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2009

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Articles 271 - 300 of 11211

Full-Text Articles in Law

What's Wrong With The Commissioner? Some Lessons From Downunder, Ian Dobinson, David Thorpe Dec 2009

What's Wrong With The Commissioner? Some Lessons From Downunder, Ian Dobinson, David Thorpe

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Tortured Souls: Unhappy Lawyers Viewed Through The Medium Of Film, Lance Mcmillian Dec 2009

Tortured Souls: Unhappy Lawyers Viewed Through The Medium Of Film, Lance Mcmillian

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Title Ix: An Opportunity To Level The Olympic Playing Field, Susannah Carr Dec 2009

Title Ix: An Opportunity To Level The Olympic Playing Field, Susannah Carr

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Buccaneers And Bucks From The Internet: Pirate Bay And The Entertainment Industry, Tara Touloumis Dec 2009

Buccaneers And Bucks From The Internet: Pirate Bay And The Entertainment Industry, Tara Touloumis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Editorial Board - Vol. 19, No. 1 2009 Dec 2009

Editorial Board - Vol. 19, No. 1 2009

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Modern Difficulties In Resolving Old Problems: Does The Actual Malice Standard Apply To Celebrity Gossip Blogs?, Victoria Cioppettini Dec 2009

Modern Difficulties In Resolving Old Problems: Does The Actual Malice Standard Apply To Celebrity Gossip Blogs?, Victoria Cioppettini

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Could The New Women's Professional Soccer League Survive In America? How Adopting A Traditional Legal Structure May Save More Than Just A Game, Marc Edelman, Elizabeth Masterson Dec 2009

Could The New Women's Professional Soccer League Survive In America? How Adopting A Traditional Legal Structure May Save More Than Just A Game, Marc Edelman, Elizabeth Masterson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Table Of Contents Dec 2009

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Morals? Who Cares About Morals? Examination Of Morals Clauses In Talent Contracts And What Talent Needs To Know, Fernando M. Pinguelo, Timothy D. Cedrone Dec 2009

Morals? Who Cares About Morals? Examination Of Morals Clauses In Talent Contracts And What Talent Needs To Know, Fernando M. Pinguelo, Timothy D. Cedrone

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


"To Catch A Predator" Gets Caught: Are Nbc's Television Journalists Sacrificing Media Ethics And Legal Procedures For A Chance In The Spotlight?, Amy Rokuson Dec 2009

"To Catch A Predator" Gets Caught: Are Nbc's Television Journalists Sacrificing Media Ethics And Legal Procedures For A Chance In The Spotlight?, Amy Rokuson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar Dec 2009

The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar

William & Mary Law Review

This Article explores an underappreciated legacy of the Supreme Court’s (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court’s opinion—which declares that the “spirit” of a statute should trump its “letter”—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion’s lengthy second half. In that second half, the Court tells a detailed narrative about the country’s …


Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin Dec 2009

Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin

William & Mary Law Review

No abstract provided.


Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson Dec 2009

Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson

William & Mary Law Review

No abstract provided.


Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme Dec 2009

Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme

William & Mary Law Review

Unlike other forms of intellectual property, patents are universally justified on utilitarian grounds alone. Valuable inventions and discoveries, bearing the characteristics of public goods, are easily appropriated by third parties. Because much technological innovation occurs pursuant to significant expenditures—both in terms of upfront research and subsequent commercialization costs—inventors must be permitted to extract at least part of the social gain associated with their technological contributions. Absent some form of proprietary control or alternative reward system, economics predicts that suboptimal capital will be devoted to the innovative process. This widely accepted principle comes with an important corollary: namely, that canons of …


A New Look At The Original Meaning Of The Diversity Clause, Mark Moller Dec 2009

A New Look At The Original Meaning Of The Diversity Clause, Mark Moller

William & Mary Law Review

Must a federal court have obtained the power to bind a party before her citizenship becomes relevant to diversity jurisdiction? For a long time conventional wisdom has assumed the answer is “no”: Congress can authorize diversity jurisdiction based on the citizenship of persons who, although currently beyond the court’s power to bind, might later join the suit. 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 believed beyond a …


The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …


John Jay, Discrimination, And Tenure., Guillermo S. Dekat Dec 2009

John Jay, Discrimination, And Tenure., Guillermo S. Dekat

The Scholar: St. Mary's Law Review on Race and Social Justice

American courts should cease allowing the academic deference doctrine to interfere with tenure decision cases and treat tenure decisions the same way they treat any other employment discrimination case. Unlike recent court precedent that holds that summary judgement and judgement as a matter of law should not be granted when the employer’s defenses are vague and subjective, or when they heavily rely on testimony of interested parties, this principle has yet to be applied to a plaintiff in a tenure case. The Court of Appeals for the Second Circuit provided five reasons for distinguishing between tenure decisions and regular employment …


Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut Dec 2009

Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt Dec 2009

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …


Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns Dec 2009

Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns

Alaska Law Review

No abstract provided.


Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery Dec 2009

Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery

Alaska Law Review

No abstract provided.


Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr Dec 2009

Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr

Alaska Law Review

No abstract provided.


Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston Dec 2009

Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston

Alaska Law Review

No abstract provided.


Note From The Editor, Angelo Suozzi Dec 2009

Note From The Editor, Angelo Suozzi

Alaska Law Review

No abstract provided.


Journal Staff Dec 2009

Journal Staff

Alaska Law Review

No abstract provided.


An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein Dec 2009

An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein

Faculty Scholarship

No abstract provided.


The New Concept Of Loyalty In Corporate Law, Andrew S. Gold Dec 2009

The New Concept Of Loyalty In Corporate Law, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova Dec 2009

Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova

Australian Information Security Management Conference

The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in safeguarding account …


The Truth About Physician Participation In Lethal Injection Executions, Ty Alper Dec 2009

The Truth About Physician Participation In Lethal Injection Executions, Ty Alper

North Carolina Law Review

No abstract provided.


Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii Dec 2009

Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii

North Carolina Law Review

No abstract provided.