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Articles 11551 - 11580 of 13469
Full-Text Articles in Law
One Person, One Vote Standard In Redistricting: The Uses And Abuses Of Population Deviations In Legislative Redistricting, Thomas L. Brunell
One Person, One Vote Standard In Redistricting: The Uses And Abuses Of Population Deviations In Legislative Redistricting, Thomas L. Brunell
Case Western Reserve Law Review
No abstract provided.
One Person, One Vote - Why Citizens' Votes Carry Unequal Weight Despite Baker And How It Matters, John D. Griffin, Brian Newman
One Person, One Vote - Why Citizens' Votes Carry Unequal Weight Despite Baker And How It Matters, John D. Griffin, Brian Newman
Case Western Reserve Law Review
No abstract provided.
Getting To Sometimes: Expanding Teachers' First Amendment Rights Through Garcetti's Caveat, Benjamin C. Galea
Getting To Sometimes: Expanding Teachers' First Amendment Rights Through Garcetti's Caveat, Benjamin C. Galea
Case Western Reserve Law Review
No abstract provided.
Empty Creditor Syndrome And Vivisepulture: Preventing Credit-Default-Swap Holders From Pushing Companies Into Premature Graves By Refusing To Negotiate Restructurings, Dante Alteri Marinucci
Empty Creditor Syndrome And Vivisepulture: Preventing Credit-Default-Swap Holders From Pushing Companies Into Premature Graves By Refusing To Negotiate Restructurings, Dante Alteri Marinucci
Case Western Reserve Law Review
No abstract provided.
Wilbur Leatherberry: Our Center Of Gravity, Peter M. Gerhart
Wilbur Leatherberry: Our Center Of Gravity, Peter M. Gerhart
Case Western Reserve Law Review
No abstract provided.
How The Supreme Court Thwarted The Purpose Of The Federal Arbitration Act, Jodi Wilson
How The Supreme Court Thwarted The Purpose Of The Federal Arbitration Act, Jodi Wilson
Case Western Reserve Law Review
No abstract provided.
Ethical Limits On Civil Litigation Advocacy: A Historical Perspective, Carol Rice Andrews
Ethical Limits On Civil Litigation Advocacy: A Historical Perspective, Carol Rice Andrews
Case Western Reserve Law Review
No abstract provided.
Volume 63 Issue 2 (2012), Case Western Reserve Law Review
Volume 63 Issue 2 (2012), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.
Scienter Pleading And Rule 10b-5: Empirical Analysis And Behavioral Implications, Dain C. Donelson, Robert A. Prentice
Scienter Pleading And Rule 10b-5: Empirical Analysis And Behavioral Implications, Dain C. Donelson, Robert A. Prentice
Case Western Reserve Law Review
No abstract provided.
Arbitrating In The Ether Of Intent, Jarrod Wong
Arbitrating In The Ether Of Intent, Jarrod Wong
McGeorge School of Law Scholarly Articles
The U.S. Supreme Court's jurisprudence interpreting the Federal Arbitration Act (FAA) is incoherent in a respect that is fundamental yet not quite captured in existing legal literature. Specifically, in determining the core question of whether any particular dispute should be resolved by arbitration under the FAA, the Court has stubbornly relied on the concept of the parties' “intent” on the matter. “Intent,” however, is at once elusive and polymorphic. It is elusive because the parties will often not have considered whether the particular issue is arbitrable, much less who—court or arbitrator—should decide that preliminary question. It is polymorphic as rendered …
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia Saucedo
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia Saucedo
McGeorge School of Law Scholarly Articles
No abstract provided.
The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration, Rachael E. Salcido
The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Raquel Aldana, Beth Lyon, Karla Mari Mckanders
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Raquel Aldana, Beth Lyon, Karla Mari Mckanders
McGeorge School of Law Scholarly Articles
No abstract provided.
A “Lawyer For All Seasons”: The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
A “Lawyer For All Seasons”: The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
McGeorge School of Law Scholarly Articles
This interdisciplinary Article explores why interpersonal conflict management principles and skills are essential to good lawyering and, thus, why law schools should teach these principles and skills to all their students. In demonstrating the immense practical value an understanding of interpersonal conflict management principles and skills have in the practice of law, this Article examines case studies involving organizations that have dramatically reduced legal costs, among other benefits, by abandoning a solely legalistic approach to conflict and embracing conflict management principles. The lessons learned from these studies and the interpersonal conflict management principles that underlie them support the idea that …
Law Among The Sight Lovers, Francis J. Mootz Iii
Law Among The Sight Lovers, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on male youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on male youth age 14-18
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Moore
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Moore
Faculty Articles
The effect of Ashcroft v. Iqbal on pleading standards and behavior is a source of significant legal debate. This article serves as a follow-up to Professor Moore's 2010 empirical study on Iqbal's effect on courts' rulings on motions to dismiss complaints for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Professor Moore's previous study found a statistically significant increase in the likelihood that a court grants a 12(b)(6) motion with leave to amend following Iqbal. In this article, Professor Moore updates and increases the pool of cases in her database. The updated data …
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Faculty Scholarship
This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Faculty Scholarship
Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Faculty Scholarship
Although few noticed the link between them, two Supreme Court cases decided in the same week last Term, Ashcroft v. al-Kidd and Camreta v. Greene, both involved the Fourth Amendment implications of detaining witnesses to a crime. Al-Kidd, an American citizen, was arrested under the federal material witness statute in connection with an investigation into terrorist activities, and Greene, a nine-year-old suspected victim of child abuse, was seized and interrogated at school by two state officials. The opinions issued in the two cases did little to resolve the constitutional issues that arise in witness detention cases, and in fact …
Beyond Eros: Relative Caregiving, Agape Parentage, And The Best Interests Of Children, Sacha M. Coupet
Beyond Eros: Relative Caregiving, Agape Parentage, And The Best Interests Of Children, Sacha M. Coupet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Unsportsmanlike Conduct: Curbing The Trend Of Domestic Violence In The National Football League And Major League Baseball, Brant Webb
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
My Aging Minority Rural Grandparents: Disparities In The Health And Health Care Of The Rural Elderly Minority Population And The Need For Culturally Competent Health Care Providers, Camille M. Davidson
My Aging Minority Rural Grandparents: Disparities In The Health And Health Care Of The Rural Elderly Minority Population And The Need For Culturally Competent Health Care Providers, Camille M. Davidson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Informed Consent: A Right Without A Remedy Examined Through The Lens Of Maternity Care, Kristen Ann Curran
Informed Consent: A Right Without A Remedy Examined Through The Lens Of Maternity Care, Kristen Ann Curran
American University Journal of Gender, Social Policy & the Law
No abstract provided.
California Notwithstanding: Why The Ninth Circuit Erred In Following The California Supreme Court's Grant Of Standing To The Proponents Of Proposition 8, Sara Rappaport
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reed V. Reed At 40: Equal Protection And Women's Rights
Reed V. Reed At 40: Equal Protection And Women's Rights
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Articles & Chapters
The author of this article discusses two recent cases which deal with unconditional liability on nonrecourse carveouts and spring-ing guaranties. One potential consequence of these decisions: by essentially converting these contingent guaranties to unconditional guaranties, the threat of springing liability disappears and the guaranties cease to have deterrent effects. If the guarantor is li-able whether or not the single purpose entity files for bankruptcy, why not file? The result is likely to be bankruptcy filings and other "misbehavior" by borrowers. Moreover, the analysis used in these cases would put many performing loans into default along with triggering recourse, threatening substantial …