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Articles 11431 - 11460 of 13468
Full-Text Articles in Law
Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine, Patrick Lightfoot
Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine, Patrick Lightfoot
Catholic University Law Review
No abstract provided.
Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims, Charles W. Garrison
Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims, Charles W. Garrison
Catholic University Law Review
No abstract provided.
Welcome, Robert Schapiro
Welcome, Robert Schapiro
Emory Bankruptcy Developments Journal
To mark the occasion of the Emory Bankruptcy Developments Journal Ninth Annual Symposium, Dean Robert Schapiro gave a rousing welcome to the audience and highlighted the Stern v. Marshall case that is being presented in one the symposium panels.
A Man Of Many Firsts: John H.A. Whitman, Beth Gelroth Klein
A Man Of Many Firsts: John H.A. Whitman, Beth Gelroth Klein
1925–1942: John H.A. Whitman
John H.A. Whitman, appointed by Dean Thomas Konop in 1925, served as the first law librarian at Notre Dame Law School. In 1946 he left the university to teach and establish the library at the newly formed King's College in Wilkes-Barre, Pennsylvania. He retired from teaching in 1958 but continued as the Director of the Evening Session until his death in 1962.
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, Judith Royster
Tribal Energy Development: Renewables And The Problem Of The Current Statutory Structures, Judith Royster
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Scholarly Works
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
The Role Of Defense Counsel In Ensuring A Fair Justice System, Richard Klein
The Role Of Defense Counsel In Ensuring A Fair Justice System, Richard Klein
Scholarly Works
Supreme Court decisions are replete with statements about how crucial it is to have a defense attorney represent the person who is accused of crime. Defense counsel may accurately be considered law enforcers. While representing a lone individual against all the power of the state, counsel must “police the police” to determine if there has been an unconstitutional search, a coerced confession, an unlawfully suggestive lineup, or the fabrication of testimony. Defense counsel must attempt to ensure that the prosecutor is adhering to the professional requirement not merely to convict, but to do justice and comply with his obligations to …
Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo
Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo
Scholarly Works
This Article considers how the idea of human dignity has shaped, and been shaped by, recent bioethical debates, particularly concerning the issue of genetic engineering and enhancement. While the language of human dignity has long had a role in bioethics, the issue of genetic manipulation has raised anew fundamental questions about the nature of personhood and the meaning of dignity. Particular attention is given to Ronald Green’s “Babies by Design,” George Kateb's “Human Dignity,” Gilbert Meilaender's “Neither Beast Nor God: The Dignity of the Human Person,” Robert George's and Christopher Tollefsen's “Embryo: A Defense of Human Life,” Michael Sandel’s “The …
The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach, Daniel E. Walters
The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach, Daniel E. Walters
Michigan Law Review
The Federal Advisory Committee Act's requirement that advisory committees be "fairly balanced in terms of the points of view represented and the functions to be performed" is generally considered either nonjusticiable under the Administrative Procedure Act or justiciable but subject to highly deferential review. These approaches stem from courts' purported inability to discern from the text of the statute any meaningful legal standards for policing representational balance. Thus, the Federal Advisory Committee Act's most important substantive limitation on institutional pathologies such as committee "capture" or domination is generally unused despite the ubiquity of federal advisory committees in the modern regulatory …
Detention Debates, Deborah N. Pearlstein
Detention Debates, Deborah N. Pearlstein
Michigan Law Review
Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …
Context And Trivia, Samuel Brenner
Context And Trivia, Samuel Brenner
Michigan Law Review
My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …
Law As Science: Revisiting Langdell's Paradigm In The 21st Century, Nancy Cook
Law As Science: Revisiting Langdell's Paradigm In The 21st Century, Nancy Cook
North Dakota Law Review
No abstract provided.
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson
North Dakota Law Review
No abstract provided.
Striking A Fair Balance: Extended Juvenile Jurisdiction In North Dakota, Jennifer Albaugh, Haley Wamstad
Striking A Fair Balance: Extended Juvenile Jurisdiction In North Dakota, Jennifer Albaugh, Haley Wamstad
North Dakota Law Review
No abstract provided.
Who Are My Real Mommy And Daddy? Third Party Child Custody Determinations And The Need For Legislative Guidance In North Dakota With This Policy-Laden Area Of Law, John Schroeder
North Dakota Law Review
No abstract provided.
Workers' Compensation – Injuries Arising Out Of And In The Course Of Employment: The North Dakota Supreme Court Rejects The Positional Risk Doctrine In Cases Of Unexplained Falls At Work, Elizabeth Alvine
North Dakota Law Review
No abstract provided.
It's A Long Way For The Shortcut: The Evolution Of North Dakota Rule Of Evidence 707 And Its Impact On Dui Prosecutions, Cherie L. Clark, Reid A. Brady
It's A Long Way For The Shortcut: The Evolution Of North Dakota Rule Of Evidence 707 And Its Impact On Dui Prosecutions, Cherie L. Clark, Reid A. Brady
North Dakota Law Review
No abstract provided.
Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Alsgaard
Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Alsgaard
North Dakota Law Review
No abstract provided.
The Contradictory Stance On Jury Nullification, Kenneth Duvall
The Contradictory Stance On Jury Nullification, Kenneth Duvall
North Dakota Law Review
No abstract provided.
Iethics: How Cloud Computing Has Impacted The Rules Of Professional Conduct, Andrew L. Askew
Iethics: How Cloud Computing Has Impacted The Rules Of Professional Conduct, Andrew L. Askew
North Dakota Law Review
No abstract provided.
Torts – Product Liability: North Dakota Rejects The Apparent Manufacturer Doctrine, Justin J. Hagel
Torts – Product Liability: North Dakota Rejects The Apparent Manufacturer Doctrine, Justin J. Hagel
North Dakota Law Review
No abstract provided.
North Dakota Supreme Court Review, North Dakota Law Review Associate Editors
North Dakota Supreme Court Review, North Dakota Law Review Associate Editors
North Dakota Law Review
No abstract provided.