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2010

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Articles 1561 - 1590 of 11502

Full-Text Articles in Law

The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor Sep 2010

The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor

Washington and Lee Law Review

No abstract provided.


Prosecutors As Judges, Erik Luna, Marianne Wade Sep 2010

Prosecutors As Judges, Erik Luna, Marianne Wade

Washington and Lee Law Review

No abstract provided.


A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins Sep 2010

A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins

Washington and Lee Law Review

No abstract provided.


If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck Sep 2010

If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck

Washington and Lee Law Review

No abstract provided.


The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler Sep 2010

The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler

Washington and Lee Law Review

No abstract provided.


Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary Sep 2010

Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary

Washington and Lee Law Review

Recent decisions-all relying on a stylized example first provided by the Ortho court-hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered 'predatory" even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …


The French Prosecutor In Question, Jacqueline S. Hodgson Sep 2010

The French Prosecutor In Question, Jacqueline S. Hodgson

Washington and Lee Law Review

Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …


Symposium: Introduction, Ann Maclean Massie Sep 2010

Symposium: Introduction, Ann Maclean Massie

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp Sep 2010

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.


What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan Sep 2010

What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Detecting And Engaging At-Risk Students, Ann P. Haas Sep 2010

Detecting And Engaging At-Risk Students, Ann P. Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What The Governor’S Panel Learned, Aradhana "Bela" Sood Sep 2010

What The Governor’S Panel Learned, Aradhana "Bela" Sood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram Sep 2010

A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Three Ps Of The Trafficking Victims Protection Act: Unaccompanied Undocumented Minors And The Forgotten P In The William Wilberforce Trafficking Prevention Reauthorization Act, Jennifer Nguyen Sep 2010

The Three Ps Of The Trafficking Victims Protection Act: Unaccompanied Undocumented Minors And The Forgotten P In The William Wilberforce Trafficking Prevention Reauthorization Act, Jennifer Nguyen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud Sep 2010

The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay Sep 2010

Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen Sep 2010

Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda Sep 2010

Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Did Sarbanes-Oxley Lead To Better Financial Reporting?, Dennis Chambers, Dana R. Hermanson, Jeff L. Payne Sep 2010

Did Sarbanes-Oxley Lead To Better Financial Reporting?, Dennis Chambers, Dana R. Hermanson, Jeff L. Payne

Faculty Articles

The article describes and summarizes five studies that examined whether the landmark Sarbanes-Oxley Act of 2002 (SOX) was beneficial or not to financial reporting. The U.S. Congress is stated to have passed the legislation on July 25, 2002 in reaction to a series of financial accounting scandals involving such companies as Enron and WorldCom, as well as the demise of the accounting firm Arthur Andersen LLP. The author asserts that all five of the studies provide evidence of a significant improvement in the financial reporting environment since SOX.


Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney Sep 2010

Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney

West Virginia Law Review

No abstract provided.


Legal Beagle Blog (September 2010), Roger Williams University School Of Law Library Sep 2010

Legal Beagle Blog (September 2010), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.


Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein Sep 2010

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.


Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman Sep 2010

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman

The Scholar: St. Mary's Law Review on Race and Social Justice

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies. These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination, …


Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak Sep 2010

Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Equal Protection For The Gifted Student In The Public School System., Monica Aguon Sep 2010

Equal Protection For The Gifted Student In The Public School System., Monica Aguon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne Sep 2010

Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne

Washington and Lee Law Review

According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …


Pseudonymous Litigation, Lior Strahilevitz Sep 2010

Pseudonymous Litigation, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Risk As A Proxy For Race, Bernard E. Harcourt Sep 2010

Risk As A Proxy For Race, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Razors-And-Blades Myth(S), Randal C. Picker Sep 2010

The Razors-And-Blades Myth(S), Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Voters, Non-Voters, And The Implications Of Election Timing For Public Policy, Jacob Gersen, Christopher R. Berry Sep 2010

Voters, Non-Voters, And The Implications Of Election Timing For Public Policy, Jacob Gersen, Christopher R. Berry

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper makes use of variation in the timing of local elections to shed light on one of the core questions in democratic politics: what would happen if everyone voted? Does a low voter turnout rate imply that a small subset of special interest voters controls politics and policy? Or, are voters largely representative of non-voters such that neither the outcomes of elections nor resulting public policies would change even if everyone participated? Rather than rely on surveys of nonvoters to extrapolate their hypothetical behavior, we rely on a natural experiment created by a 1980s change in the California Election …