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2009

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Articles 9421 - 9450 of 11223

Full-Text Articles in Law

Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer Jan 2009

Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer

Journal of Law and Health

Presented herein is an analysis of the equity of epilepsy-related driving restrictions and the role that the state of Ohio may assume in the restructuring of such laws. Part two of this paper discusses the medical aspects of seizures and epilepsy, including basic etiology, treatments, and prognoses. Part three of this paper examines the different types of disabilities and the stigma that impacts individuals with epilepsy. Part four reviews the history of licensing and the Ohio Revised Code provisions that govern driving, licensing, and restrictions imposed upon individuals who have experienced seizures. Part five examines the Ohio case law that …

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Reverse Pre-Empting The Federal Arbitration Act: Alleviating The Arbitration Crisis In Nursing Homes, Jana Pavlic Jan 2009

Reverse Pre-Empting The Federal Arbitration Act: Alleviating The Arbitration Crisis In Nursing Homes, Jana Pavlic

Journal of Law and Health

In Casarotto, the Supreme Court enunciated that Montana's notice requirement conflicted with the "goals and policies of the FAA." The inequities associated with the process of pre-dispute arbitration agreements in nursing homes, however, confirm that the FAA's "goals and policies"' conflict with "accepted principles of contract law"' in this context. Long standing principles of contract law that predate the FAA, as well as basic human morality, should supersede the interests of efficiency and convenience purportedly served by the general enforceability of the statute. State case law as well as attempted state legislation already evince an underlying public policy to protect …

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The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini Jan 2009

The Deficit Reduction Act Of 2005 - Reducing The Number Of Recipients And Applicants Eligible To Receive Medicaid Benefits, Christal Contini

Journal of Law and Health

Medically impaired individuals such as George, as well as disaster victims, mentally handicapped persons, homeless persons, and foster children, will be adversely affected by the new citizenship documentation requirements imposed upon the states by the Act. States will also be adversely affected by the increased administrative costs of implementing the Act's requirements. This note asserts that aspects of the citizenship verification requirements treat citizen applicants worse than immigrant applicants, which violates the Due Process Clause of the Fifth Amendment. Amendments should be made to the United States Code and the Code of Federal Regulations to ease the burden on individuals …

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Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram Jan 2009

Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram

Publications

The past several years have witnessed a significant increase in the volume of state and local laws related to immigration, many of them attempting to increase law enforcement efforts, and deny residency, public benefits, and employment to undocumented immigrants. Ostensibly erected for resource-guarding reasons, these sub-national regulations act as legally constructed walls, closing off local communities to migrants. Proponents of such measures also contend that sub-national closure-especially in the shadow of lax national border control-is critical to cultural stability and preservation. This Article maintains that resource-guarding rationales are proxies for culture-based exclusion. As such, this Article argues that policymakers at …

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Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker Jan 2009

Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel Jan 2009

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Emerging As Heroes After The Devastation Of Natural Disaster: Can Women And Children Utilize Public Nuisance Claims To Catalyze Regulation Of Greenhouse Gas Emissions By U.S. Corporations?, Tressie K. Kamp Jan 2009

Emerging As Heroes After The Devastation Of Natural Disaster: Can Women And Children Utilize Public Nuisance Claims To Catalyze Regulation Of Greenhouse Gas Emissions By U.S. Corporations?, Tressie K. Kamp

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime Jan 2009

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

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Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz Jan 2009

Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure to provide adequate reparations to rape victims of the Rwandan genocide, drawing parallels with the Holocaust reparations movement. It argues that while international law has advanced in recognizing rape as a grave crime, the existing mechanisms, such as the International Criminal Tribunal for Rwanda (ICTR), have failed to deliver reparations. The International Criminal Court (ICC) is proposed as a potential solution, despite jurisdictional limitations, through cooperation with the ICTR to address the urgent needs of Rwandan rape victims.

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Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw Jan 2009

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw

Cardozo Journal of Equal Rights & Social Justice

The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.

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The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang Jan 2009

The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang

Cardozo Journal of Equal Rights & Social Justice

The note examines the resurgence of Confucianism in China's legal system, arguing that it undermines gender equality and fails to protect the rights of women and girls despite economic reforms. It highlights how traditional Confucian values, emphasizing morality and social hierarchy, have persisted and influenced laws, leading to the subjugation of women in both legal and societal contexts.

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Table Of Contents - Issue 1 Jan 2009

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

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The Impact Of Uniform Law On National Law: Limits And Possibilities, Joel H. Samuels, Jan Kleinheisterkamp Jan 2009

The Impact Of Uniform Law On National Law: Limits And Possibilities, Joel H. Samuels, Jan Kleinheisterkamp

Books and Book Chapters

No abstract provided.

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Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee Jan 2009

Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee

Articles

No abstract provided.

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Crowning The New King: The Statutory Arbitrator And The Demise Of Judicial Review, Michael H. Leroy Jan 2009

Crowning The New King: The Statutory Arbitrator And The Demise Of Judicial Review, Michael H. Leroy

Journal of Dispute Resolution

Judicial review of arbitration awards is highly deferential-but when does it become rubber stamping? Using original data, I find that federal courts vacated only 4.3 percent of 162 disputed arbitration awards. A sub-sample of forty-four employment discrimination arbitration awards under Title VII produced similar results. By comparison, federal Courts of Appeals in 2006 reversed 12.9 percent of 5,917 rulings made by civil court judges on the merits of legal claims.

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Confidential Arbitration Of Whistleblower Actions: A Loophole That Could Effectively Undo The Sarbanes-Oxley Act Of 2002, Nicholas E. Eckelkamp Jan 2009

Confidential Arbitration Of Whistleblower Actions: A Loophole That Could Effectively Undo The Sarbanes-Oxley Act Of 2002, Nicholas E. Eckelkamp

Journal of Dispute Resolution

Among Sarbanes-Oxley Act of 2002 's many requirements and protections are protections for whistleblowers, the Sherron Watkins' and Cynthia Coopers' of the world, who are the first to take risks to alert others of a potential fraud. These whistleblowers normally would be able to utilize the court system to vindicate their rights in the event of a retaliatory employment action. Recently, however, employers have begun using mandatory arbitration agreements to keep potentially embarrassing whistleblower actions out of the court system. Guyden v. Aetna, Inc. is a recent Second Circuit case that examined the enforceability of such agreements, ultimately holding that …

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The Power Of Collaboration: Worldcat's Copyright Evidence Registry, Roger V. Skalbeck Jan 2009

The Power Of Collaboration: Worldcat's Copyright Evidence Registry, Roger V. Skalbeck

Law Faculty Publications

One of the underlying obstacles to reproducing older books is that there's no central place to look for information about what is protected by copyright and what may have passed into the public domain. Responding to this need, OCLC recently introduced a new system for tracking various copyright details for published books. The new service, still in beta, is called the WorldCat Copyright Evidence Registry (CER). It could be a very valuable resource for recording and sharing copyright status information.

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A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass Jan 2009

A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger Jan 2009

Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild Jan 2009

Ruling With An Iron Fist: The Ttab's Strict Standard For Fraud For Trademark Registrants And Its Sanctions For Fraudulent Registrations, Meryl Rothchild

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers Jan 2009

Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms Jan 2009

Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms

Cardozo Journal of Conflict Resolution

The evolution of equity in tort has brought about the use of alternative methods of dispute resolution in reaching settlements in mass tort cases: "Indeed, equity is a progressive force in the law. When formal adjudication cannot provide a plain, adequate, and complete remedy, the system of ADR should be flexible enough to deliver individualized justice." It appears, however, that the use of ADR is not always a prudent exercise of the court's power, nor is it always conducive to individual justice. This Note examines the Gray case, in which the court appointed a special master, thereby assigning one man …

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Disciplining The Disciplinary Systems In Professional Sports: An Attempt To Fix The Arbitrary And Overreaching Disciplinary Powers Of Sports Commissioners, David Sirotkin Jan 2009

Disciplining The Disciplinary Systems In Professional Sports: An Attempt To Fix The Arbitrary And Overreaching Disciplinary Powers Of Sports Commissioners, David Sirotkin

Cardozo Journal of Conflict Resolution

This Note contends that commissioners' abilities to unilaterally discipline players must be checked for the protection of players, and that more grievance appeals should go to neutral arbitrators. Part I outlines the commissioners' powers in the four major American sports leagues as conferred upon them by their respective CBAs. Part II discusses the history of commissioners' power in sports to illustrate how their powers have evolved and expanded over time. Part III distinguishes the NFL Commissioner's power and disciplinary authority from that of the NBA, MLB, and NHL Commissioners, as it displays a particularly egregious example of a commissioner's unilateral …

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Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler Jan 2009

Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 26, Iss. 3 Jan 2009

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 26, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal Jan 2009

Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby Jan 2009

Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong Jan 2009

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 27 (2009-10) Jan 2009

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 27 (2009-10)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 27, Iss. 1 Jan 2009

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 27, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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