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2010

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Institution
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Articles 9241 - 9270 of 11501

Full-Text Articles in Law

Mary Ann Jenkins And Gary D. Jenkins V. Advantage Pawn Rental, Dba Advantage Rental And/Or Advantage Rental & Trading Post, And Big Bubba's Trailer Mfg., Dba Big Bubba's Trailer Sales And/Or Big Bubba's Trailer Sales & Mfg., : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Mary Ann Jenkins And Gary D. Jenkins V. Advantage Pawn Rental, Dba Advantage Rental And/Or Advantage Rental & Trading Post, And Big Bubba's Trailer Mfg., Dba Big Bubba's Trailer Sales And/Or Big Bubba's Trailer Sales & Mfg., : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, STATE OF UTAH HONORABLE MICHAEL D. DIREDA


Charles F. Hale, Beverly I. Hale V. Big H. Construction, Inc. T. Dwayne Horsley V. Citimortgage, Inc. : Brief Of Appellant, Utah Court Of Appeals Jan 2010

Charles F. Hale, Beverly I. Hale V. Big H. Construction, Inc. T. Dwayne Horsley V. Citimortgage, Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLEE STEWART SEELY'S BRIEF.


Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Reply Brief, Utah Court Of Appeals Jan 2010

Columbia Hca And Zurich American Insurance V. Stewart Seely And Utah Labor Commission : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS.


State Of Utah V. Johnathan Eric Zaragoza : Brief Of Appellant, Utah Court Of Appeals Jan 2010

State Of Utah V. Johnathan Eric Zaragoza : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ORAL ARGUMENT REQUESTED Mr. Zaragoza currently is incarcerated in connection with this matter.


Cindi R. Mcpherson V. Gordon W. Mcpherson : Brief Of Appellee, Utah Court Of Appeals Jan 2010

Cindi R. Mcpherson V. Gordon W. Mcpherson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin Jan 2010

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …


China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos Jan 2010

China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Brazil is an increasingly important actor in global governance and for China specifically. Sino-Brazilian relations have deepened considerably but they remain concentrated in areas of trade and investment. There is also considerable overlap in interests between the two countries in other areas, such as diplomatic and political relations. At the same time, China must manage carefully important differences that exist over the enlargement of the UN and the potential challenge to the Brazilian industry.


Policing Prosecutors: What Role Can Appellate Courts Play?, Hon. D. Brooks Smith Jan 2010

Policing Prosecutors: What Role Can Appellate Courts Play?, Hon. D. Brooks Smith

Hofstra Law Review

No abstract provided.


A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein Jan 2010

A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein

Hofstra Law Review

No abstract provided.


Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders Jan 2010

Old Principles, New Technology, And The Future Of Notice In Newspapers, Lauren A. Rieders

Hofstra Law Review

No abstract provided.


Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer Jan 2010

Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer

Hofstra Law Review

No abstract provided.


Rhetorical Federalism: The Value State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard Jan 2010

Rhetorical Federalism: The Value State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard

Hofstra Law Review

This Article makes the affirmative case for the widespread trend of state resistance to the recently enacted, comprehensive federal health reform law, the Patient Protection and Affordable Care Act of 2010, or ACA. A significant number of states have engaged in various forms of objection to the new federal laws, including filing lawsuits against the federal government, enacting laws providing that ACA will not apply to residents of the state, and refusing to cooperate with implementing the new laws. This Article identifies reasons why those actions should not be disregarded simply as Tea Party antics or election-year gamesmanship but instead …


Health Insurance In Switzerland: A Closer Look At A System Often Offered As A Model For The United States, Rachel Kreier, Peter Zweifel Jan 2010

Health Insurance In Switzerland: A Closer Look At A System Often Offered As A Model For The United States, Rachel Kreier, Peter Zweifel

Hofstra Law Review

No abstract provided.


Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou Jan 2010

Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou

Hofstra Law Review

No abstract provided.


An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee Jan 2010

An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee

Hofstra Law Review

Few would agree that pregnancy discrimination is a tolerable by-product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive - federally funded schools. Even though Title IX was passed in 1972 to bar discrimination in school based on sex, it is quite possible for schools to discriminate based on pregnancy with little impunity. Worse, those who suffer the discrimination cannot sue for the harms they suffered in federal court, nor can they seek monetary redress, even if they were financially harmed by the discrimination.

The status of Supreme Court precedent, coupled …


Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper Jan 2010

Music Mashups: Testing The Limits Of Copyright Law As Remix Culture Takes Society By Storm, Emily Harper

Hofstra Law Review

No abstract provided.


The Personal, The Political, And Race, Jeannine Bell Jan 2010

The Personal, The Political, And Race, Jeannine Bell

Articles by Maurer Faculty

This essay is a response to Richard Lempert’s Law & Society Association Presidential Address.


The Case For Social Rights, Virginia Mantouvalou Jan 2010

The Case For Social Rights, Virginia Mantouvalou

Georgetown Law Faculty Publications and Other Works

This is part of the book Debating Social Rights (Oxford, Hart Publishing, 2010) where I am making the case for social rights and Professor Conor Gearty (LSE) is making the case against social rights. This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies. The …


The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler Jan 2010

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Faculty Articles

No abstract provided.


Intellectual Property's Need For A Disability Perspective, Eric E. Johnson Jan 2010

Intellectual Property's Need For A Disability Perspective, Eric E. Johnson

Faculty Articles

This Article approaches intellectual property law from a critical-disability theory perspective. It argues that, in specific instances, courts have gotten the law wrong because of a failure to take into account the perspective of persons with disabilities. In the context of law, and intellectual property law in particular, confronting those differences means taking into account a disability perspective even where all the parties in a given case are not disabled and where the dispute does not directly implicate issues of disability. This sua sponte accounting is necessary because intellectual property cases have the effect of defining rights that extend far …


Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner Jan 2010

Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.


Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang Jan 2010

Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang

Sabin Center for Climate Change Law

The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …


Copyright's First Compulsory License, Howard B. Abrams Jan 2010

Copyright's First Compulsory License, Howard B. Abrams

Santa Clara High Technology Law Journal

No abstract provided.


The 1909 Copyright Act In International Context, Daniel Gervais Jan 2010

The 1909 Copyright Act In International Context, Daniel Gervais

Santa Clara High Technology Law Journal

No abstract provided.


The Evolving Role Of For Profit Use In Copyright Law: Lessons From The 1909 Act, Lydia Loren Jan 2010

The Evolving Role Of For Profit Use In Copyright Law: Lessons From The 1909 Act, Lydia Loren

Santa Clara High Technology Law Journal

No abstract provided.


Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa Jan 2010

Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.


Relief For Ip Rights Infringement Is Primarily Equitable: How American Legal Education Is Short-Changing The 21st Century Corporate Litigator, Charles E. Rounds Jr. Jan 2010

Relief For Ip Rights Infringement Is Primarily Equitable: How American Legal Education Is Short-Changing The 21st Century Corporate Litigator, Charles E. Rounds Jr.

Santa Clara High Technology Law Journal

No abstract provided.


Prospectively Curing Inequitable Conduct Through Reissue: Reconsidering A Well-Settled Principle, Daniel A. Klein Jan 2010

Prospectively Curing Inequitable Conduct Through Reissue: Reconsidering A Well-Settled Principle, Daniel A. Klein

Santa Clara High Technology Law Journal

No abstract provided.


Finding The Patent Infringement Mastermind: The Control Or Direction Standard For Joint Infringement, Keith Jaasma Jan 2010

Finding The Patent Infringement Mastermind: The Control Or Direction Standard For Joint Infringement, Keith Jaasma

Santa Clara High Technology Law Journal

No abstract provided.