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Articles 2131 - 2160 of 11501
Full-Text Articles in Law
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Osgoode Hall Law Journal
No abstract provided.
Book Notes: No Need Of A Chief For This Band: The Maritime Mi'kmaq And Federal Electoral Legislation, 1899-1951, By Martha Elizabeth Walls, Bronwyn Roe
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Osgoode Hall Law Journal
No abstract provided.
A Discussion Of The Seventh Circuit's Electronic Discovery Pilot Program And Its Impact On Early Case Assessment, Tina B. Solis
A Discussion Of The Seventh Circuit's Electronic Discovery Pilot Program And Its Impact On Early Case Assessment, Tina B. Solis
Northern Illinois University Law Review
In response to the skyrocketing costs of electronic discovery, the Seventh Circuit Court of Appeals Electronic Discovery Committee has enacted a pilot program called the Principles Relating to the Discovery of Electronically Stored Information ("Principles"). The Principles' purpose is to reduce the burden and cost of discovery in litigation brought on primarily by the use of electronic stored information in today's world. The Principles emphasize cooperation and proportionality. As a result, counsel and their clients must not only understand the identity and location of a client's ESI prior to the initial status conference but also meet and confer with opposing …
Getting Ready To Settle: The Exclusion Of Settled Defendants And Ready V. United/Goedecke Services, Inc.'S Impact Upon Statutory Interpretation In Illinois, Jason Meares
Northern Illinois University Law Review
In Ready v. United/Goedecke Services, Inc., the Illinois Supreme Court held that settled defendants are not to be considered when apportioning liability between parties to a suit. In so holding, the court manipulated several tenets of statutory construction in novel ways. This Note analyzes the court's reasoning, the practical implications of the decision for plaintiffs and defendants, as well as the uncertain future of statutory interpretation in Illinois courts.
Vol. 30, No. 3, Summer 2010: Table Of Contents, Northern Illinois University Law Review
Vol. 30, No. 3, Summer 2010: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Center For Terrorism Law: Monthly Activity Report, 2010-07, St. Mary's University School Of Law Center For Terrorism Law
Center For Terrorism Law: Monthly Activity Report, 2010-07, St. Mary's University School Of Law Center For Terrorism Law
Monthly Report
No abstract provided.
Legal Liability, Intellectual Property And Genetically Modified Crops: Their Impact On World Agriculture, Kanchana Kariyawasam
Legal Liability, Intellectual Property And Genetically Modified Crops: Their Impact On World Agriculture, Kanchana Kariyawasam
Washington International Law Journal
The use of genetic engineering and biotechnology in agriculture has attracted worldwide attention over the past decade. This technology has raised highly controversial issues and considerable international debate over the liabilities associated with crops containing genetically modified organisms (“GMOs”). In particular, the extension of intellectual property protection to GMOs, especially genetically modified crops, has produced one of the most controversial and strenuous debates of recent times. After looking briefly at some of the key features, advantages and disadvantages of GM crops, this paper outlines the debate over the associated legal liability issues. This article also examines the major elements of …
Public Welfare, Artistic Values, And The State Ideology: The Analysis Of The 2008 Japanese Supreme Court Obscenity Decision On Robert Mapplethorpe, Yuri Obata
Washington International Law Journal
On February 19, 2008, the Japanese Supreme Court delivered a decision declaring that a collection of photographs by the late American photographer Robert Mapplethorpe did not violate obscenity laws in Japan. The fact that the Japanese Supreme Court publicly found close-up and detailed images of male genitalia in Mapplethorpe’s work no longer obscene perhaps makes the decision a landmark one since the present-day restriction of sexually explicit expression in Japan respected the obscenity standard from the 1957 precedent, the Lady Chatterley’s Lover decision, which ruled that the translation of D. H. Lawrence’s Lady Chatterley’s Lover was obscene. However, close reading …
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
University of Michigan Journal of Law Reform
The ongoing debates over the legitimacy of judicial review-the power of courts to strike down unconstitutional statutes-as well as the evolving school of thought called "popular constitutionalism, " are characterized by a preoccupation with the Supreme Court as the embodiment of judicial power This is a striking shortcoming in prevailing constitutional theory, given the fact that in the United States, inferior courts engage in constitutional adjudication and in acts of judicial review on a daily basis, in ways that are importantly different from the familiar practices of the Supreme Court. The Article breaks down this monolithic concept of "the courts" …
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
University of Michigan Journal of Law Reform
Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …
Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter
Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter
University of Michigan Journal of Law Reform
Charitable donations fund social goods that the state and markets undersupply. Despite widespread belief in the importance of private charity, most Americans donate little or nothing. Experiments in behavioral economics show that anonymity, not human nature, causes low contributions. Anonymity poses a particular challenge for charity because of the special character of the obligation. Charity is a disjunctive social norm, meaning the obligation is owed to "A or B or C or ...". Disclosure of each individual's aggregate conduct is necessary for the effectiveness of any disjunctive social norm. To revitalize charity we propose a public registry where each taxpayer …
Turning A Short-Term Fling Into A Long-Term Commitment: Board Duties In A New Era, Nadelle Grossman
Turning A Short-Term Fling Into A Long-Term Commitment: Board Duties In A New Era, Nadelle Grossman
University of Michigan Journal of Law Reform
Corporate boards face significant pressure to make decisions that maximize profits in the short run. That pressure comes in part from executives who are financially rewarded for short-term profits despite the long-term risks associated with those profit-making activities. The current financial crisis, where executives at AIG and numerous other institutions ignored the long-term risks associated with their mortgage backed securities investments, arose largely because those executives were compensated for the short-term profits generated by those investments despite their longer-term risks. Pressure on boards for short-term profits also comes from activist investors who seek to make quick money off of trading …
Whose Survival? Environmental Justice As A Civil Rights Issue, Majora Carter, Miranda Massie, David Palmer, Elizabeth Yeampierre, Carmen Huertas-Noble
Whose Survival? Environmental Justice As A Civil Rights Issue, Majora Carter, Miranda Massie, David Palmer, Elizabeth Yeampierre, Carmen Huertas-Noble
City University of New York Law Review
No abstract provided.
A More Inclusive Democracy: Challenging Felon Jury Exclusion In New York, Paula Z. Segal
A More Inclusive Democracy: Challenging Felon Jury Exclusion In New York, Paula Z. Segal
City University of New York Law Review
New York excludes all individuals who have ever been convicted of a felony from its jury pool except in the most extraordinary circumstances.This practice undermines the representativeness of juries, their inclusiveness, as well as public confidence in the courts. It leaves whole communities underrepresented in one of the foundations of democracy. It also compromises an individual’s constitutional rights. People with felony conviction histories are included in the jury pools of nearly half of United States jurisdictions, yet the effectiveness of judicial systems in those jurisdictions has not been compromised. The mechanisms for insuring that juries are competent and unbiased—voir dire, …
Maximizing Information's Freedom: The Nuts, Bolts, And Levers Of Foia, Justin Cox
Maximizing Information's Freedom: The Nuts, Bolts, And Levers Of Foia, Justin Cox
City University of New York Law Review
No abstract provided.
The Class Of 2009: Recession Or Restructuring?, William D. Henderson
The Class Of 2009: Recession Or Restructuring?, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
The Non-Frustration Rule Of The Uk City Code On Takeover And Mergers And Related Agency Problems: What Are The Implications For The Ec Takeover Directive?, Han-Wei Liu
Research Collection Yong Pung How School Of Law
The Takeover Directive, first envisioned in the White Paper on completing the Internal Market, was finally adopted in 2004, after almost 20 years of work. The Takeover Directive is based upon the assumption that the takeover offers numerous benefits to companies, investors, and, ultimately, the European economy as a whole. The functions of a takeover include disciplining management, stimulating competition, and disseminating good management practice, thus improving the quality of management as well as corporate performance. While one of the major purposes of the Takeover Directive is to mitigate the agency problem in the takeover context, some mechanisms, such as …
Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff
Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff
Journal of Dispute Resolution
Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its passage in 1925, and the distinctions made by the drafters and the courts. Part III addresses a number of the common themes and limitations raised by cases applying the FAA, including the ability to protect statutory rights, the right to contract and have courts enforce contractual obligations, the need to protect consumers subject to mandatory arbitration clauses, and the need for finality in arbitration. Part IV reviews recent legislative and Supreme Court decisions considering issues regarding sophisticated and unsophisticated parties …
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Journal of Dispute Resolution
Part 1 of this article describes the rapid growth of Collaborative Practice and the dense fabric of professional relationships that has been woven with the Collaborative Practice community. Part H explores the Prisoner's Dilemma, which explains why, in the absence of such relationships and mutual commitments to collaboration, there are hard-to-resist pressures to engage in competitive, win-lose, adversarial forms of negotiation. Part II also explores the role that lawyers can play in overcoming those pressures. Part III is based on interviews with teams of Collaborative lawyers and other professionals, who describe the personal qualities and skills that support strong relationships …
Tale Of Two Policies: Corporate Immunity And Its Negative Externalities, The Worst Of Times For Consumers, A, David Ma
Journal of Dispute Resolution
When the Third Circuit Court of Appeals, in Kaneff v. Del. Title Loans, Inc., faced a Pennsylvania statute that prohibited payday loans,' the Third Circuit refused to enforce the state statute. This note will explore the reasoning underlying and discuss the effects of the Third Circuit's decision, providing a consequential look at the externalities that Kaneff created. As will become evident, these effects are quite serious and far-reaching, both to Pennsylvania's citizens and Pennsylvania's regulatory scheme.
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
Journal of Dispute Resolution
Vermont House Bill 663 would modify current law to follow a national trend of special medical malpractice statutes that require the arbitration of such claims, as well as following a similar trend to limit noneconomic and non-pecuniary damage recovery.' Arbitration for medical malpractice claims has been allowed under state law for more than thirty years. The bill, sponsored by nine members of the General Assembly, sought to amend the "Voluntary Arbitration Chapter," chapter 215 (§§ 7001-7009) and add a provision to section 1913 of Vermont Statute Title 12.
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
Journal of Dispute Resolution
This note argues that the Eighth Circuit's decision to claim jurisdiction in Industrial Wire Products, Inc. v. Costco Wholesale Corp. was practical and resourceful, as that court is better suited to decide matters of contract interpretation. The highly specialized Federal Circuit should devote its time and expertise to governing cases in particular areas of law, like patent litigation and administrative law. This note further argues that the Eighth Circuit preserved judicial resources and adhered to the parties' intentions in holding that the patent infringement claims were required to proceed through arbitration.