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Articles 241 - 270 of 11211
Full-Text Articles in Law
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Buffalo Law Review
No abstract provided.
No.13 - December 2009, Center Of Civil Law Studies
No.13 - December 2009, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel
On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel
Journal Articles
Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Northern Illinois Law Review Supplement
This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered unenforceable. Recent trends in inequitable conduct, as it has been used by the Federal Circuit, have made this confusing area of law even more so. This comment identifies these confusions and the Federal Circuit's failure to maintain clear cut precedent. This Comment further discusses the impacts of these current trends, postulating that these trends go so far as to undercut the principal policy purposes behind patent …
A Local Government’S Right To Determine The Conditions Of Operating On The Market For Communal Waste Collection. Can Such Conditions Lead To An Anticompetitive Foreclosure Of That Market? Case Comment To The Judgement Of The Supreme Court Of 14 November 2008 – City Kalisz (Ref. No. Iii Sk 9/08), Konrad Kohutek
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor
Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor
Journal of Food Law & Policy
Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …
The Comparative Nature Of Punishment, Adam Kolber
The Comparative Nature Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
Canadian Food Law Update, Patricia L. Farnese
Canadian Food Law Update, Patricia L. Farnese
Journal of Food Law & Policy
Provided below is an overview of developments in Canadian food law and policy in 2009. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm. In 2009, regulatory and policy developments continue to be dominated by the 2008 Listeriosis outbreak in ready-to-eat, deli meats. Other noted activities include Canada's ongoing efforts to minimize the effects of infectious diseases related to meat production, Canada's request for a WTO panel to consider the effects of American Country of Origin Labelling, and an initiative …
Asylum And Female Genital Mutilation: Membership In A Particular Social Group Inadequately Protecting Persecuted Women., Stacey Kounelias
Asylum And Female Genital Mutilation: Membership In A Particular Social Group Inadequately Protecting Persecuted Women., Stacey Kounelias
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
The Scholar: St. Mary's Law Review on Race and Social Justice
On May 15, 2008, the California Supreme Court issued its historic decision regarding marriage rights for same-sex couples. In the course of its opinion, the court found that classifications based upon sexual orientation are subject to the protections of “strict scrutiny” for purposes of the state’s equal protection clause. The court also found that marriage is a fundamental right that extends to same-sex couples. On November 4, 2008, 52% of California voters voted for Proposition 8, which purported to “amend” the state constitution by adding fourteen words in a new clause following the equal protection clause: “only marriage between a …
Como Se Dice, Necesito A Un Interprete - The Civil Litigant's Right To A Court-Appointed Interpreter In Texas., Diana K. Chochrane
Como Se Dice, Necesito A Un Interprete - The Civil Litigant's Right To A Court-Appointed Interpreter In Texas., Diana K. Chochrane
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Free Exercise Of The Courtroom: Why Perpetrators Of Religiously Motivated Violence Can No Longer Hide Behind The First Amendment., Hayley Ellison
Free Exercise Of The Courtroom: Why Perpetrators Of Religiously Motivated Violence Can No Longer Hide Behind The First Amendment., Hayley Ellison
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Whores And Other Sex Slaves: Why The Equation Of Prostitution With Sex Trafficking In The William Wilberforce Reauthorization Act Of 2008 Promotes Gender Discrimination., Elizabeth Kaigh
The Scholar: St. Mary's Law Review on Race and Social Justice
Congress should vote to exclude the William Wilberforce Reauthorization Act from the Victims of Trafficking and Violence Protection Act (VTVPA). The William Wilberforce Reauthorization Act concerns prostitution, whereas the VTVPA concerns human trafficking. Lawmakers dealing with sex trafficking and prostitution in the United States wrongly combine them as one unified activity. A significant difference between sex trafficking and prostitution concerns the consent of the women having sex. Nevertheless, it is unfair for states to strengthen prostitution laws on a federal level, which is what the William Wilberforce Reauthorization Act would do. The Act would effectively turn prostitution into a federal …
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob Gersen
Public Law and Legal Theory Working Papers
Anecdotal evidence of agencies burying bad news is rife in law and politics. The bureaucracy regularly is accused of announcing controversial policies on holidays and weekends when public attention is elsewhere. We show that this conventional wisdom is wrong, or at least significantly incomplete. The conventional wisdom is riddled with theoretical holes, and there is little systematic empirical evidence to support it. After critiquing the conventional account of agencies hiding bad news, we articulate and defend a revised theory of strategic timing in administrative law. We argue that timing decisions rarely affect the visibility of decisions but can drive up …
Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons
Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons
University of Michigan Journal of Law Reform
The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control eminent domain abuse. But as a policy matter, it is impossible to determine what limits should be placed upon local government without understanding how cities grow and develop, and how local governments make decisions to shape the communities over which they preside. This Article examines takings through two very different models of urban political economy: public choice theory and the quasi-Marxist Urban Growth Machine model. These models approach takings from diametrically opposite perspectives, and offer differing perspectives at the margin regarding proper and improper condemnations. …
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
University of Michigan Journal of Law Reform
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 …
Table Of Contents, Volume 8, Number 1, 2009, Editorial Board
Table Of Contents, Volume 8, Number 1, 2009, Editorial Board
The University of New Hampshire Law Review
Table of Contents for Volume Eight, Issue Number One.
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
College of Law Faculty
Must a federal court obtain the power to bind a party before her citizenship becomes relevant to diversity jurisdiction under Article III? For a long time conventional wisdom has assumed the answer is "no": Article III allows Congress to authorize diversity jurisdiction based on the citizenship of persons beyond a court's power to bind at the time jurisdiction is tested. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally …
"Once Victim, Always Victim": Compensated Individuals Under The Amended Sentencing Guidelines On Fraud, Jacqueline Harrington
"Once Victim, Always Victim": Compensated Individuals Under The Amended Sentencing Guidelines On Fraud, Jacqueline Harrington
Michigan Law Review
Until recently, courts disagreed over whether individuals who were compensated by a third party such as a bank or insurance company ought to count as victims for purposes of the multiple-victim sentencing enhancement in the Federal Sentencing Guidelines on Fraud. The most recent Amendments to the Guidelines resolve this split, permitting compensated individuals to be counted as victims where their identity was used in the commission of the fraud. However, the new Guidelines do not resolve a separate split, likely to become more divisive under the new Guidelines, over whether both compensated individuals and their compensators can simultaneously be treated …
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Impermissible Ratemaking In Health-Insurance Reform: Why The Reid Bill Is Unconstitutional, Richard A. Epstein
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
Faculty Scholarship
Under the reserved water rights doctrine, lands the federal government has designated for a particular purpose have rights to sufficient water to fulfill that purpose. Reserved water rights are also known as Winters rights after the doctrine's foundational case, in which the United States Supreme Court held that Congress must have intended to reserve sufficient water to irrigate an Indian reservation although the treaty establishing that reservation said nothing about water.
Journal Of Food Law & Policy - Fall 2009, Journal Editors
Journal Of Food Law & Policy - Fall 2009, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Contents, Journal Editors
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser
A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser
Journal of Food Law & Policy
America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.
Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey
Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey
Journal of Food Law & Policy
Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.
Cybersieves, Derek E. Bambauer
Cybersieves, Derek E. Bambauer
Duke Law Journal
This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship …
Table Of Contents
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
The Trial Of Rube Waddell, Roger I. Abrams, Alan Levy
The Trial Of Rube Waddell, Roger I. Abrams, Alan Levy
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.