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Articles 9001 - 9030 of 11500
Full-Text Articles in Law
Editor's Note, Elizabeth A. Mcelaney
Editor's Note, Elizabeth A. Mcelaney
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Squandering The Last Word: The Misuse Of Reply Affidavits In Summary Judgment Proceedings, Michael D. Moberly, John M. Fry
Squandering The Last Word: The Misuse Of Reply Affidavits In Summary Judgment Proceedings, Michael D. Moberly, John M. Fry
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Singled Out: Application And Defense Of Antitrust Law And Single Entity Status To Non-Team Sports, Timothy S. Bolen
Singled Out: Application And Defense Of Antitrust Law And Single Entity Status To Non-Team Sports, Timothy S. Bolen
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
How Chapter 93a Consumers Lost Their Day In Court: One Legislative Option To Level The Playing Field, Matthew S. Furman
How Chapter 93a Consumers Lost Their Day In Court: One Legislative Option To Level The Playing Field, Matthew S. Furman
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Vacatur Of Foreign Judgments: Options For Collateral Relief In Courts Of Registration, Richard E. Gordon
Vacatur Of Foreign Judgments: Options For Collateral Relief In Courts Of Registration, Richard E. Gordon
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Exploring Challenges With The Discovery Of Text Messages In Federal Cases Through The Lens Of The Federal Rules Of Civil Procedure And The Stored Communications Act, 18 U.S.C. Sec. 2701-11, Erin Marie Secord
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Understanding Rule Of Law / Supremacy Of Law And Underlying Obstacles In Turkey And Around The World, Jeffrey E. Thomas
Understanding Rule Of Law / Supremacy Of Law And Underlying Obstacles In Turkey And Around The World, Jeffrey E. Thomas
Faculty Works
Rule of Law has become every country’s ambition; developed countries are promoting it, multinational corporations want it, and aid organizations are trying to build it. No country in modern times - with the possible exception of China during the cultural revolution- has ever said “We reject the rule of law,” although by their actions some countries have done so. The goal of this paper is to provide some additional perspective on the Rule of Law for discussion and deliberations in Turkey. The paper starts with some of the major obstacles, and then make a few comments regarding the author’s impressions …
Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien
Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien
Faculty Works
No abstract provided.
Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee
Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee
Cleveland State Law Review
In this Article, we explore the constitutional, statutory, and common law foundations of the three recovery avenues available to crime victims. We also explore the federal-state and interstate differences in these avenues, along with the associated barriers to recovery. Finally, we propose better ways in which to facilitate state crime victim recoveries.
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Cleveland State Law Review
In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …
Misplaced Fears In The Legislative Battle Over Affordable Biotech Drugs, David E. Adelman, Christopher M. Holman
Misplaced Fears In The Legislative Battle Over Affordable Biotech Drugs, David E. Adelman, Christopher M. Holman
Faculty Works
Much like tort reform, the debate over recently enacted legislation on biotech drugs — and particularly regulatory supplements to patent protection — has taken on a significance that dwarfs its impact on prescription drug expenditures. Under the Health Care Reform legislation, Congress enacted two major reforms: First, creation of an abbreviated Food and Drug Administration (FDA) approval process for follow-on biologics (FOBs), which are the analogues of generics for biotech drugs. Second, establishment of a twelve-year “data exclusivity” period in which clinical testing data collected by brand-name innovators cannot be used by producers of FOBs to satisfy FDA testing requirements. …
Charitable Gifts Made By Corporations: Opportunities And Challenges, Christopher R. Hoyt
Charitable Gifts Made By Corporations: Opportunities And Challenges, Christopher R. Hoyt
Faculty Works
This article examines the tax opportunities and tax hazards when a subchapter S corporation makes a charitable gift. The article demonstrates that usually the shareholders of an S corporation and the charity are both better off when an S corporation makes a charitable gift compared to having a shareholder make a charitable gift of S corporation stock. Either way, the income tax benefit will be on the S corporation shareholder’s personal income tax return. By having the S corporation make the gift, the parties avoid the “three bad things” that happen when a shareholder donates S corporation stock. The problems …
Wall St. Fraud And Fiduciary Responsibilities: Can Jail Time Serve As An Adequate Deterrent For Willful Violations?, William K. Black
Wall St. Fraud And Fiduciary Responsibilities: Can Jail Time Serve As An Adequate Deterrent For Willful Violations?, William K. Black
Faculty Works
The answer to the question posed by the title of this hearing is: only prison sentences can deter the violations that caused the debacle. We should, however, never rely solely on prosecutions to constrain crimes. The criminal justice system needs to work with regulation not only to make regulation more effective, but also to prevent “private market discipline” from becoming a “criminogenic” oxymoron. To understand the vital role that the criminal justice system must play if we are to avoid the recurrent, intensifying financial crises that have beset this and many other nations for nearly three decades we must begin …
Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines
Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines
Faculty Works
No abstract provided.
Consigning Women To The Immediate Orbit Of A Man: How Missouri’S Relocation Law Substitutes Judicial Paternalism For Parental Judgment By Forcing Parents To Live Near One Another, Julie Hixson-Lambson
Consigning Women To The Immediate Orbit Of A Man: How Missouri’S Relocation Law Substitutes Judicial Paternalism For Parental Judgment By Forcing Parents To Live Near One Another, Julie Hixson-Lambson
Saint Louis University Law Journal
No abstract provided.
The State Of Utah V. Apotex Corporation; Baxter Healthcare Corporation; Boehringeringelheim Corporation; Mallinckrodt Inc.; Csl Behring; Forest Laboratories, Inc.; Morton Grove Pharmaceuticals, Inc.; Mutual Pharmaceutical Company, Inc.; Novartis Pharmaceuticals Corporation; Otsuka America, Inc.; Pfizer, Inc.; Qualitest Pharmaceuticals, Inc.; Schering-Plough Corporation; Schwarz Pharma Usa Holdings, Inc; Taro Pharmaceuticals Usa, Inc.; Upsher-Smith, Inc.; And Wyeth, Inc., : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
No abstract provided.
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
The 45th Anniversary Of Title Vii: Where We Are, Where We've Been, And Where We May Go, Sarah Crabtree, Daphnie Stock
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Hofstra Labor & Employment Law Journal
No abstract provided.
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman
Hofstra Labor & Employment Law Journal
No abstract provided.
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah
Hofstra Labor & Employment Law Journal
There was a significant period in early American history where unlimited liability coexisted with limited liability and certain industries or creditors received more favorable treatment. Limited liability was originally conceived as an extraordinary privilege granted to a select few. In the Twentieth Century, it has been transformed into the default rule for all corporations and entities. The prevalence of limited liability in modern times has undermined fundamental labor protections guaranteeing workers’ their wages. The tension between the limited liability rule and labor rights is fundamentally about who the law favors. Limited liability is risk allocation – shifting to the creditors …
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
The Nlrb's Deferral Policy Under Fire: The D.C. Circuit's Criticism And The Future Of The Deferral Policy, Celeste J. Mattina
Hofstra Labor & Employment Law Journal
No abstract provided.
Fred Danneman V. Holly Danneman : Brief Of Appellant, Utah Court Of Appeals
Fred Danneman V. Holly Danneman : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Ruling and Order (Re: Ruling August 23, 2010) of the Third District Court, the Honorable Lynn W. Davis, presiding, which were entered on August 23, 2 010, and September 14, 2010, respectively.
Fred Danneman V. Holly Danneman : Brief Of Appellee, Utah Court Of Appeals
Fred Danneman V. Holly Danneman : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Ruling and Order of the Fourth District Court, The Honorable Lynn W. Davis, presiding, (Orders entered August 23, 2010 and September 14, 2010, respectively)
Tom Watkins V. Henry Day Ford : Brief Of Appellant, Utah Court Of Appeals
Tom Watkins V. Henry Day Ford : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM THE OPINION OF THE COURT OF APPEALS FOR THE STATE OF UTAH FOLLOWING THE GRANT OF CERTIORARI BRIEF OF APPELLANT ON THE UTAH SUPREME COURT'S GRANT OF CERTIORARI ON THE UTAH COURT APPEAL'S REVERSAL AND REMAND, 2010 UT APP 243
Gregory A. Lowrey V. Department Of Workforce Services, Workforce Appeals Board And Jacklyn Emmett Johnson : Reply Brief, Utah Court Of Appeals
Gregory A. Lowrey V. Department Of Workforce Services, Workforce Appeals Board And Jacklyn Emmett Johnson : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM A DECISION OF THE UTAH DEPARTMENT OF WORKFORCE SERVICES APPEALS BOARD
Gregory A. Lowrey V. Workforce Appeals Board, Utah Department Of Workforce Services, And Jacklyn Emmett Johnson : Brief Of Respondent, Utah Court Of Appeals
Gregory A. Lowrey V. Workforce Appeals Board, Utah Department Of Workforce Services, And Jacklyn Emmett Johnson : Brief Of Respondent, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah
Tom Watkins V. Henry Day Ford : Reply Brief, Utah Court Of Appeals
Tom Watkins V. Henry Day Ford : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM THE OPINION OF THE COURT OF APPEALS FOR THE STATE OF UTAH FOLLOWING THE GRANT OF CERTIORARI REPLY BRIEF OF APPELLANT ON THE UTAH SUPREME COURT'S GRANT OF CERTIORARI ON THE UTAH COURT APPEAL'S REVERSAL AND REMAND, 2010 UT APP 243
Nicholas Lindsey V. Unifund Ccr : Brief Of Appellant, Utah Court Of Appeals
Nicholas Lindsey V. Unifund Ccr : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Reply Brief of Appellant