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Articles 1 - 30 of 42
Full-Text Articles in Law
Absolute Immunity: A License To Rape Justice At Will, Prentice L. White
Absolute Immunity: A License To Rape Justice At Will, Prentice L. White
Prentice L White
ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …
Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg
Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg
Faculty Publications
California criminal justice agencies need access to data in order to provide security, health care treatment, and appropriate programming, as well as to coordinate these activities with other agencies. By the same token, outside agencies—whether criminal, social service, or non-governmental—could often do their jobs more effectively with access to information generated or retained within particular criminal justice agencies. Criminal justice realignment under AB 109 has only heightened the need for inter-agency data sharing and cooperation, yet there continue to be misunderstandings about the legal framework surrounding information exchange.
This Article aims to provide a basic, practical background on the legal …
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …
Liability For Misstatement In Prospectus In India: Where To Stop?, Manendra Singh
Liability For Misstatement In Prospectus In India: Where To Stop?, Manendra Singh
Manendra Singh, Solicitor & Advocate, India (Mumbai)
The article is intended to highlight the securities law and deals with the liability for misstatement in prospectus. It helps in identifying people who could be held liable and to what extent the liability extends. It also provides an insight for the defences available to an accused. The article basically deals with the Indian law but also touches upon the necessary issues under USA and UK law and thus helps in drawing a comparison between these countries' laws for the same.
Pautas De Funcionamiento Del Directorio, Carlos Molina Sandoval
Pautas De Funcionamiento Del Directorio, Carlos Molina Sandoval
Carlos Molina Sandoval
En la presente contribución se analiza el funcionamiento del directorio desde las distintas aristas societarias, procurando constituir una guía práctica para estudiar los distintos mecanismos de toma de decisiones directoriales
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
University of Richmond Law Review
Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …
Construction Law, Christopher G. Hill
Construction Law, Christopher G. Hill
University of Richmond Law Review
This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.
La Responsabilità Della Società Di Revisione, Valerio Sangiovanni
La Responsabilità Della Società Di Revisione, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Trimming The "Judicial Oak": Rule 10b5-2(B)(1), Confidentiality Agreements, And The Proper Scope Of Insider Trading Liability, Ryan M. Davis
Trimming The "Judicial Oak": Rule 10b5-2(B)(1), Confidentiality Agreements, And The Proper Scope Of Insider Trading Liability, Ryan M. Davis
Vanderbilt Law Review
In recent years the Securities and Exchange Commission, commonly known as the SEC, has been involved in a number of high- profile suits that have attracted a good deal of media attention. Among those prosecuted by the Commission are hedge fund billionaire and Galleon Group founder Raj Rajaratnam, investment/Ponzi- scheme guru Bernie Madoff, television host and magazine publisher Martha Stewart, and colorful Dallas Mavericks owner Mark Cuban. Although such notable suits may simply be the SEC's attempt to justify its own existence and role in the market it polices in light of the financial disasters of the past decade, these …
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
"Workers Of God": The Holy See's Liability For Clerical Sexual Abuse, Jacob W. Neu
"Workers Of God": The Holy See's Liability For Clerical Sexual Abuse, Jacob W. Neu
Vanderbilt Law Review
In the 1970s, no Boston priest was more electrifying than Paul Richard Shanley. Ordained in 1960, he sought and received from his bishop, Boston cardinal Humberto Medeiros, a mission to minister to "sexual minorities" in 1970 and became a well-known Boston "street priest."' Wearing jeans and smoking Kool cigarettes, he gathered about him runaway gay teenagers and advocated fiercely for gay rights. Yet one of the boys drawn to him was the same one Shanley would be convicted of sexually abusing in 2005. In a civil suit seeking damages from the Archdiocese of Boston for its role in hiding Shanley's …
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Witch's Brew: Nigerian Schemes, Counterfeit Cashier's Checks, And Your Trust Account, Clark H. C. Lacy
The Witch's Brew: Nigerian Schemes, Counterfeit Cashier's Checks, And Your Trust Account, Clark H. C. Lacy
South Carolina Law Review
No abstract provided.
Bending Nature, Bending Law, David Owen
Inadempimento Contrattuale E Responsabilità Nel Caso Lehman Brothers, Valerio Sangiovanni
Inadempimento Contrattuale E Responsabilità Nel Caso Lehman Brothers, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Richard Faulk
All those who participate in realizing the benefits of exploration – including those who use the resulting products and depend on their safe handling to avoid harm – are subject to their dangers. When the risks are enormous, and when society’s demands are extraordinary, the situation is ripe for political compromise. The products of that compromise may not be popular at this time of crisis, but that does not lessen their importance as anchors of reason during difficult times. The Limitation Act and the OPA, as well as the procedures under Supplemental Rule F, form a foundation that enables the …
Le Nuovissime Norme Di Comportamento (E La Responsabilità Civile) Dei Consulenti Finanziari, Valerio Sangiovanni
Le Nuovissime Norme Di Comportamento (E La Responsabilità Civile) Dei Consulenti Finanziari, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Richard Faulk
Offshore drilling is a tremendously complicated and potentially lucrative process. Unfortunately, it is also dangerous. Harvesters of fossil fuels face massive risks, not only to their lives and properties, but also to our environment and the livelihoods of all those who depend upon it. On balance, our “modern” sense of justice might insist that those who realize wealth should bear the risks that their exploration and production poses to others. But when a product, like petroleum, is inextricably woven into our national fabric, legislators sometimes reach surprising compromises. So, it seems, the owner of the Deepwater Horizon will argue in …
Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc, Steven E. Woodliff
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc, Steven E. Woodliff
South Carolina Law Review
No abstract provided.
Snyder V. Phelps, Sarah E. Merkle
Caci Premier Technology, Inc. V. Rhodes, Ian Duggan
Caci Premier Technology, Inc. V. Rhodes, Ian Duggan
South Carolina Law Review
No abstract provided.
Corporations Beware: The Eighth Circuit Announces New Criteria For Parent Corporation Liability And Constructive Notice Of Harassment, Lawrence S. Hall
Corporations Beware: The Eighth Circuit Announces New Criteria For Parent Corporation Liability And Constructive Notice Of Harassment, Lawrence S. Hall
Missouri Law Review
In Sandoval v. American Building Maintenance Inc., the United States Court of Appeals for the Eighth Circuit announced two very important principles affecting corporations in regard to harassment liability. First, in looking at parent-subsidiary corporate relationships, the court re-established a four-factor test, which was vacated by the Eighth Circuit in 2007, that determines whether a parent corporation can be held liable for the acts of its subsidiaries. Second, when looking at a hostile work environment claim, the Eighth Circuit held that events involving harassment at multiple locations of which the defendant corporation was aware can be admitted to show that …
Don't Mistake The Proxy For The Rule: Alter Ego Liability In Tennessee, George Kuney
Don't Mistake The Proxy For The Rule: Alter Ego Liability In Tennessee, George Kuney
Scholarly Works
No abstract provided.
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Misrepresentation - Part Ii, Fleming James, Oscar S. Gray
Oscar S. Gray
No abstract provided.
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
San Diego International Law Journal
This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Michigan Telecommunications & Technology Law Review
Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply …
Optimal Fines For False Patent Marking, Thomas F. Cotter
Optimal Fines For False Patent Marking, Thomas F. Cotter
Michigan Telecommunications & Technology Law Review
This Essay proposes that, in order to avoid imposing arbitrary (and perhaps unnecessarily large) fines for false patent marking, courts should seek guidance in the law of remedies for false advertising and copyright infringement. In particular, courts should attempt to approximate the social harm caused by actionable false marking by taking into account (1) the plaintiff's loss (if any) and the defendant's gain (if any) attributable to the false marking at issue; (2) the plausibility of substantial but less easily quantifiable harms to consumers and to nonparty competitors; and (3) the risks, on the one hand, of underdeterring statutory violations …
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Michigan Journal of International Law
In the process of applying the ATS to foreign bribery, this Article will examine several unresolved issues surrounding this statutory grant. It will seek to (1) determine what constitutes a "violation of the law of nations," (2) refute the proposition that private defendants may be prosecuted under the ATS for only the most shocking and egregious jus cogens violations, (3) determine when and to what extent state action is required in ATS litigation, and (4) examine the limitations of the fundamental principles of international law on ATS litigation.
Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, David A. Dana, Michael Barsa
Faculty Working Papers
The ATCA could be a powerful tool to promote corporate CSR, especially in developing countries where local legal restraints are weak. But despite the good normative reasons why the ATCA should be used in this way, serious obstacles remain. The Supreme Court's ahistorical and incoherent formulation of the "law of nations" fails to promote the development of the ATCA in ways that would cover even serious environmental harm. Also, the federal courts' confused jurisprudence concerning aiding and abetting and state action creates too many loopholes through which egregious corporate behavior may slip unpunished. In order to overcome these obstacles, we …