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2012

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Articles 11971 - 12000 of 13460

Full-Text Articles in Law

Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr Jan 2012

Legal Disputes Related To Climate Change Will Continue For A Century, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Professor Pierce summarizes the expected effects of anthropogenic climate change, discusses the expensive and ineffective efforts that have been attempted to date to mitigate climate change, describes a more promising strategy for the future, and explains why the US must prepare to make major changes in law to adapt to some significant changes in climate that are inevitable. This paper was originally presented to the DC Bar as the 2012 Harold Leventhal Lecture.


Dialogue Magazine, Winter 2012 Jan 2012

Dialogue Magazine, Winter 2012

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.


Behavioral Economics: Implications For Regulatory Behavior, William E. Kovacic, James C. Cooper Jan 2012

Behavioral Economics: Implications For Regulatory Behavior, William E. Kovacic, James C. Cooper

GW Law Faculty Publications & Other Works

Behavioral economics (BE) examines the implications for decision-making when actors suffer from biases documented in the psychological literature. This article considers how such biases affect regulatory decisions. The article posits a simple model of a regulator who serves as an agent to a political overseer. The regulator chooses a policy that accounts for the rewards she receives from the political overseer — whose optimal policy is assumed to maximize short-run outputs that garner political support, rather than long-term welfare outcomes — and the weight the regulator puts on the optimal long run policy. Flawed heuristics and myopia are likely to …


The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore Jan 2012

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Kentucky Law Journal

No abstract provided.


Tackling Shareholder Short-Termism And Managerial Myopia, Emeka Duruigbo Jan 2012

Tackling Shareholder Short-Termism And Managerial Myopia, Emeka Duruigbo

Kentucky Law Journal

No abstract provided.


Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot Jan 2012

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

Kentucky Law Journal

No abstract provided.


The Biologics Price Competition And Innovation Act Of 2009: Legislative Imprudence, Patent Devaluation, And The False Start Of A Multi-Billion Dollar Industry, Brian F. Mcmahon Jan 2012

The Biologics Price Competition And Innovation Act Of 2009: Legislative Imprudence, Patent Devaluation, And The False Start Of A Multi-Billion Dollar Industry, Brian F. Mcmahon

Kentucky Law Journal

No abstract provided.


When Concerted Conduct Leads To Misuse: An Examination Of The Federal Circuit's En Banc Holding In Princo, Jerrad T. Howard Jan 2012

When Concerted Conduct Leads To Misuse: An Examination Of The Federal Circuit's En Banc Holding In Princo, Jerrad T. Howard

Kentucky Law Journal

No abstract provided.


Common Sense And The Commerce Clause: Why Elimination Of The Physical Presence Test For Taxation Defies Both, Lucas Humble Jan 2012

Common Sense And The Commerce Clause: Why Elimination Of The Physical Presence Test For Taxation Defies Both, Lucas Humble

Kentucky Law Journal

No abstract provided.


Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii Jan 2012

Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii

Kentucky Law Journal

No abstract provided.


Symposium On State Court Funding: Keynote Address, Erwin Chemerinsky Jan 2012

Symposium On State Court Funding: Keynote Address, Erwin Chemerinsky

Kentucky Law Journal

No abstract provided.


No Exit: The Financial Crisis Facing State Courts, G. Alan Tarr Jan 2012

No Exit: The Financial Crisis Facing State Courts, G. Alan Tarr

Kentucky Law Journal

No abstract provided.


Judicial Independence And The State Court Funding Crisis, David J. Barron Jan 2012

Judicial Independence And The State Court Funding Crisis, David J. Barron

Kentucky Law Journal

No abstract provided.


The Invisible Branch: Funding Resilient Courts Through Public Relations, Institutional Identity, And A Place On The "Public Radar", Paul J. De Muniz Jan 2012

The Invisible Branch: Funding Resilient Courts Through Public Relations, Institutional Identity, And A Place On The "Public Radar", Paul J. De Muniz

Kentucky Law Journal

No abstract provided.


State Courts And Public Justice: New Challenges, New Choices, John T. Broderick, Lawrence Friedman Jan 2012

State Courts And Public Justice: New Challenges, New Choices, John T. Broderick, Lawrence Friedman

Kentucky Law Journal

No abstract provided.


Do We Have 18th Century Courts For The 21st Century?, Michael L. Buenger Jan 2012

Do We Have 18th Century Courts For The 21st Century?, Michael L. Buenger

Kentucky Law Journal

No abstract provided.


Giving Up Your Tax Refund To Keep It: Tax Prepayment In The Context Of The Bankruptcy Estate, C. D. Bradley Jan 2012

Giving Up Your Tax Refund To Keep It: Tax Prepayment In The Context Of The Bankruptcy Estate, C. D. Bradley

Kentucky Law Journal

No abstract provided.


Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing Jan 2012

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.


Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud Jan 2012

Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud

Kentucky Law Journal

Over the last three decades, neoliberal restructuring of the economy created a symbiosis of debt and discipline. New legal regimes and strategic use of monetary policy displaced Keynesian welfare, facilitated financialization of the economy, broke the power of organized labor, and expanded debt to sustain aggregate demand. Public laws and policies created afield of possibility within which financial markets extended their reach and brought ever-increasing sections of the working classes and the marginalized within the ambit of the credit economy. Reordered public policies and new norms of personal responsibility demarcated the horizon within which the economically vulnerable pursued strategies of …


At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries, Steven Clark Jan 2012

At Risk Patients And Doctors: Why Increased Agency Enforcement And Private Causes Of Action Under The Supremacy Clause Are Needed To Protect Medicaid Providers And Beneficiaries, Steven Clark

Kentucky Law Journal

No abstract provided.


Love's Labor's Lost: Marry For Love, Copyright Work Made-For-Hire, And Alienate At Your Leisure, Llewellyn Joseph Gibbons Jan 2012

Love's Labor's Lost: Marry For Love, Copyright Work Made-For-Hire, And Alienate At Your Leisure, Llewellyn Joseph Gibbons

Kentucky Law Journal

No abstract provided.


Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley Jan 2012

Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley

Kentucky Law Journal

No abstract provided.


Charting Kentucky's Path: How The Commonwealth Can Innovate Its Public Schools With Charter Legislation, Tyler Roberts Jan 2012

Charting Kentucky's Path: How The Commonwealth Can Innovate Its Public Schools With Charter Legislation, Tyler Roberts

Kentucky Law Journal

No abstract provided.


Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin Jan 2012

Health Care Reform, Wellness Programs And The Erosion Of Informed Consent, Matt Lamkin

Kentucky Law Journal

No abstract provided.


"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey Jan 2012

"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey

Kentucky Law Journal

No abstract provided.


Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook Jan 2012

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Kentucky Law Journal

No abstract provided.


Tales From The Abyss: What Does It Take To Get Disbarred These Days?, David A. Grenardo Jan 2012

Tales From The Abyss: What Does It Take To Get Disbarred These Days?, David A. Grenardo

Faculty CLE

As the behavior of attorneys appears to become more repugnant as the years pass, legal scholars continue to lament over the decline in civility and quality of attorneys in the profession. One cannot avoid the YouTube clip where a judge finds that an attorney has shown up drunk in her court, or stories like that of a prominent plaintiff’s attorney whose conduct included failing to obey court orders, failing to maintain respect to the courts, seeking to mislead the jury, and committing several acts of moral turpitude, which the reviewing court deemed outrageous. The punishment for these two lawyers included …


Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts, Willy E. Rice Jan 2012

Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts, Willy E. Rice

Faculty Articles

Wildfires in Texas have generated two interrelated questions: (1) whether insurers have a duty to indemnify residential and commercial property owners if a wild forest, brush, grass, or prairie fire destroys homeowners' property in Texas, and (2) whether insurers have a duty to pay or settle third-party claims in Texas if a property owner starts a fire on her property, which evolves into a wildfire and destroys a third party's residential or commercial property.


Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching, Richard E. Flint Jan 2012

Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching, Richard E. Flint

Faculty Articles

An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.


Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson Jan 2012

Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson

Faculty Articles

This is the story of Judge Bernard S. Meyer’s exhilarating, exhausting, and highly productive first year on the New York Court of Appeals. Based on a reputation for integrity and a record of professional accomplishment, Judge Meyer was chosen to the New York Court of Appeals in 1979, and the following seven-and-a-half years he spent there were highly productive. While on the Court of Appeals, Judge Meyer was a progressive reformer, and it was clear he intended to use his office to make the world a better place and, whenever possible, remedy injustice. He looked for ways in which the …