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2012

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Articles 11281 - 11310 of 13468

Full-Text Articles in Law

The Case Against Statutory Menus In Corporate Law, Daniel M. Häusermann Jan 2012

The Case Against Statutory Menus In Corporate Law, Daniel M. Häusermann

UC Law Business Journal

The author challenges the view among corporate law scholars that state legislatures should enact menus of predefined statutory rules from which corporations may select the governance terms of their choice. The private sector has produced menus of contract terms, such as standard form contracts and model documents, long before the idea of statutory menus became fashionable. There is no evidence that the market for private menus has failed, and legislatures are unlikely to be efficient menu producers. Advocates of statutory menus have suggested a number of rationales, most notably considerations based on transaction costs, network and learning effects, bounded attention, …


Fair Copyright Litigation: The Reverse Class Action Lawsuit, Brian Noh Jan 2012

Fair Copyright Litigation: The Reverse Class Action Lawsuit, Brian Noh

UC Law Business Journal

By some estimates, more than 40 billion songs were downloaded illegally in 2008. In recent years, some copyright holders seeking to curtail copyright infringement have filed thousands of claims against individual end-users and peer-to-peer network operators. The resulting scenario, in some instances, has required plaintiffs to prepare settlement strategies against thousands of individual defendants who are often ill equipped to deal with such suits. This note addresses the inability of the copyright law regime to resolve such scenario, one of the growing problems of the information age. Specifically, the author proposes that the solution to these problems is found in …


The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline Jan 2012

The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline

Journal of Law, Technology, & the Internet

No abstract provided.


Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda Jan 2012

Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda

Richmond Journal of Law and the Public Interest

However, this essay suggests a different, or additional, approach. Rather than focusing on the many barriers to equality originating from others, this essay focuses on women's power to forge equality. Some of this power is cloaked, unharnessed, and underutilized. This essay is intended to challenge women to reconstitute the power of motherhood as a means of transforming not only families, but also law and society. This essay suggests the power of women to be mothering teachers and teaching mothers. Women have a choice, even an affirmative duty, to unharness their power to facilitate change and shape a status quo of …


Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Jan 2012

Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin

Richmond Journal of Law and the Public Interest

This article examines the potential effects of failing to preserve or produce evidence in the child welfare tort context. Section Two provides an overview of the record-keeping policies and practices in child protective systems throughout the country. It also describes the toll that civil litigation has taken on these systems because of negligent care of children. Section Three explains spoliation and its civil and criminal ramifications in other contexts. Section Four analyzes the effects that missing records have on child welfare torts. Section Five discusses best practices for attorneys and courts in addressing spoliation in child welfare tort litigation. Section …


Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner Jan 2012

Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner

Richmond Journal of Law and the Public Interest

On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …


Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier Jan 2012

Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier

Richmond Journal of Law and the Public Interest

While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.


Faculty Jan 2012

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.


Fernando Orosco V. Clinton City : Brief Of Appellant, Utah Court Of Appeals Jan 2012

Fernando Orosco V. Clinton City : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Brigette Jeanne Cook V. Lon Arden Cook : Reply Brief, Utah Court Of Appeals Jan 2012

Brigette Jeanne Cook V. Lon Arden Cook : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Findings of Fact Conclusions of Law and Decree of Divorce of the First Judicial District Court of Box Elder County, State of Utah, The Honorable Ben Hadfield, Judge Presiding.


Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appelles Michael J. Ostermiller, Sandra Hoover, And Northern Wasatch Association Of Realtors., Utah Court Of Appeals Jan 2012

Douglas Bates V. Utah Association Of Realtors; Christopher Kyler; Charles Smalley; Salt Lake Board Of Realtors; Northern Wasatch Association Of Realtors; Wasatch Front Regional Mls; Bryan R. Kohler; Michael J. Ostermiller; Jillinda Bowers; Brady Long Dba Equity Real Estate; Thomas Johnson; Randall Wall; Sandra Hoover; And Does 1-60 Inclusive : Reply Brief Of Appelles Michael J. Ostermiller, Sandra Hoover, And Northern Wasatch Association Of Realtors., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah The Honorable John Paul Kennedy, District Court Judge


Bates V. Utah Association Of Realtors : Brief Of Appellee, Utah Court Of Appeals Jan 2012

Bates V. Utah Association Of Realtors : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Peak Alarm Company V. Salt Lake City Corp : Reply Brief, Utah Court Of Appeals Jan 2012

Peak Alarm Company V. Salt Lake City Corp : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal From the Third Judicial District Court, In and For Salt Lake County, State of Utah, Case No. 050906433


Utah V. Epps : Brief Of Appellant, Utah Court Of Appeals Jan 2012

Utah V. Epps : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


On Madison, Muslims, And The New York City Police Department, Eric Lane Jan 2012

On Madison, Muslims, And The New York City Police Department, Eric Lane

Hofstra Law Review

In the years before and after the ratification of the United States Constitution, James Madison offered, unsuccessfully, the view that a formal bill of rights would not safeguard individual liberties in the face of excessive federal power or the failure of the system of checks and balances. An examination of New York City Police Department (“NYPD”) treatment of Muslim-Americans in the years following the September 11, 2001 (“9/11”) attacks reveals the wisdom of Madison’s prediction. Since 9/11, the NYPD has espoused the view that the only way to prevent future terrorist attacks is to closely monitor Muslim communities, in case …


End Matter Hlr 40(3) Jan 2012

End Matter Hlr 40(3)

Hofstra Law Review

No abstract provided.


Executing Equity: The Broad Judicial Discretion To Stay The Execution Of Death Sentences, Rebecca R. Sklar Jan 2012

Executing Equity: The Broad Judicial Discretion To Stay The Execution Of Death Sentences, Rebecca R. Sklar

Hofstra Law Review

No abstract provided.


Families Now: What We Don't Know Is Hurting Us, Judith T. Younger Jan 2012

Families Now: What We Don't Know Is Hurting Us, Judith T. Younger

Hofstra Law Review

No abstract provided.


Front Matter Hlr 40(4) Jan 2012

Front Matter Hlr 40(4)

Hofstra Law Review

No abstract provided.


The Rise Of Institutional Law Practice, Thomas D. Morgan Jan 2012

The Rise Of Institutional Law Practice, Thomas D. Morgan

Hofstra Law Review

For generations, the legal profession has assumed that only individual lawyers practice law. Ethical standards have been largely, if not exclusively, directed at individuals, and practice organizations have been regulated to prevent limiting individual lawyer professional judgment. The world in which lawyers now practice makes the individualized model obsolete. The complexity of modern law narrows the breadth of any individual lawyer's practice and makes law firms and other practice organizations inevitable. Firms, in turn, must maintain both ethical compliance and a high level of service quality that is inconsistent with lawyers behaving idiosyncratically. The article explores these developments and suggests …


A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino Jan 2012

A Prescription For Excess: Using Prescriptive Comity To Limit The Extraterritorial Reach Of The Sherman Act, Stephen D. Piraino

Hofstra Law Review

No abstract provided.


Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris Jan 2012

Intervention Of Right In Judicial Proceedings To Review Informal Federal Rulemaking, Michael Ray Harris

Hofstra Law Review

The codification of the Federal Rules of Civil Procedure in 1938 (the “Federal Rules”) created not only a more transactional approach to litigation, but also the flexible party structure that was necessary for “public law litigation” to flourish. Indeed, many argue that intervention by non-parties in public law cases is essential to ensure that the court can hear from and protect the wide range of interests likely to be impacted by its decision. This Article seeks to make a case for limiting intervention as of right in a specific subset of public law proceedings –– those brought to review the …


The First Amendment Is An Information Policy, Jack M. Balkin Jan 2012

The First Amendment Is An Information Policy, Jack M. Balkin

Hofstra Law Review

This essay, based on the 20th annual Hugo Black lecture at Wesleyan University, argues that we should think about individual liberties of freedom of speech, press, and assembly not in isolation, but in the larger context of policies for the spread and growth of knowledge andinformation.

Although we normally think about the First Amendment as an individual right, we should also see it as an integral part of a knowledge and information policy for a democratic state. That is because the practical ability to speak rests on an infrastructure of free expression that involves a wide range of institutions, statutory …


End Matter 41(1) Jan 2012

End Matter 41(1)

Hofstra Law Review

No abstract provided.


Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher Jan 2012

Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher

Hofstra Law Review

Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …


Redrawing The Electoral Map: Reforming The Electoral College With The District-Popular Plan, Craig J. Herbst Jan 2012

Redrawing The Electoral Map: Reforming The Electoral College With The District-Popular Plan, Craig J. Herbst

Hofstra Law Review

No abstract provided.


Just Scratching The Surface: How Epa Denied Renewable Energy Developers The Liability Protection They Need To Repower America's Contaminated Land, Jonathan J. Nasca Jan 2012

Just Scratching The Surface: How Epa Denied Renewable Energy Developers The Liability Protection They Need To Repower America's Contaminated Land, Jonathan J. Nasca

Hofstra Law Review

No abstract provided.


Treaty Signature, Curtis Bradley Jan 2012

Treaty Signature, Curtis Bradley

Book Sections

No abstract provided.


"All Muslims Are Like That": How Islamophobia Is Diminishing Americans' Right To Receive Information, Tiffani B. Figueroa Jan 2012

"All Muslims Are Like That": How Islamophobia Is Diminishing Americans' Right To Receive Information, Tiffani B. Figueroa

Hofstra Law Review

No abstract provided.


First Department Adopts Zubulake In The Electronic Discovery Context, Justice Sallie Manzanet-Daniels Jan 2012

First Department Adopts Zubulake In The Electronic Discovery Context, Justice Sallie Manzanet-Daniels

Hofstra Law Review

No abstract provided.