Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2011

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 9961 - 9990 of 11711

Full-Text Articles in Law

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand Jan 2011

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand

Journal of Law and Health

This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.


Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris Jan 2011

Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris

Journal of Law and Health

In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …


Organ Conscription: How The Dead Can Save The Living, David Schwark Jan 2011

Organ Conscription: How The Dead Can Save The Living, David Schwark

Journal of Law and Health

This Note will examine the failures of uncompensated and voluntary donation and argue that the only way to meet our country's organ needs is to make donation mandatory. Part II of this Note examines the history of voluntary organ donation in the United States. This history describes the evolution of organ donation laws from the first transplant until the present day. Part II also details the consequences and shortcomings of the current system. Part III examines three other proposed solutions to the organ deficit. These possible solutions include routine requests, an organ market, and presumed consent. However, none of these …


To Tow Or Not To Tow: The Deterrence Effect Of A Municipal Ordinance, Alexia Brunet Marks, Ronald J. Allen Jan 2011

To Tow Or Not To Tow: The Deterrence Effect Of A Municipal Ordinance, Alexia Brunet Marks, Ronald J. Allen

Publications

We examine the natural experiment caused by amendments to the City of Waukegan vehicular code adding mandatory impoundment and towing of vehicles for certain ticketed behavior. Multivariable negative binomial regression models were used to evaluate the relationship between tickets and accidents and implementation of the legislation while adjusting for the number of registered drivers and time. The legislation led to a 39% reduction in the total number of tickets, 55% reduction in the number of tickets for the four towable offenses, and a 37% reduction in accidents. Accidents to property decreased 39%, tickets decreased 39% for driving with a suspended/revoked …


An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski Jan 2011

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski

Publications

No abstract provided.


Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said Jan 2011

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

Publications

No abstract provided.


The Difficult With Regulating Network Neutrality, Eric Null Jan 2011

The Difficult With Regulating Network Neutrality, Eric Null

Cardozo Arts & Entertainment Law Journal

No abstract provided.


East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil Jan 2011

East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil

Cardozo Journal of Conflict Resolution

As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral …


Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein Jan 2011

Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman Jan 2011

Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of restitution liability to include possessors of child pornography, arguing that their actions cause distinct and ongoing harm to victims. It emphasizes that each possession or download revictimizes the child, invades their privacy, and perpetuates the market for such material, thus necessitating legal accountability and compensation.


Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T V. Hulteen, Polina Zhong Jan 2011

Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne Jan 2011

Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.


Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger Jan 2011

Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger

Journal of Dispute Resolution

This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.


Table Of Contents - Issue 1 Jan 2011

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.


Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel Jan 2011

Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel

Journal of Dispute Resolution

This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, wellbeing, and dignity.


Japan's Business Revitalization Adr: An Economic Savior Or A Convenient Excuse To Avoid Bankruptcy?, Naoko Okamoto Jan 2011

Japan's Business Revitalization Adr: An Economic Savior Or A Convenient Excuse To Avoid Bankruptcy?, Naoko Okamoto

Cardozo Journal of Conflict Resolution

This Note analyzes Japan's newly enacted "Business Revitalization Alternative Dispute Resolution" (ADR) and its effectiveness in revitalizing the Japanese economy. Due to ADR's economic and procedural ease, Business Revitalization ADR has been employed by companies undergoing revitalization processes and negotiating with creditors in extending debt payments. Nonetheless, ADR proceedings, specifically mediation between creditors and debtors, create only short-term economic value. Because of cultural characteristics of mediation and the nature of mediation in the business context in Japan, Business Revitalization ADR may be subject to abuse by companies that should have gone bankrupt. In fact, many companies may save themselves from …


Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen Jan 2011

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Moving Beyond New Kids And Century 21: A New Test For Nominative Fair Use In The Domain Name Context, Robert Isabella Jan 2011

Moving Beyond New Kids And Century 21: A New Test For Nominative Fair Use In The Domain Name Context, Robert Isabella

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla Jan 2011

Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla

Cardozo Arts & Entertainment Law Journal

No abstract provided.


As Good As New: Conserving Artwork And The Destruction Of Moral Rights, Nathan M. Davis Jan 2011

As Good As New: Conserving Artwork And The Destruction Of Moral Rights, Nathan M. Davis

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan Jan 2011

A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan

Cardozo Journal of Conflict Resolution

This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …


After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim Jan 2011

After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim

Cardozo Journal of Conflict Resolution

This Note argues that the ECJ's West Tankers decision to ban an anti-suit injunction in Europe, coupled with the recent European Commission's reform proposals to govern arbitration within the jurisdictional framework of the Brussels Regulation No. 44/ 2001 ("Brussels Regulation"), directly clash with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and practically amount to a blanket rule that bars English courts from upholding arbitration agreements.


Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg Jan 2011

Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg

Cardozo Journal of Conflict Resolution

Arbitration, as a favored alternative to court systems, finds its validity in both state and federal law. The Federal Arbitration Act ("FAA") was enacted in 1925 unopposed, reflecting a strong favored alternative by the federal government to the Article III courts. This presumption was established in Section 2 of the FAA, which provides that contracts that include an arbitration clause "shall be valid, irrevocable, and enforceable" unless a court finds "grounds as exist at law or in equity for the revocation of any contract [or clause]."


How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein Jan 2011

How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert Jan 2011

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg Jan 2011

Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1 Jan 2011

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori Jan 2011

Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Silence And Postmodern Copyright, Matt Williams Jan 2011

Silence And Postmodern Copyright, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.