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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
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
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
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
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
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
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
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.
Fernando Orosco V. Clinton City : Brief Of Appellant, Utah Court Of Appeals
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
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
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
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
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
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
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 …
Executing Equity: The Broad Judicial Discretion To Stay The Execution Of Death Sentences, Rebecca R. Sklar
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
Families Now: What We Don't Know Is Hurting Us, Judith T. Younger
Hofstra Law Review
No abstract provided.
The Rise Of Institutional Law Practice, Thomas D. Morgan
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
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
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
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 …
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
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
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
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
"All Muslims Are Like That": How Islamophobia Is Diminishing Americans' Right To Receive Information, Tiffani B. Figueroa
"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
First Department Adopts Zubulake In The Electronic Discovery Context, Justice Sallie Manzanet-Daniels
Hofstra Law Review
No abstract provided.