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2010

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Articles 9451 - 9480 of 11501

Full-Text Articles in Law

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton Jan 2010

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton

South Carolina Journal of International Law and Business

No abstract provided.


Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act, Matthew Nickles Jan 2010

Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act, Matthew Nickles

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents - Issue 1 Jan 2010

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.


Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs Jan 2010

Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs

South Carolina Journal of International Law and Business

No abstract provided.


The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform, Beckett G. Cantley Jan 2010

The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform, Beckett G. Cantley

South Carolina Journal of International Law and Business

No abstract provided.


Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson Jan 2010

Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson

South Carolina Journal of International Law and Business

No abstract provided.


Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh Jan 2010

Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein Jan 2010

Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein

Articles by Maurer Faculty

Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing if the accused intentionally rendered the declarant unavailable.

This …


The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt Jan 2010

The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi Jan 2010

Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah Jan 2010

Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs Jan 2010

Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine Jan 2010

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, Lauren A. Lindsey Jan 2010

Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, Lauren A. Lindsey

Oklahoma Law Review

No abstract provided.


No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia E. Salkin Jan 2010

No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia E. Salkin

Scholarly Works

This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decision-making, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.


Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin Jan 2010

Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin

Scholarly Works

Observing that a disproportionate number of reported cases highlighted inn the Law of the Land blog (www.lawoftheland.wordpress.com) are opinions addressing the subject of nonconforming uses, this column attempts to unravel some of the legal issues that stem from poor drafting of these provisions in zoning regulations, and demonstrates options for practitioners and drafters to better regulate for the eventual disappearance of nonconformities.


"Doctor, I'M Pregnant And Fifteen--I Can't Tell My Parents--Please Help Me:" Minor Consent, Reproductive Rights, And Ethical Principles For Physicians, Dean J. Haas Jan 2010

"Doctor, I'M Pregnant And Fifteen--I Can't Tell My Parents--Please Help Me:" Minor Consent, Reproductive Rights, And Ethical Principles For Physicians, Dean J. Haas

North Dakota Law Review

No abstract provided.


All's Fair In Love And War: But What About In Divorce? The Fairness Of Property Division In American And English Big Money Divorce Cases, Margaret Ryznar Jan 2010

All's Fair In Love And War: But What About In Divorce? The Fairness Of Property Division In American And English Big Money Divorce Cases, Margaret Ryznar

North Dakota Law Review

No abstract provided.


The Law As Justification: A Critical Rationalist Analysis, Michael F. Duggan Jan 2010

The Law As Justification: A Critical Rationalist Analysis, Michael F. Duggan

North Dakota Law Review

No abstract provided.


An Introduction To Native America: The Experience Of A Russian Lawyer, Ruslan Garipov Jan 2010

An Introduction To Native America: The Experience Of A Russian Lawyer, Ruslan Garipov

North Dakota Law Review

No abstract provided.


Putting A Price On Child Porn: Requiring Defendants Who Possess Child Pornography Images To Pay Restitution To Child Pornography Victims, Ashleigh Boe Jan 2010

Putting A Price On Child Porn: Requiring Defendants Who Possess Child Pornography Images To Pay Restitution To Child Pornography Victims, Ashleigh Boe

North Dakota Law Review

No abstract provided.


Mental Health--Sex Offenders: The North Dakota Supreme Court Contemplates The Use Of Self-Incriminating Statements While Denying A Petition For Discharge, Paul J. Gunderson Jan 2010

Mental Health--Sex Offenders: The North Dakota Supreme Court Contemplates The Use Of Self-Incriminating Statements While Denying A Petition For Discharge, Paul J. Gunderson

North Dakota Law Review

In re G.R.H., 2008 ND 222, 758 N.W.2d 719
In In re G.R.H., the North Dakota Supreme Court affirmed the trial court’s order rejecting G.R.H.’s petition for discharge from commitment as a sexually dangerous individual. G.R.H.’s previous criminal history, his confessions during treatment, his diagnosis of anti-social personality disorder and sexual attraction to adolescents, and his lack of self-control satisfied the definition of a sexually dangerous individual. G.R.H. disclosed he had contact with previously unknown adolescent victims during a homework exercise and polygraph at a treatment center. In her concurrence, Justice Kapsner labeled these disclosures as self-incriminating statements. …


Improving The Law Through Codification: Adoption Of The Uniform Trust Code In North Dakota, Kirsten Franzen, Bradley Myers Jan 2010

Improving The Law Through Codification: Adoption Of The Uniform Trust Code In North Dakota, Kirsten Franzen, Bradley Myers

North Dakota Law Review

No abstract provided.


Civil Procedure—Pleading: The United States Supreme Court Revisits The Pleading Standard Under Bell Atlantic Corp. V. Twombly, Making Surviving A Motion To Dismiss More Difficult, Benjamin J. Williams Jan 2010

Civil Procedure—Pleading: The United States Supreme Court Revisits The Pleading Standard Under Bell Atlantic Corp. V. Twombly, Making Surviving A Motion To Dismiss More Difficult, Benjamin J. Williams

North Dakota Law Review

Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)
In Ashcroft v. Iqbal, the United States Supreme Court held Javaid Iqbal failed to state a claim for Bivens liability against former United States Attorney General John Ashcroft and former Federal Bureau of Investigation Director Robert Mueller. Iqbal was arrested and detained in the United States as a person of high interest in the wake of the September 11, 2001, terrorist attacks. While in custody, Iqbal claimed he suffered both physical and verbal abuse. Upon his release, Iqbal filed a Bivens action against several United States officials, including Ashcroft and …


Products Liability—Conflict Preemption: The United States Supreme Court Denies Preemption Defense For Drug Manufacturers Using Fda-Approved Warning Labels, Charlotte J. Skar Jan 2010

Products Liability—Conflict Preemption: The United States Supreme Court Denies Preemption Defense For Drug Manufacturers Using Fda-Approved Warning Labels, Charlotte J. Skar

North Dakota Law Review

Wyeth v. Levine, 129 S. Ct. 1187 (2009)


Proceedings Of The One Hundred Eleventh Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association Jan 2010

Proceedings Of The One Hundred Eleventh Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.


A Need For Clarification: North Dakota's Abandoned Mineral Statute, Sara K. Sorenson Jan 2010

A Need For Clarification: North Dakota's Abandoned Mineral Statute, Sara K. Sorenson

North Dakota Law Review

No abstract provided.


Filling The Gap: Addressing The Potential Impact Of North Dakota Adopting Legislation Creating A New Entity— The Low Profit Limited Liability Company, Mark R. Krogstad Jan 2010

Filling The Gap: Addressing The Potential Impact Of North Dakota Adopting Legislation Creating A New Entity— The Low Profit Limited Liability Company, Mark R. Krogstad

North Dakota Law Review

No abstract provided.


Property Exempt From Process—How House Bill 1039 Updated And Clarified North Dakota's Outdated Exemption Scheme, And A Call For Further Reform, Sara Monson Jan 2010

Property Exempt From Process—How House Bill 1039 Updated And Clarified North Dakota's Outdated Exemption Scheme, And A Call For Further Reform, Sara Monson

North Dakota Law Review

No abstract provided.


Schools—Handicapped Children: The United States Supreme Court Rules That The 1997 Amendments To Individuals With Disabilities Education Act Do Not Categorically Bar Tuition Reimbursement For Unilateral Private-School Placements, Dennis Ingold Jan 2010

Schools—Handicapped Children: The United States Supreme Court Rules That The 1997 Amendments To Individuals With Disabilities Education Act Do Not Categorically Bar Tuition Reimbursement For Unilateral Private-School Placements, Dennis Ingold

North Dakota Law Review

Forest Grove School District v. T.A., 129 S. Ct. 2484 (2009)In Forest Grove School District v. T.A., the United States Supreme Court held the 1997 Amendments to the Individuals with Disabilities Education Act (IDEA) do not mandate that a child must have received special education or related services under the authority of a public agency to be eligible to receive tuition reimbursement for a placement in private school. Allowing school districts to avoid reimbursing parents for the cost of their child’s private special education by claiming the child never received special education in public school would create a perverse incentive …