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Articles 301 - 330 of 11499
Full-Text Articles in Law
2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Dagmara Kośka, Krzysztof Kuik
2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Dagmara Kośka, Krzysztof Kuik
Yearbook of Antitrust and Regulatory Studies
The 2008 issue of YARS contained an overview of EU law developments in the period of time from 2004 to 2007. This overview covers the years 2008-2009. It confirms that State aid cases remained numerous (6 in total) and that the Commission’s enforcement activities in the area of State aid control continued at a similar pace as before. With respect to other areas of competition law and policy, the overall picture shows a relatively high level of scrutiny in mergers (5) and antitrust cases or inquiries (2). Moreover, EU Courts adopted several decisions in Polish cases, notably in the regulatory …
Possible Objective Justification Of A Network Monopoly’S Refusal To Conclude An Agreement On An Interconnected Market. Case Comment To The Judgement Of The Supreme Court Of 14 January 2009 – Rychwał Commune (Ref. No. Iii Sk 24/08), Joanna Jeżewska
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Wide Scope Of Administrative Discretion Justified By Features Of Telecommunications Market. Case Comment To The Judgment Of The Polish Supreme Court Of 2 April 2009 – Telekomunikacja Polska Sa V The President Of The Electronic Communications Office (Ref. No. Iii Sk 28/08), Małgorzata Kozak
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
The Control Of Polish Courts Over The Infringements Of Procedural Rules By The National Competition Authority Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Maciej Bernatt
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
The Publication Of The European Commission’S Guidelines In An Official Language Of A New Member State As A Condition For Their Application Case Comment To The Order Of The Polish Supreme Court Of 3 September 2009 (Ref. No. Iii Sk 16/09 ) To Refer A Preliminary Question To The Court Of Justice Of The European Union (C-410/99 Polska Telefonia Cyfrowa Sp. Z O.O. V President Of The Electronic Communications Office), Krystyna Kowalik-Bańczyk
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.
The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.
Popular Media
Police forces tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued for malfeasance, obfuscation and evasiveness are the typical response. The phenomenon is hardly limited to certain countries or societies–the unassailability of police organizations seems to be universal.–Michael H. Fox The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model.–J. Ackerman The best motto for a police officer is that sticks and …
Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products, Michael T. Roberts
Journal of Food Law & Policy
In the modern global food system - marked by the trade flow of a variety of food products and ingredients from multiple locations in the world - economically motivated adulteration has emerged as a growing menace that threatens the health and wellbeing of consumers, the economic livelihoods of honest purveyors of food in the global marketplace, and the integrity and viability of national food regulatory systems. Economic adulteration is a form of cheating that includes the padding, diluting, and substituting of food product. Although this cheating is rooted in past food systems, the new paradigm for economic adulteration - a …
The Quest To End Hunger In Our Time: Can Political Will Catch Up With Our Core Values?, David P. Lambert
The Quest To End Hunger In Our Time: Can Political Will Catch Up With Our Core Values?, David P. Lambert
Journal of Food Law & Policy
David Lambert a nationall recognized advocate to end hunger speaks about his work and the impact it has had on Arkansas, the USA and the world.
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
Journal of Food Law & Policy
The recent rise of consumer consciousness regarding the health qualities of foods and beverages has become something akin to common knowledge. Reflecting this rise, studies reveal that labels regarding the health qualities of a food are more likely to increase sales. And among the health labels consumers prefer, labels describing the product as natural top the list. One website reports that according to a recent study, 31.3-percent of respondents thought that "100% natural" was the best description to read on a label, compared with only 14.2-percent who thought that "100% organic" was the best description. "All natural ingredients" was the …
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Journal of Food Law & Policy
Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Faculty Publications
Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a …
The Distortionary Effect Of Evidence On Primary Behavior, Alex Stein, Gideon Parchomovsky
The Distortionary Effect Of Evidence On Primary Behavior, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.
Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels
Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels
Faculty Scholarship
No abstract provided.
Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley
Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire
The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Beyond The Shackles And Chains Of The Middle Passage: Human Trafficking Unveiled., Enrique A. Maciel-Matos
Beyond The Shackles And Chains Of The Middle Passage: Human Trafficking Unveiled., Enrique A. Maciel-Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
For the Trafficking Victims Protection Act (TVPA) to truly meet its twin aims of the prosecution of traffickers and the protection of victims, it must be reformed. The current overemphasis on the prosecution of traffickers renders the TVPA an ineffective tool for providing aid to victims of human trafficking. Trusting law enforcement officers to identify victims without proper training may lead to victims of more severe trafficking being denied benefits. Further, by providing benefits only to those who agree to cooperate with law enforcement, the TVPA denies assistance and protection to those who may be too scared or traumatized to …
Pre-Employment Credit Checks: Effectuating Disparate Impact On Racial Minorities Under The Guise Of Job-Relatedness And Business Necessity., Roberto Concepcion Jr.
Pre-Employment Credit Checks: Effectuating Disparate Impact On Racial Minorities Under The Guise Of Job-Relatedness And Business Necessity., Roberto Concepcion Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
No abstract provided.
Thou Shall Not Discriminate: A Proposal For Limiting First Amendment Defenses To Discrimination In Public Accommodations., Jennifer Ann Abodeely
Thou Shall Not Discriminate: A Proposal For Limiting First Amendment Defenses To Discrimination In Public Accommodations., Jennifer Ann Abodeely
The Scholar: St. Mary's Law Review on Race and Social Justice
No abstract provided.
Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris
Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
A Choice Between Food And Medicine: Denning V. Barbour And The Struggle For Prescription Drug Coverage Under The Medicaid Act., Armen H. Merjian
A Choice Between Food And Medicine: Denning V. Barbour And The Struggle For Prescription Drug Coverage Under The Medicaid Act., Armen H. Merjian
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …
Dualing Causation And The Rights Of Employees With Hiv Under Sec. 504 Of The Rehabilitation Act., Lauren R.S. Mendonsa
Dualing Causation And The Rights Of Employees With Hiv Under Sec. 504 Of The Rehabilitation Act., Lauren R.S. Mendonsa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Waiver, Certification, And Transfer Of Juveniles To Adult Court: Limiting Juveniles Transfers In Texas., Emily Ray
The Scholar: St. Mary's Law Review on Race and Social Justice
The adult criminal justice system is worse for juveniles who commit crimes. Underlying principles upon which the juvenile justice system was founded remain viable and worthy goals, and Texas law should reflect that understanding. Part II traces the development of juvenile justice in this country, including the evolution of the first American juvenile courts, and summarizes the due process rights afforded to juveniles by the U.S. Supreme Court. In Part III, I argue juvenile transfers to adult court should be limited in Texas with a special emphasis on young peoples' development, decision-making and reasoning abilities, and insights scientific research provides …
Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter
Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2008, California voters enacted Proposition 8, carving out an exception to the State constitution’s equal protection, due process, and privacy guarantees. After litigation in state court proved ineffective, same-sex couples sought relief in federal court in the widely discussed case Perry v. Schwarzenegger. Though the trial court released its decision only three weeks ago, the case has received attention by the national media and by legal circles throughout the country. This Article addresses the progression of the case of Perry from the filing of the case to its current status before the Ninth Circuit Court of Appeals. It offers …
Married To The Military: How To Protect Your Property Interests After The Marriage Mission Fails., Angela M. Shimek
Married To The Military: How To Protect Your Property Interests After The Marriage Mission Fails., Angela M. Shimek
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman
The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder
Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Amending Constituting Identity, Rosalind Dixon
Amending Constituting Identity, Rosalind Dixon
Public Law and Legal Theory Working Papers
Constitutional amendment procedures can create constitutional change in two ways: by providing evidence of popular support for constitutional change, and by changing the textual basis for subsequent acts of constitutional interpretation. Both mechanisms have clearly also succeeded, in various countries, in creating changes in the domain of constitutional identity. The question the essay investigates is whether there is nonetheless something peculiar about this domain that makes it especially difficult to succeed in using both these amendment mechanisms, simultaneously, in the quest for constitutional change. To explore this question, the essay draws on two distinct attempts to “amend” constitutional identity in …
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge
Muskie School Capstones and Dissertations
In January 2009, Port City Music Hall in Portland, Maine was preparing to open its doors to the public for the first time. With a capacity for nearly six hundred attendees, Port City Music Hall was designed to attract national touring acts to Portland too big for the bar scene, but not suited for the Merrill Auditorium or Cumberland Civic Center. With the State Theatre still shuttered at the time, this new venue hoped to fill an important niche in the city’s creative economy, bringing a diverse array of performers that would not otherwise be able to find a viable …