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2010

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Articles 9061 - 9090 of 11500

Full-Text Articles in Law

"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power Jan 2010

"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Pace Law Review

No abstract provided.


The Founders, Executive Power, And Military Intervention, Christopher A. Preble Jan 2010

The Founders, Executive Power, And Military Intervention, Christopher A. Preble

Pace Law Review

No abstract provided.


Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock Jan 2010

Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock

NYLS Law Review

No abstract provided.


Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab Jan 2010

Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab

NYLS Law Review

No abstract provided.


Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz Jan 2010

Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz

NYLS Law Review

No abstract provided.


A Board’S Duty To Monitor, Eric J. Pan Jan 2010

A Board’S Duty To Monitor, Eric J. Pan

NYLS Law Review

No abstract provided.


Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Tayloe Jan 2010

Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Tayloe

NYLS Law Review

No abstract provided.


A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld Jan 2010

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.


Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner Jan 2010

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner

NYLS Law Review

No abstract provided.


Nieves V. Home Box Office, Inc., Andrew Nieh Jan 2010

Nieves V. Home Box Office, Inc., Andrew Nieh

NYLS Law Review

No abstract provided.


Margae, Inc. V. Clear Link Technologies, Jonathan Goodman Jan 2010

Margae, Inc. V. Clear Link Technologies, Jonathan Goodman

NYLS Law Review

No abstract provided.


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer Jan 2010

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck Jan 2010

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim Jan 2010

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald Jan 2010

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.


Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker Jan 2010

Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker

NYLS Law Review

No abstract provided.


African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown Jan 2010

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown

NYLS Law Review

No abstract provided.


The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody Jan 2010

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.


On The Continued Vitality Of Securities Arbitration: Why Reform Efforts Must Not Preclude Predispute Arbitration Clauses, Alicia J. Surdyk Jan 2010

On The Continued Vitality Of Securities Arbitration: Why Reform Efforts Must Not Preclude Predispute Arbitration Clauses, Alicia J. Surdyk

NYLS Law Review

No abstract provided.


City Of New York V. Verizon New York, Inc., Michael T. Leigh Jan 2010

City Of New York V. Verizon New York, Inc., Michael T. Leigh

NYLS Law Review

No abstract provided.


Digital + Library: Mass Book Digitization As Collective Inquiry, Mary Murrell Jan 2010

Digital + Library: Mass Book Digitization As Collective Inquiry, Mary Murrell

NYLS Law Review

No abstract provided.


The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed Jan 2010

The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed

UC Law Business Journal

This paper analyzes federal law on the issue of whether consumers of mortgage products can sue as a class to rescind a mortgage loan under the Truth in Lending Act. Embedded in this question are deeper economic issues about the cost and availability of credit in the United States, and about who should bear the risk of faulty mortgage disclosures. The Truth in Lending Act governs these matters as an existing statutory scheme that provides pre-bankruptcy and pre-default remedies to consumers of credit.


A Crumbling Pyramid: How The Evolving Jurisprudence Defining Employee Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink Jan 2010

A Crumbling Pyramid: How The Evolving Jurisprudence Defining Employee Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

UC Law Business Journal

Under the Age Discrimination in Employment Act, as well as other federal anti-discrimination laws, only "employees" as defined by the statute are permitted to sue. In recent years, the U.S. Supreme Court and lower courts have provided guidance regarding when partners in large law firms might be deemed "employees" protected by these laws. What has emerged from the courts' decisions in these cases is a test that places significant emphasis on the amount of power and control that a partner has within a firm: Partners deemed to lack a sufficient amount of power and control within their firms may be …


Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill Jan 2010

Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill

UC Law Business Journal

This article is an effort to think about covenants not to compete from a theoretical and practical standpoint. Employee covenants not to compete generate a lot of legal disputes perhaps, in part, because they often bite when an employment relationship is already on the rocks and then they extend their restraints out past the time of any productive exchange between the parties. Employee covenants not to compete also generate scores of academic articles because there are always new cases to write about and because covenants dwell on a fault line that runs between freedom of contract and substantive control over …


Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh Jan 2010

Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh

UC Law Business Journal

This study tests Marc Galanter's theory in his work entitled Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change. In his article, Galanter argues that classes of litigants with the greatest resources and the lowest relative risk in litigation have the highest rates of success in court. Galanter explains his theory by categorizing litigants as either repeat players or oneshotters. Repeat players consist of litigants who generally have the most resources and the lowest relative risk, and one-shotters consist of litigants who generally have the least resources and the greatest relative risk. To test his theory, …


The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee Jan 2010

The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee

UC Law Business Journal

Recent contemporary sovereign wealth funds developments, viewed against the historical backdrop of international law and practice, particularly foreign investment law and practice, underscore the inter-action between economics, law and politics. This article first introduces the issues that have emerged as a result of sovereign wealth funds contemporary investments and observes how sovereign wealth funds and recipient countries have reacted to these developments. It proposes a model of sovereign wealth fund governance based on consultation, cooperation and coordination. This model draws on the experience of current deliberative fora such as the G20 summits and the International Working Group of Sovereign Wealth …


Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund Jan 2010

Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund

UC Law Business Journal

In January 2009, Brandeis University announced that it planned to sell off the entire art collection of the Rose Art Museum. The purpose of this Note is to compare the situation at Brandeis against three previously-suggested methods of dealing with "deaccession," the sale of artwork by museums, and to suggest a fourth, hybrid approach to deaccession. The approach takes elements of the other models, and based on the American Association of Museum's Code of Ethics for Museums, proposes a new standard. Part I gives an overview of the American Association of Museum's Code of Ethics for Museums and a brief …


Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld Jan 2010

Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld

UC Law Business Journal

While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …


Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil Jan 2010

Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil

UC Law Business Journal

The purpose of this Article is two-fold: (i) to identify the rationale for the emergence of independent directors by tracing their evolution in the U.S. and the U.K. where they originated; and (ii) to examine the transplantation of that concept into India with a view to evaluating the effectiveness of independent directors in that country. This Article finds that there are significant differences in the corporate ownership structures and legal systems between the countries of origin of independent directors on the one hand and India on the other. Due to the diffused shareholding structures in the U.S. and the U.K., …


Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz Jan 2010

Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz

UC Law Business Journal

"Bundling" and "tying" are terms commonly used to describe business practices engaged in by undertakings at every level of economic power. In nine separate instances the Court of First Instance in its Microsoft Decision held that the Commission had established Microsoft Corporation's practice of "abusive bundling"(the first time a Community Court had used the term). The CFI also upheld the Commission's findings by indiscriminately referring to them as either "tying" or "bundling" and justifying the result because it "can be deduced both from the very concept of bundling and from the case-law...". Shortly after the Commission issued its Guidance on …