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Articles 691 - 720 of 11497
Full-Text Articles in Law
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
An Originalist Theory Of Precedent: The Privileged Place Of Originalist Precedent, Lee J. Strang
BYU Law Review
No abstract provided.
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card
BYU Law Review
No abstract provided.
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
BYU Law Review
No abstract provided.
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
BYU Law Review
No abstract provided.
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
BYU Law Review
No abstract provided.
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
BYU Law Review
No abstract provided.
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer
BYU Law Review
No abstract provided.
Reinventing Usefulness, Michael Risch
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
BYU Law Review
No abstract provided.
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
BYU Law Review
No abstract provided.
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality Of Laws Criminalizing The Sale Of Obscene Devices, Nathan R. Curtis
BYU Law Review
No abstract provided.
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
Lawyers Keep Out: Why Attorneys Should Not Participate In Negotiating Critical Financial Numbers Reported By Public Company Clients, William O. Fisher
BYU Law Review
No abstract provided.
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
BYU Law Review
No abstract provided.
In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman
In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman
Seattle Journal for Social Justice
No abstract provided.
Reconceptualizing Aggression, Michael Anderson
Rule 10b-5 And The Rise Of The Unjust Enrichment Principle, James J. Park
Rule 10b-5 And The Rise Of The Unjust Enrichment Principle, James J. Park
Duke Law Journal
No abstract provided.
Mooting The Night Away: Postinauguration Midnight-Rule Changes And Vacatur For Mootness, Ari Cuenin
Mooting The Night Away: Postinauguration Midnight-Rule Changes And Vacatur For Mootness, Ari Cuenin
Duke Law Journal
No abstract provided.
Advice And Complicity, Matthew A. Smith
Taking Stock: The Magnuson-Stevens Act Revisited (8th Marine Law Symposium) (November 4-5, 2010), Roger Williams University School Of Law Library
Taking Stock: The Magnuson-Stevens Act Revisited (8th Marine Law Symposium) (November 4-5, 2010), Roger Williams University School Of Law Library
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif
The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif
Research Collection School of Social Sciences
The analysis starts out by confronting and exposing the ideological motivations for dualism in conventional organised crime research. In order to suggest a cognitive pathway beyond this restrictive normative frame, it is essential to appreciate its potency and resilience. Law enforcement language buoyed up by popular culture representations of gangs, syndicates and crime bosses have become the accepted starting point for much research in the field. Research from this perspective, we suggest, plays its own part in organised crime mystification and as such retards the critical utility of enterprise theory. Next the paper shows how distracted and distorted theorising infects …
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Introduction To The 2010 Editors’ Symposium: Freedom Of Conscience: Stranger In A Secular Land, Larry Alexander, Steven D. Smith
Introduction To The 2010 Editors’ Symposium: Freedom Of Conscience: Stranger In A Secular Land, Larry Alexander, Steven D. Smith
San Diego Law Review
The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2010 Editors' Symposium of the San Diego Law Review. The Editors' Symposium, an annual event, began with the 2004 Symposium, "What Is Legal Interpretation?", which appeared in these pages in Volume 42. The 2010 issue deals with "Freedom of Conscience: Stranger in a Secular Land."