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2009

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Articles 9241 - 9270 of 11223

Full-Text Articles in Law

Omg ! Missing The Teachable Moment And Undermining The Future Of The First Amendment - Tisnf!, Mary Sue Backus Jan 2009

Omg ! Missing The Teachable Moment And Undermining The Future Of The First Amendment - Tisnf!, Mary Sue Backus

Case Western Reserve Law Review

No abstract provided.


A Redeemable Loss: Lying, Lower Courts And American Indian Free Exercise On Public Lands, Peter Zwick Jan 2009

A Redeemable Loss: Lying, Lower Courts And American Indian Free Exercise On Public Lands, Peter Zwick

Case Western Reserve Law Review

No abstract provided.


Volume 1 Issue 1 (2009) Jan 2009

Volume 1 Issue 1 (2009)

Journal of Law, Technology, & the Internet

No abstract provided.


Paid Tax Preparers, Used Car Dealers, Refund Anticipation Loans, And The Earned Income Tax Credit: The Need To Regulate Tax Return Preparers And Provide More Free Alternatives, Danshera Cords Jan 2009

Paid Tax Preparers, Used Car Dealers, Refund Anticipation Loans, And The Earned Income Tax Credit: The Need To Regulate Tax Return Preparers And Provide More Free Alternatives, Danshera Cords

Case Western Reserve Law Review

No abstract provided.


Beyond Balls And Strikes: Towards A Problem-Solving Ethic In Foreclosure Proceedings, Raymond H. Brescia Jan 2009

Beyond Balls And Strikes: Towards A Problem-Solving Ethic In Foreclosure Proceedings, Raymond H. Brescia

Case Western Reserve Law Review

No abstract provided.


Deeply Persistently Conflicted: Credit Rating Agencies In The Current Regulatory Environment, Timothy E. Lynch Jan 2009

Deeply Persistently Conflicted: Credit Rating Agencies In The Current Regulatory Environment, Timothy E. Lynch

Case Western Reserve Law Review

No abstract provided.


The Regulation Of Common Interest Developments As It Relates To Political Expression: The Argument For Liberty And Economic Efficiency, S. Colin G. Petry Jan 2009

The Regulation Of Common Interest Developments As It Relates To Political Expression: The Argument For Liberty And Economic Efficiency, S. Colin G. Petry

Case Western Reserve Law Review

No abstract provided.


Testers Standing Up For The Title Iii Of The Ada, Kelly Johnson Jan 2009

Testers Standing Up For The Title Iii Of The Ada, Kelly Johnson

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 59 Issue 3 (2009) Jan 2009

Masthead, Volume 59 Issue 3 (2009)

Case Western Reserve Law Review

No abstract provided.


How Judges Think, Paul Brickner Jan 2009

How Judges Think, Paul Brickner

Case Western Reserve Law Review

No abstract provided.


Introduction: Access To The Courts In The Roberts Era, Jonathan L. Entin Jan 2009

Introduction: Access To The Courts In The Roberts Era, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


The Status Of Graduate Students And That Of Medical Residents Under The National Labor Relation Act As A Starting Point For Crafting A Statutory Definition Of "Employee", Sara Witt Jan 2009

The Status Of Graduate Students And That Of Medical Residents Under The National Labor Relation Act As A Starting Point For Crafting A Statutory Definition Of "Employee", Sara Witt

Case Western Reserve Law Review

No abstract provided.


Volume 60 Issue 1 (2009), Case Western Reserve Law Review Jan 2009

Volume 60 Issue 1 (2009), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig Jan 2009

A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.


Symposium--Experiential Education In China: Curricular Reform, The Role Of The Lawyer And The Rule Of Law: Introduction, Brian K. Landsberg Jan 2009

Symposium--Experiential Education In China: Curricular Reform, The Role Of The Lawyer And The Rule Of Law: Introduction, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Reconstructing The Responsibility To Protect In The Wake Of Cyclones And Separatism, Jarrod Wong Jan 2009

Reconstructing The Responsibility To Protect In The Wake Of Cyclones And Separatism, Jarrod Wong

McGeorge School of Law Scholarly Articles

This Article reconceptualizes the doctrine of the responsibility to protect (R2P). R2P provides that when a government fails to protect its citizens from genocide, war crimes, ethnic cleansing or crimes against humanity (“mass atrocities”), that responsibility shifts to the international community acting through the United Nations.

The U.N.'s apparent failure to include natural disasters in the catalogue of harms potentially justifying R2P intervention generated considerable controversy following Myanmar's refusal of foreign aid following the devastation wrought by Cyclone Nargis. Those seeking to limit the scope of R2P considered it inapplicable in the case of Myanmar, reading the U.N.'s focus on …


The International Law Commission Adopts Draft Articles On Transboundary Aquifers, Stephen C. Mccaffrey Jan 2009

The International Law Commission Adopts Draft Articles On Transboundary Aquifers, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Jarrod Wong, Miriam A. Cherry Jan 2009

Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Jarrod Wong, Miriam A. Cherry

McGeorge School of Law Scholarly Articles

No abstract provided.


Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii Jan 2009

Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as ‘‘given’’ even though it is dynamic and constantly under construction. Most lawyers do not make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because …


Strategies To Increase The Availability Of Skills Education In China, Brian K. Landsberg Jan 2009

Strategies To Increase The Availability Of Skills Education In China, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Fifty Years Of The European Court Of Human Rights Viewed By Its Fellow International Courts, Paolo G. Carozza Jan 2009

Fifty Years Of The European Court Of Human Rights Viewed By Its Fellow International Courts, Paolo G. Carozza

Book Chapters

Remarks by Paolo Carozza, President of the Inter-American Commission on Human Rights Strasbourg, January 30, 2009


The Case For The Tax Collector, Marie T. Reilly Jan 2009

The Case For The Tax Collector, Marie T. Reilly

Faculty Scholarship

This article considers the question: Is a transfer of property via a noncollusive, properly conducted property tax foreclosure process entitled to respect in bankruptcy against the trustee's fraudulent transfer avoiding power? It answers this question in the affirmative. Part II examines the Court's opinion in BFP v. Resolution Trust Corp. and how courts have applied it in fraudulent transfer challenges to tax foreclosure transfers. Most courts have read BFP as requiring a comparison between the conditions under which the tax foreclosure at issue occurs and mortgage foreclosure. If the tax foreclosure process does not require public sale with competitive bidding, …


Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire Jan 2009

Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire

Michigan Journal of Race and Law

Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …


Eatin' Good? Not In This Neighborhood: A Legal Analysis Of Disparities In Food Availability And Quality At Chain Supermarkets In Poverty-Stricken Areas, Nareissa Smith Jan 2009

Eatin' Good? Not In This Neighborhood: A Legal Analysis Of Disparities In Food Availability And Quality At Chain Supermarkets In Poverty-Stricken Areas, Nareissa Smith

Michigan Journal of Race and Law

Many Americans-especially the poor-face severe hurdles in their attempts to secure the most basic of human needs-food. One reason for this struggle is the tendency of chain supermarkets to provide a limited selection of goods and a lower quality of goods to patrons in less affluent neighborhoods. Healthier items such as soy milks, fresh fish, and lean meats are not present in these stores, and the produce that is present is typically well past the peak of freshness. Yet, if the same patron were to go to another supermarket owned by the same chain--but located in a wealthier neighborhood-she would …


Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price Jan 2009

Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price

Michigan Journal of Race and Law

Research shows the mere presence of Blacks on capital juries-- on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully …


Private School Tuition At The Public's Expense: A Disabled Student's Right To A Free Appropriate Public Education , Michael J. Tentido Jan 2009

Private School Tuition At The Public's Expense: A Disabled Student's Right To A Free Appropriate Public Education , Michael J. Tentido

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak Jan 2009

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld Jan 2009

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Joint And Shared Parenting: Valuing All Families And All Children In The Adoption Process With An Expanded Notion Of Family , Cynthia R. Mabry Jan 2009

Joint And Shared Parenting: Valuing All Families And All Children In The Adoption Process With An Expanded Notion Of Family , Cynthia R. Mabry

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: What The Ada Amendments And Higher Education Acts Mean For Law Schools, American University Washington College Of Law Jan 2009

Transcript: What The Ada Amendments And Higher Education Acts Mean For Law Schools, American University Washington College Of Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.