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Articles 1501 - 1530 of 11502
Full-Text Articles in Law
"What Do I Do About This Word, 'Unavoidable'?": Resolving Textual Ambiguity In The National Childhood Vaccine Injury Act, Jason Lafond
"What Do I Do About This Word, 'Unavoidable'?": Resolving Textual Ambiguity In The National Childhood Vaccine Injury Act, Jason Lafond
Michigan Law Review First Impressions
The quote in the title of this Essay comes from Justice Breyer, expressing his frustration with the language of section 22(b)(1) of the National Childhood Vaccine Injury Act. Justice Breyer made this comment during the October 12, 2010, oral argument in Bruesewitz v. Wyeth, Inc., a case about the availability of state tort claims based on vaccine design defects. The question before the Court was whether that section expressly preempts such claims against vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions …
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Michigan Law Review First Impressions
The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.
Human Rights, The Laws Of War, And Reciprocity, Eric A. Posner
Human Rights, The Laws Of War, And Reciprocity, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This paper argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce self-enforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action problems. The more elaborate human rights institutions are designed to overcome these problems but fall prey to second-order collective action problems. …
Funksionimi Dhe Qeverisja Demokratike E Shërbimeve Të Inteligjencës, Sofije Kryeziu
Funksionimi Dhe Qeverisja Demokratike E Shërbimeve Të Inteligjencës, Sofije Kryeziu
Theses and Dissertations
No abstract provided.
Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew
Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew
West Virginia Law Review
No abstract provided.
Law Library Newsletter, Volume 2, Issue 3 - September/October 2010, Kresge Law Library
Law Library Newsletter, Volume 2, Issue 3 - September/October 2010, Kresge Law Library
Law Library Newsletter
How to find part- time employment in the law library. Learn about a great legal re- search database you may not even know exists (hint: it’s not West, Lexis, or Hein Online) Lost in the new law library? Never fear, we have maps and other info to help! Meet our newest Librarian-in- Residence, Naomi Bishop
Is Criminology Moving Toward A Paradigm Shift?: Evidence From A Survey Of The American Society Of Criminology, Jonathon A. Cooper, Anthony Walsh, Lee Ellis
Is Criminology Moving Toward A Paradigm Shift?: Evidence From A Survey Of The American Society Of Criminology, Jonathon A. Cooper, Anthony Walsh, Lee Ellis
Criminal Justice Faculty Publications and Presentations
Ideology forms and colors our attitudes and values in ways that lead to a tendency to accept or reject data according to how well or how poorly they cohere with that ideology. Previous research has suggested that the ideological divide in criminology is between criminologists who focus on strictly environmentalist theories that give short shrift to individual differences, and those who focus on individual differences and are favorably disposed to the biological sciences (Wright & Miller, 1998; Walsh & Ellis, 2004). The former tend to be radicals and liberals and the latter tend to be conservatives and moderates, although there …
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review
Georgia State University Law Review
The Act prohibits all drivers from using text-based communications while operating a motor vehicle on any public highway in the state. The Act provides for acceptable text-based communications for public safety workers and similarly situated individuals, as well as for all drivers in certain circumstances. A violator of the Act’s provisions is subject to a fine of $150 and an assessment of one point on the violator’s driver’s license. The Act prohibits any driver under the age of eighteen who has an instruction permit or Class D license from using a cellular phone while operating a motor vehicle. It provides …
Down The Drain: How North Carolina Municipalities Lost Immunity For Storm Drains In Jennings V. Fayetteville, Trent Mccotter
Down The Drain: How North Carolina Municipalities Lost Immunity For Storm Drains In Jennings V. Fayetteville, Trent Mccotter
North Carolina Law Review
No abstract provided.
Legal Barriers To Sub-National Governance Techniques By U.S. States For Renewable Energy Promotion And Ghg Control, Steven Ferrey
Legal Barriers To Sub-National Governance Techniques By U.S. States For Renewable Energy Promotion And Ghg Control, Steven Ferrey
Suffolk University Law School Faculty Works
The attempt by many U.S. states to copy verbatim the European model of feed-in tariffs to promote renewable power and recent efforts of states to promote their renewable power development or greenhouse gas (“GHG”) emission restrictions have been successfully challenged legally in the past few months. These challenges have reinforced that these E.U. and Kyoto mechanisms employed by the states in the U.S. as a governance tool, run afoul of the U.S. Constitution. Renewable and climate change policy in the U.S. is undertaken by regulatory actions at the state, rather than federal, level. This is a significant issue going forward …
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
West Virginia Law Review
No abstract provided.
State Fiscal Policies And Transitory Income Fluctuations, James R. Hines Jr.
State Fiscal Policies And Transitory Income Fluctuations, James R. Hines Jr.
Articles
State and local expenditure and tax revenue respond less to the business cycle than do federal spending and revenue, thereby reducing the countercyclicality of total government expenditure and revenue. This paper considers forces responsible for the cyclical pattern of state expenditure and revenue. Annual fluctuations in state personal income are associated with small changes in state spending and significant changes in tax receipts; receipt of federal grants is associated with greater state spending. Tax collections, and to a lesser degree expenditure, of larger states are more closely associated with annual income fluctuations than are the tax collections and expenditure of …
The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez
The Use Of The Minnesota Multiphasic Personality Inventory-Ii (Mmpi-2) In Pre-Employment Evaluations, Ana M. Gamez
Loma Linda University Electronic Theses, Dissertations & Projects
Psychological testing is an important facet in the selection and hiring processes of law enforcement and public safety personnel. Research in this area suggests that the MMPI-2 scales have been correlated with problematic behavior among police officers, poor job performance, and officer misconduct. This study examined the extent to which suitability for hire could be predicted by the MMPI-2 scale L (Lie), scale K (correction), Infrequency scale (F), scale 4 Psychopathic Deviate (Pd), scale 6 Paranoia (Pa), scale 7 Psychasthenia (Pt), and scale 9 Hypomania (Ma). It examined whether profile differences emerged as a function of suitability across gender, between …
Revisiting Eve's Law: Suggestions For Improving The North Carolina Anti-Gang Statute, Beverly Petersen Jennison
Revisiting Eve's Law: Suggestions For Improving The North Carolina Anti-Gang Statute, Beverly Petersen Jennison
North Carolina Law Review
No abstract provided.
Politicizing The Courts And Undermining The Law: A Legal History Of Colonial North Carolina, 1660-1775, William E. Nelson
Politicizing The Courts And Undermining The Law: A Legal History Of Colonial North Carolina, 1660-1775, William E. Nelson
North Carolina Law Review
No abstract provided.
Index To Volume 88: Tribute, North Carolina Law Review
Index To Volume 88: Tribute, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Index To Volume 88: Commencement Address, North Carolina Law Review
Index To Volume 88: Commencement Address, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Race, Educational Loans & Bankruptcy, Abbye Atkinson
Race, Educational Loans & Bankruptcy, Abbye Atkinson
Michigan Journal of Race and Law
This Article reports new data from the 2007 Consumer Bankruptcy Project revealing that college graduates and specifically White graduates are less likely to file for bankruptcy than their counterparts without a college degree. Although these observations suggest that a college degree helps graduates to weather the setbacks that sometimes lead to financial hardship as measured by bankruptcy, they also indicate that a college degree may not help everyone equally. African American college graduates are equally likely to file for bankruptcy as African Americans without a college degree. Thus, a college education may not confer the same protective benefit against financial …
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow
Michigan Journal of Race and Law
Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help address …
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Michigan Journal of Race and Law
For low-skilled workers in much of the world, U.S. admission policies make illegal immigration the most viable means of entering the country. Low average schooling, which disqualifies many potential immigrants from employment-based visas, and long queues affecting family preference immigration from high-traffic countries, make the admission criteria outlined in the U.S. Immigration and Nationality Act (INA) prohibitive for most would-be immigrants to the United States. Perhaps due to this failure of immediate legal avenues, many immigrants enter the country illegally. Though many eventually gain legal status, in the meantime they live and work in the United States without documentation. "Illegal …
Motions 2010 Volume 47 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 2010 Volume 47 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Flouting The Elmo Necessity And Denying The Local Roots Of Interpretation: "Anthropology's" Quarrel With Acta And Authoritarian Ip Regimes, Alexander S. Dent
Flouting The Elmo Necessity And Denying The Local Roots Of Interpretation: "Anthropology's" Quarrel With Acta And Authoritarian Ip Regimes, Alexander S. Dent
Joint PIJIP/TLS Research Paper Series
This paper uses an anthropological definition of culture to examine the intensification of intellectual property policing, coupled with an expansion of its definition. These are ACTA’s aims. I argue that acts of sharing lie at the root of communication; humans must share in order to learn. Furthermore, symbols change their meaning as they circulate in different cultural contexts. Therefore, in denying the fundamental importance of sharing and local interpretation, ACTA will not only fail spectacularly as a policy document. It will also fuel a “war” on file-sharers, users of generic medicines, and manufacturers, sellers, and buyers of imitative goods and …
The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh
The Impact Of The Anti-Counterfeiting Trade Agreement (Acta) On Canadian Copyright Law, Elizabeth Judge, Saleh Al-Sharieh
Joint PIJIP/TLS Research Paper Series
With the advent of The Anti-Counterfeiting Trade Agreement (ACTA), the protection and enforceability of intellectual property rights will continue growing. Canadians, like other citizens whose countries may adhere to this treaty, would notice major changes to the legal systems regulating their rights and obligations with respect to intellectual property. With respect to copyright law, by deciding to be a party of ACTA, Canada would be facing a true challenge of fulfilling its international obligations and at the same time preserving its carefully drawn copyright law and policy. This paper argues that the impact of ACTA on Canadian copyright law would …
Why Is Child Labour Detrimental For Children?, Cassandra Fernandes Faria
Why Is Child Labour Detrimental For Children?, Cassandra Fernandes Faria
Institute for Educational Development, Karachi
No abstract provided.
September/October 2010 Newsletter
Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks
Deadication To Senator John D. Rockefeller Iv, Lee Adair Sparks
West Virginia Law Review
No abstract provided.
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Appropriate Responses Of Campus Security Forces, Donald Challis
Appropriate Responses Of Campus Security Forces, Donald Challis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.