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Articles 1681 - 1710 of 11711
Full-Text Articles in Law
Articles, North Carolina Law Review
Comments, North Carolina Law Review
Authors, North Carolina Law Review
A Normative Theory Of The Clean Hands Defense, Ori J. Herstein
A Normative Theory Of The Clean Hands Defense, Ori J. Herstein
Cornell Law Faculty Publications
What is the clean hands defense (CHD) normatively about? Courts designate court integrity as the CHD’s primary norm. Yet, while the CHD may at times further court integrity it is not fully aligned with court integrity. In addition to occasionally instrumentally furthering certain goods (e.g., court legitimacy, judge integrity, deterrence), the CHD embodies two judicially undetected norms: retribution and tu quoque (“you too!”). Tu quoque captures the moral intuition that wrongdoers are in no position to blame, condemn, or make claims on others who are guilty of similar or related wrongdoing. The CHD shares the structure of the tu quoque: …
Representation Through Participation: A Multilevel Analysis Of Jury Deliberations, Erin York Cornwell, Valerie P. Hans
Representation Through Participation: A Multilevel Analysis Of Jury Deliberations, Erin York Cornwell, Valerie P. Hans
Cornell Law Faculty Publications
Fully participatory jury deliberations figure prominently in the idealized view of the American jury system, where balanced participation among diverse jurors leads to more accurate fact-finding and instills public confidence in the legal system. However, research more than 50 years ago indicated that jury-room interactions are shaped by social status, with upper-class men participating more than their lower-class and female counterparts. The effects of social status on juror participation have been examined only sporadically since then, and rarely with actual jurors. We utilize data from 2,189 criminal jurors serving on 302 juries in four jurisdictions to consider whether—and in what …
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel
Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel
Cornell Law Faculty Publications
One who shared Hauerwas's theological commitments might find it difficult to serve as a lawyer, given that the principles of legal ethics are grounded in the kind of political liberalism that Hauerwas finds repellent. For example, Stephen Pepper's well known liberal defense of the standard conception of legal ethics pretty much pushes all of the buttons that set off Hauerwas. Pepper argues that while the law necessarily imposes restrictions on what we may do, but no one else is empowered to place restrictions on our autonomy. In a complex, highly legalistic society, however, citizens are necessarily required in some cases …
The Subprime Virus: Reckless Credit, Regulatory Failure, And Next Steps, By K Engel, P Mccoy [Book Review], David J. Reiss
The Subprime Virus: Reckless Credit, Regulatory Failure, And Next Steps, By K Engel, P Mccoy [Book Review], David J. Reiss
Cornell Law Faculty Publications
No abstract provided.
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
The (Final) Anti-Counterfeiting Trade Agreement (Acta): Ruthless Or Toothless?, Tammy W. Cowart
The (Final) Anti-Counterfeiting Trade Agreement (Acta): Ruthless Or Toothless?, Tammy W. Cowart
Accounting, Finance, Information Systems, and Business-Law Faculty Publications and Presentations
This paper will discuss several provisions of ACTA and its intersection with U. S. copyright law. Section II will discuss general provisions of copyright law, section III will address the various international intellectual property law treaties, and section IV will discuss three main areas addressed by ACTA: criminal liability, internet service providers, and technological protection measures. Section IV will also discuss how these areas conflict with or advance U.S. copyright law.
Patriotism And Taxation: The Tax Compliance Implications Of The Tea Party Movement, Richard Lavoie
Patriotism And Taxation: The Tax Compliance Implications Of The Tea Party Movement, Richard Lavoie
Loyola of Los Angeles Law Review
Given the rise of the tea party movement, which draws strength from the historical linkage between patriotism and tax protests in the United States, the role of patriotism as a general tax compliance factor is examined in light of the extant empirical evidence. The existing research suggests that patriotism may be a weaker tax compliance factor in the United States than it is elsewhere. In light of this possibility, the tea party movement has the potential to weaken this compliance factor even more. Further, when considered in light of the broader tax morale factors that contribute to tax compliance, the …
On The Leiter Side: Developing A Universal Assessment Tool For Measuring Scholarly Output By Law Professors And Ranking Law Schools, Robert Steinbuch
On The Leiter Side: Developing A Universal Assessment Tool For Measuring Scholarly Output By Law Professors And Ranking Law Schools, Robert Steinbuch
Loyola of Los Angeles Law Review
With varying results, many scholars and commentators have focused their attention on judging the quality of law professors, as measured by their scholarly output. First, this Article explains the methods respectively developed by Brian Leiter and Roger Williams University School of Law for top-tier and second-tier law schools, and it considers other works of scholarship that measure academic publication. Then, this Article explicates a protocol (the “Protocol”) for measuring all of the scholarly output of any law school faculty member. Building on the Leiter and Roger Williams methods, the expanded Protocol accounts for a wider breadth of faculty publications and …
Economic Boycotts As Harassment: The Threat To First Amendment Protected Speech In The Aftermath Of Doe V. Reed, Elian Dashev
Economic Boycotts As Harassment: The Threat To First Amendment Protected Speech In The Aftermath Of Doe V. Reed, Elian Dashev
Loyola of Los Angeles Law Review
The recent U.S. Supreme Court case of Doe v. Reed called into question the effectiveness and, potentially, the legitimacy of the economic boycott as a tool to counteract the influence of Major Political Players in the electoral process—despite the protection that such boycotts have been afforded historically under the First Amendment. The holding in the case was very narrow: the Court deemed constitutional as a general matter the compelled disclosure of the names of the supporters of a referendum. However, in dicta, the Court acknowledged that disclosure could be subject to an as-applied challenge if there were a reasonable probability …
Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Moot Court: United States V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: United States V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …
Running On Empty: The Problem With Politicians And Stealing (Music), Maral Vahdani
Running On Empty: The Problem With Politicians And Stealing (Music), Maral Vahdani
Loyola of Los Angeles Entertainment Law Review
This Comment explores the legal issues arising from unauthorized use of musical compositions during political campaigns and rallies. Focusing on John McCain’s use of Jackson Brown’s song “Running on Empty” during his political campaign, the article examines why such uses are problematic and proposes remedies for preventing future unauthorized use.
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
"Patient Capital": Can Delaware Corporate Law Help Revive It?, Jack B. Jacobs
"Patient Capital": Can Delaware Corporate Law Help Revive It?, Jack B. Jacobs
Washington and Lee Law Review
No abstract provided.
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Washington and Lee Law Review
On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …
Efficient Uncertainty In Patent Interpretation, Harry Surden
Efficient Uncertainty In Patent Interpretation, Harry Surden
Washington and Lee Law Review
Research suggests that widespread uncertainty over the scopes of issued patents creates significant costs for third-party firms and may decrease innovation. This Article addresses the scope uncertainty issue from a theoretical perspective by creating a model of patent claim scope uncertainty. It is often difficult for third parties to determine the legal coverage of issued patents. Scope underdetermination exists when the words of a patent claim are capable of a broad range of plausible scopes ex ante in light of the procedures for interpreting patents. Underdetermination creates uncertainty about claim coverage because a lay interpreter cannot know which interpretation will …
Terror Cats: Tria’S Failure To Encourage A Private Market For Terrorism Insurance And How Federal Securitization Of Terrorism Risk May Be A Viable Alternative, Andrew Gerrish
Washington and Lee Law Review
No abstract provided.
Credit Rating Agencies Deserve Credit For The 2007–2008 Financial Crisis: An Analysis Of Cra Liability Following The Enactment Of The Dodd-Frank Act, Steven Harper
Washington and Lee Law Review
No abstract provided.
United States V. Textron: The Right Answer To A Billion-Dollar Question, Ned Hillenbrand
United States V. Textron: The Right Answer To A Billion-Dollar Question, Ned Hillenbrand
Washington and Lee Law Review
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.