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Articles 301 - 330 of 11207
Full-Text Articles in Law
Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii
Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii
North Carolina Law Review
No abstract provided.
Dusting Off The Ak-47: An Examination Of Nfl Players' Most Powerful Weapon In An Antitrust Lawsuit Against The Nfl, Sean W. L. Alford
Dusting Off The Ak-47: An Examination Of Nfl Players' Most Powerful Weapon In An Antitrust Lawsuit Against The Nfl, Sean W. L. Alford
North Carolina Law Review
No abstract provided.
To Form A More Perfect Union: Taxation, Economic Efficiency, And The Dormant Commerce Clause In Department Of Revenue V. Davis, Casey J. Jennings
To Form A More Perfect Union: Taxation, Economic Efficiency, And The Dormant Commerce Clause In Department Of Revenue V. Davis, Casey J. Jennings
North Carolina Law Review
No abstract provided.
Damages Under The Privacy Act: Is Emotional Harm Actual, Nicole M. Quallen
Damages Under The Privacy Act: Is Emotional Harm Actual, Nicole M. Quallen
North Carolina Law Review
No abstract provided.
Volume 86 Errata, North Carolina Law Review
Volume 86 Errata, North Carolina Law Review
North Carolina Law Review
No abstract provided.
United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr
United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr
Journal of Food Law & Policy
The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …
Sexual Orientation And Outcomes In College, Christopher (Kitt) Carpenter
Sexual Orientation And Outcomes In College, Christopher (Kitt) Carpenter
Vanderbilt Law School Faculty Publications
It has been well documented that sexual minority individuals are significantly more likely to be college educated than heterosexual individuals [Black, D., Gates, G., Sanders, S., & Taylor, L. (2000). Demographics of the gay and lesbian population in the United States: Evidence from available systematic data sources. Demography, 37(2), 139–154; and others]. Yet there is very little scholarship on the experiences of sexual minorities in college. We discuss several ways that sexual orientation could matter for college outcomes, and we provide the first empirical evidence on this question by using confidential data on over 40,000 students from …
A Practical Solution To The Reference Class Problem, Edward K. Cheng
A Practical Solution To The Reference Class Problem, Edward K. Cheng
Vanderbilt Law School Faculty Publications
The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its core, it observes that statistical inferences depend critically on how people, events, or things are classified. As there is (purportedly) no principle for privileging certain categories over others, statistics become manipulable, undermining the very objectivity and certainty that make statistical evidence valuable and attractive to legal actors. In this paper, I propose a practical solution to the reference class problem by drawing on model selection …
The Political Economy Of Energy And Its Implications For Climate Change Legislation, Jim A. Rossi
The Political Economy Of Energy And Its Implications For Climate Change Legislation, Jim A. Rossi
Vanderbilt Law School Faculty Publications
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This Article surveys how public choice themes are relevant to understanding a host of issues of importance to the electric power industry today, including the structure of the industry, the significance of wholesale markets, and the division of regulatory power between state and federal authorities. The Article highlights how an understanding of how public choice has contributed to these features of the electric power industry will prove important to the …
Does Competition Matter? An Attempt Of Analytical ‘Unbundling’ Of Competition From Consumer Welfare: A Response To Miąsik, Oles Andriychuk
Does Competition Matter? An Attempt Of Analytical ‘Unbundling’ Of Competition From Consumer Welfare: A Response To Miąsik, Oles Andriychuk
Yearbook of Antitrust and Regulatory Studies
This paper is an attempt to evaluate the conceptual relationship between two central elements of the theory of antitrust: competition and consumer welfare. These two notions are analysed in their mutual dependency. In terms of methodology, the paper proposes to structurally separate competition from consumer welfare. This technique is successfully applied in the domain of legal philosophy when the correlation between law and morality is debated. The main purpose of this paper is to show that both competition and consumer welfare are economic values of fundamental importance with no ex ante hierarchical dominance of consumer welfare over competition. In case …
Legislative Developments In The Telecoms Sector In 2008, Kamil Kosmala
Legislative Developments In The Telecoms Sector In 2008, Kamil Kosmala
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Legislative Developments In The Postal Sector In 2008, Roman Illinicz
Legislative Developments In The Postal Sector In 2008, Roman Illinicz
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Legislative Developments In The Energy Industry In 2008, Filip Elżanowski
Legislative Developments In The Energy Industry In 2008, Filip Elżanowski
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Legislative Developments In Rail Transport In 2008, Katarzyna Zawisza
Legislative Developments In Rail Transport In 2008, Katarzyna Zawisza
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Legislative Developments In The Aviation Sector In 2008, Filip Czernicki
Legislative Developments In The Aviation Sector In 2008, Filip Czernicki
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Stopping The Creeping Telecoms Regulation. Case Comment To The Judgment Of The European Court Of Justice Of 13 November 2008 – European Commission V Republic Of Poland (Case C-227/07), Stanisław Piątek
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Gratuitous Transfer Of Ownership Of Energy Transmission Infrastructure As An Abuse Of A Dominant Position. Case Comment To The Judgement Of The Supreme Court Of 16 October 2008 – Kolej Gondolowa (Ref. No. Iii Sk 2/08), Antoni Bolecki
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
William & Mary Law Review
Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …
Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett
Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett
BYU Law Review
No abstract provided.
Suboptimal Executive Privilege, Stephen C. N. Lilley
Suboptimal Executive Privilege, Stephen C. N. Lilley
BYU Law Review
No abstract provided.
Diversity V. Colorblindness, Patrick S. Shin
Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern
BYU Law Review
No abstract provided.
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
BYU Law Review
No abstract provided.
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
BYU Law Review
No abstract provided.
Beautifying The Ugly Step-Sister: Desiging An Effective Cap-And-Trade Program To Reduce Greenhouse Gas Emissions, Miles Young
Beautifying The Ugly Step-Sister: Desiging An Effective Cap-And-Trade Program To Reduce Greenhouse Gas Emissions, Miles Young
BYU Law Review
No abstract provided.
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Michigan Law Review
Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restriction of harmful conduct. Against this widely held conviction, this Article shows that undesirable risks often stem from insufficient, rather than excessive, activity. Because negligence requires investments in only cost-justified care, parties might deliberately limit their activity so that the size of the ensuing risk would be lower than the cost of welfare-enhancing precautions. Parties' incentives to strategically restrict their activity levels have striking implications for the inducement of efficient harm prevention. The overlooked paradigm of insufficient activity calls for the imposition of a new form of …
Shareholder Compensation As Dividend, James J. Park
Shareholder Compensation As Dividend, James J. Park
Michigan Law Review
This Article questions the prevailing view that securities-fraud actions suffer from a circularity problem. Because shareholder plaintiffs are owners of the defendant corporation, it is commonly argued that shareholder compensation is a payment from shareholders to themselves with substantial transaction costs in the form of attorney fees. But shareholder compensation is no more circular than a dividend, which is a cash payment to shareholders from the company they own with substantial transaction costs in the form of taxes. In fact, shareholder compensation is less circular than a dividend because it is a transfer to shareholders who purchased stock when the …
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Michigan Law Review
The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women's home addresses alongside suggestions that they are interested in anonymous sex, and technological attacks that shut down blogs and websites. It impedes women's full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women's experiences, deeming the harassment harmless teasing that women should expect, and tolerate, given the internet's Wild …
Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law
Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law
Monthly Report
No abstract provided.