Disclosure And A Law School's Obligation To Report, American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Anticipating And Meeting Challenges In A Changing Landscape, American University Washington College Of Law Office Of Student Affairs Jan 2009

Transcript: Anticipating And Meeting Challenges In A Changing Landscape, American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Conceptualizing Aggression, Noah Weisbord Jan 2009

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.


So Now Who Is Special? Business Model Shifts Among Firms That Borrow To Lend, Jose M. Gabilondo Jan 2009

So Now Who Is Special? Business Model Shifts Among Firms That Borrow To Lend, Jose M. Gabilondo

Faculty Publications

No abstract provided.


Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo Jan 2009

Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo

Faculty Publications

No abstract provided.


When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo Jan 2009

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.


From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone Jan 2009

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Faculty Publications

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …


Ricci Glitch? The Unexpected Appearance Of Transferred Intent In Title Vii, Kerri Lynn Stone Jan 2009

Ricci Glitch? The Unexpected Appearance Of Transferred Intent In Title Vii, Kerri Lynn Stone

Faculty Publications

In the case of Ricci v. DeStefano, the Supreme Court officially opened the door to what this Article identifies as a theory of “transferred intent” jurisprudence under Title VII. The principle of transferred intent, borrowed from tort and criminal law, has never before been seen as factoring into Title VII antidiscrimination jurisprudence. In Ricci, the Supreme Court assumed that a city’s refusal to promote firefighters qualifying for promotion based on exams that appeared to disproportionately screen out members of minority groups amounted to deliberate discrimination, irrespective of their individual races or whether their individual races were actually taken into account. …