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Articles 1231 - 1260 of 13468
Full-Text Articles in Law
Using Foreign Relations Law To Limit Extraterritorial Application Of The Foreign Corrupt Practices Act , Lauren Ann Ross
Using Foreign Relations Law To Limit Extraterritorial Application Of The Foreign Corrupt Practices Act , Lauren Ann Ross
Duke Law Journal
Because the Foreign Corrupt Practices Act (FCPA) can be used to regulate conduct that has but a tangential connection to the United States, the statute exemplifies the potential difficulties of applying U.S. criminal law extraterritorially. The FCPA's heightened enforcement environment and the norm of deferred-prosecution agreements that settle FCPA charges out of court combine to increase the probability that a foreign individual or firm will be prosecuted under the FCPA for bribery that occurred in and affected a foreign country. This Note proposes drawing from the presumption against extraterritoriality, a concept from foreign relations law, to find a reasonable limit …
The Hidden Help : Black Domestic Workers In The Civil Rights Movement., Trena Easley Armstrong
The Hidden Help : Black Domestic Workers In The Civil Rights Movement., Trena Easley Armstrong
Electronic Theses and Dissertations
During the 1960's, nearly ninety percent of black women in the South worked as domestic servants. While much has been written depicting the dehumanizing and exploitative conditions in which they lived, their contributions to human rights garnered from their subtle acts of resistance and specifically, their involvement in the Civil Rights Movement, has either been undocumented or documented quite minimally. Despite their historical roles and socioeconomic disadvantages, their reach for human agency was beneficial to society. This thesis examines their labor as domestic workers and their participation in the Civil Rights Movement using the qualitative research method of interviews and …
The Full Story Of United States V. Smith, America's Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America's Most Important Piracy Case, Joel H. Samuels
Articles
No abstract provided.
The Borrower's Tale: A History Of Poor Debtors In Lochner Era New York City, Anne Fleming
The Borrower's Tale: A History Of Poor Debtors In Lochner Era New York City, Anne Fleming
Georgetown Law Faculty Publications and Other Works
This study adds to the recent scholarship on Progressivism in practice—fine-grained, place-based studies of reform at the local level—but focuses closely on the relationships among reformers, industry, and the law that an earlier generation of historians studied at the national level and outlined in broad brushstrokes. This study also builds upon the creditor-centered work of historians such as Mark H. Haller and John V. Alviti, but moves beyond their reliance upon distinctions and categories, such as those separating profit making credit providers from philanthropic credit providers, which were less important to borrowers than they have been for historians. In focusing …
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Articles
The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.
Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu
Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu
Research Collection Yong Pung How School Of Law
In this article, Locknie Hsu discusses the implications of the various legal claims being pursued in various fora in relation to plain packaging of tobacco products laws, especially in relation to Singapore and the Association of Southeast Asian Nations ('ASEAN'). The article proceeds as follows: (1) In Part 1, Hsu examines the current state of Singapore's regulation of tobacco; (2) part 2 of the article then considers Singapore's current investment treaty commitments and their likely compatibility with plain packaging legislation, were it to be introduced into Singapore.
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Research Collection Yong Pung How School Of Law
In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This case has significant implications for Singapore as a seat of arbitration, and this note contrasts the position between Singapore and Hong Kong against the backdrop of this case. In October 2008, after a failed joint venture, the Claimants, which belonged to the Astro group of companies of Malaysia, commenced arbitration in Singapore against the Respondents, which belonged to the Lippo group of companies of Indonesia. In May 2009, the …
Civil Practice And Procedure, Andrew P. Sherrod
Civil Practice And Procedure, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
Picturing Takings, Lee Anne Fennell
Picturing Takings, Lee Anne Fennell
Notre Dame Law Review
Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.
Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas
Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas
Notre Dame Law Review
The article focuses on the theories of nonincorporation of the Bill of Rights by the Supreme Court of the United States in the case McDonald v. Chicago. It states that several rights including the Second Amendment right, the Fifth Amendment grand jury right and the Seventh Amendment civil jury trial right were not incorporated against states prior to the McDonald case. It discusses the theories of incorporation of rights based on liberty and justice.
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Publications
No abstract provided.
Law Deans In Jail , Morgan Cloud, George Shepherd
Law Deans In Jail , Morgan Cloud, George Shepherd
Missouri Law Review
A most unlikely collection of suspects – law schools, their deans, U.S. News & World Report and its employees – may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes. Some law schools and their deans submitted false information about the schools’ expenditures and …
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Missouri Law Review
Federal Rule of Evidence 502 promised to change American litigation for the better. It was heralded as a solution to the gross inequity and spiraling litigation costs associated with the painstaking, cumbersome, and largely wasteful document reviews necessary to protect the attorney-client privilege. And in some measure, it succeeded. It has brought uniformity, predictability, and equity to issues of inadvertent disclosure and subject matter waiver. But a largely overlooked provision of the rule promises even bigger, and more troubling changes. Federal Rule of Evidence 502(d) authorizes district courts to enter discovery orders protecting parties from the waiver consequences normally attached …
What's It To You: The First Amendment And Matters Of Public Concern , Mark Strasser
What's It To You: The First Amendment And Matters Of Public Concern , Mark Strasser
Missouri Law Review
This Article traces the development of the “matters of public concern” doctrine, explaining the role that the concept has played in cases ranging from defamation3 to employment termination to publication of (allegedly) private facts.4 The Article discusses various inconsistencies in the Court’s jurisprudence, both with respect to what counts as a matter of public concern5 and with respect to the relative importance of the protection of such matters. 6 It concludes that the current jurisprudence cannot help but cause confusion and inconsistent results in the lower courts and must be clarified at the earliest opportunity. 7
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
Missouri Law Review
Part II of this Comment will provide a detailed history about the development of charter schools nationally. Part III then answers the question of whether widespread support for charter schools is a wise policy choice. Part IV outlines how Missouri has created a strong charter culture, while Part V discusses how Georgia failed to do so, and the consequences of each of those decisions. The Comment finally concludes by arguing for the continued judicial support and more purposeful legislative support of charter schools.
From Stem To Stern: Navigating Bankruptcy Practice After Stern V. Marshall, Michelle Wright
From Stem To Stern: Navigating Bankruptcy Practice After Stern V. Marshall, Michelle Wright
Missouri Law Review
In order to provide a foundation for understanding the Court’s reasoning in Stern, Part II of this Comment briefly covers the history of bankruptcy in America. Section III explains how the Supreme Court of the United States’ holding in Stern v. Marshall16 has affected bankruptcy courts’ disposition of state law claims. Scholars’ interpretations of Stern range from understanding it as a narrow holding that will change little in bankruptcy, to questioning whether it foreshadows the Court holding the entire bankruptcy system is unconstitutional in a future case. Given the breadth of opinions that the decision supports, it is predictable that …
Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager
Overdue North: Canada Finally Passes New Copyright Law, Carrie Sager
Intellectual Property Brief
No abstract provided.
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley
First Sale Doctrine - Kirtsaeng V. John Wiley & Sons, Alison Keeley
Intellectual Property Brief
No abstract provided.
New Gtlds, New Problems, Amer Raja
Going For Gold In Trademark Enforcement: Olympic Branding, Chelsea Zimmerman
Going For Gold In Trademark Enforcement: Olympic Branding, Chelsea Zimmerman
Intellectual Property Brief
No abstract provided.
Seeing Red: Nasa Hit With Bogus Copyright Claimover Mars Rover Video, Priya Mahajan
Seeing Red: Nasa Hit With Bogus Copyright Claimover Mars Rover Video, Priya Mahajan
Intellectual Property Brief
No abstract provided.
Posner Speaks (Again) On Patent Reform: A Critique, Kathleen Hudik
Posner Speaks (Again) On Patent Reform: A Critique, Kathleen Hudik
Intellectual Property Brief
No abstract provided.
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush
Intellectual Property Brief
No abstract provided.
Work With Your Head In The Clouds: The Impact Of Cloud Computing And Content Streaming On Copyright In The Entertainment Industry, Tamara Celine Winegust
Work With Your Head In The Clouds: The Impact Of Cloud Computing And Content Streaming On Copyright In The Entertainment Industry, Tamara Celine Winegust
Intellectual Property Brief
No abstract provided.
Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah Jordan
Unlimited Times: Dmca Anticircumvention Measures On Public Domain Films, Sarah Jordan
Intellectual Property Brief
No abstract provided.
October 31, 2012: The Upcoming Presidential Election, Bruce Ledewitz
October 31, 2012: The Upcoming Presidential Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Upcoming Presidential Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Hunt For Noncitizen Voters, Fatma Marouf
The Hunt For Noncitizen Voters, Fatma Marouf
Faculty Scholarship
Over the past year, states have shown increasing angst about noncitizens registering to vote. Three states-Tennessee, Kansas, and Alabama-have passed new laws requiring documentary proof of U.S. citizenship in order to register. Arizona was the first state to pass such a requirement, but the Ninth Circuit struck it down in April 2012, finding it incompatible with the National Voter Registration Act.2 Two other states-Florida and Colorado-have waged aggressive campaigns in recent months to purge noncitizens from voter registration lists. These efforts to weed out noncitizen voters follow on the heels of legislation targeting undocumented immigrants in a number of states. …
California Supreme Court Survey - A Review Of Decisions: December 1994-July 1995 , April L. Anstett
California Supreme Court Survey - A Review Of Decisions: December 1994-July 1995 , April L. Anstett
Pepperdine Law Review
No abstract provided.