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2012

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Articles 1891 - 1920 of 13467

Full-Text Articles in Law

Mci Communications Services, Inc. V. Hagan, Bill Hudson Oct 2012

Mci Communications Services, Inc. V. Hagan, Bill Hudson

Journal of Civil Law Studies

No abstract provided.


Beyond Economics In Pay For Performance, Tamara C. Belinfanti Oct 2012

Beyond Economics In Pay For Performance, Tamara C. Belinfanti

Articles & Chapters

This article argues that while much of the intellectual energy has focused on the economics of executive pay, the challenge of executive compensation is as much a challenge of human behavior as it is one of economics. The raison d’etre of pay for performance (PFP) is to motivate executives to make decisions that are in the best interest of their firm and its shareholders. Attention to the relevant individual, situational, cultural, and institutional dynamics (what I term “behavioral dynamics”) that affect how executives are motivated and how they value future rewards is critical for the sustainability of PFP as a …


Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel Oct 2012

Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel

Nevada Law Journal

No abstract provided.


New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason Oct 2012

New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason

Nevada Law Journal

No abstract provided.


The Normative Underpinnings Of Taxation, Sagit Leviner Oct 2012

The Normative Underpinnings Of Taxation, Sagit Leviner

Nevada Law Journal

No abstract provided.


Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii, Esq. Oct 2012

Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii, Esq.

Nevada Law Journal

No abstract provided.


Rehabilitating Bankruptcy Reform, Kara J. Bruce Oct 2012

Rehabilitating Bankruptcy Reform, Kara J. Bruce

Nevada Law Journal

No abstract provided.


The "Ensuing Loss" Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Christopher C. French Oct 2012

The "Ensuing Loss" Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Christopher C. French

Nevada Law Journal

No abstract provided.


Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii Oct 2012

Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii

Nevada Law Journal

No abstract provided.


Lawrence V. Clark County And Nevada's Public Trust Doctrine: Reconsidering Water Rights In The Desert, Jason L. Deforest Oct 2012

Lawrence V. Clark County And Nevada's Public Trust Doctrine: Reconsidering Water Rights In The Desert, Jason L. Deforest

Nevada Law Journal

Aridity, and aridity alone, makes the various Wests one. The distinctive western plants and animals, the hard clarity (before power plants and metropolitan traffic altered it) of the western air, the look and location of western towns, the empty spaces that separate them, the way farms and ranches are either densely concentrated where water is plentiful or widely scattered where it is scarce, . . . [the] noticeable federal presence as dam builder and water broker, … those are all consequences, and by no means all the consequences, of aridity.


Journal Staff Oct 2012

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


The Gender Bind: Men As Inauthentic Caregivers , Kelli K. García Oct 2012

The Gender Bind: Men As Inauthentic Caregivers , Kelli K. García

Duke Journal of Gender Law & Policy

Almost twenty years after the enactment of the Family and Medical Leave Act (FMLA), an ostensibly gender-neutral statute, companies are still less likely to offer paternity leave than they are to offer maternity leave. Although women have traditionally faced discrimination in the workplace because they are viewed as inauthentic workers—not fully committed to paid employment—men face the corresponding problem and are viewed as inauthentic caregivers. Men who seek family leave transgress gender norms and risk workplace discrimination and stereotyping. This article makes explicit how the social and cultural contexts in which the FMLA is applied interact to maintain the status …


Embodying Vulnerability: A Feminist Theory Of The Person, Saru M. Matambanadzo Oct 2012

Embodying Vulnerability: A Feminist Theory Of The Person, Saru M. Matambanadzo

Duke Journal of Gender Law & Policy

No abstract provided.


Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides , Marcia Zug Oct 2012

Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides , Marcia Zug

Duke Journal of Gender Law & Policy

No abstract provided.


Leveraging The Courts To Protect Women’S Fundamental Rights At The Intersection Of Family-Wage Work Structures And Women’S Role As Wage Earner And Primary Caregiver, Jill Maxwell Oct 2012

Leveraging The Courts To Protect Women’S Fundamental Rights At The Intersection Of Family-Wage Work Structures And Women’S Role As Wage Earner And Primary Caregiver, Jill Maxwell

Duke Journal of Gender Law & Policy

No abstract provided.


¿Only English? How Bilingual Education Can Mitigate The Damage Of English-Only , Jennifer Bonilla Moreno Oct 2012

¿Only English? How Bilingual Education Can Mitigate The Damage Of English-Only , Jennifer Bonilla Moreno

Duke Journal of Gender Law & Policy

No abstract provided.


Journal Staff Oct 2012

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.


Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber Oct 2012

Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber

Duke Environmental Law & Policy Forum

No abstract provided.


Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick Oct 2012

Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick

Duke Environmental Law & Policy Forum

No abstract provided.


Disaster Mythology And Availability Cascades, Lisa Grow Sun Oct 2012

Disaster Mythology And Availability Cascades, Lisa Grow Sun

Duke Environmental Law & Policy Forum

No abstract provided.


The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor Oct 2012

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.


United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock Oct 2012

United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Oct 2012

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Oct 2012

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Gaming Regulatory Systems: How Emerging Jurisdictions Can Use The Three Major Players As A Guide In Creating A Tailored System For Themselves, Nicole Laudwig Oct 2012

Gaming Regulatory Systems: How Emerging Jurisdictions Can Use The Three Major Players As A Guide In Creating A Tailored System For Themselves, Nicole Laudwig

UNLV Gaming Law Journal

This note will first examine the existing gaming control systems in the three most prominent jurisdictions: Nevada, Macau, and Singapore. The second portion of the note will suggest what features of these existing gaming control systems should be implemented into emerging gaming jurisdictions, with Nevada as the primary model, and what additional features the new jurisdictions will want to consider.


Section On The Education Of Lawyers Remains Committed To Improving Legal Training, A. Benjamin Spencer Oct 2012

Section On The Education Of Lawyers Remains Committed To Improving Legal Training, A. Benjamin Spencer

Popular Media

No abstract provided.


Who Watches The Watchmen? Big Brother's Use Of Wiretap Statutes To Place Civilians In Timeout, Travis S. Triano Oct 2012

Who Watches The Watchmen? Big Brother's Use Of Wiretap Statutes To Place Civilians In Timeout, Travis S. Triano

Cardozo Law Review

No abstract provided.


Broadcast Rights, Unjust Enrichment, And The Student-Athlete, Richard T. Karcher Oct 2012

Broadcast Rights, Unjust Enrichment, And The Student-Athlete, Richard T. Karcher

Cardozo Law Review

The NCAA, conferences and universities license to networks the right to broadcast their live games in exchange for billions of dollars in annual rights fees without anyone questioning either the origin of this right or who constitutes all of the holders of this right. Historically courts recognized a quasi-property right of professional teams to sell the right to broadcast their games; however, team owners put personal funds at risk and are entitled to full ownership of the copyright to the broadcast under the work made for hire doctrine as they pay the players a proportionate share of the rights fees. …


Reevaluating Administrative Evidence Policy: The Case For Two Exclusionary Rules At Social Security Administrative Hearings, Max Bookman Oct 2012

Reevaluating Administrative Evidence Policy: The Case For Two Exclusionary Rules At Social Security Administrative Hearings, Max Bookman

Cardozo Public Law, Policy & Ethics Journal

The note advocates for the adoption of two specific exclusionary rules in Social Security Administration (SSA) disability hearings to address fairness concerns while maintaining efficiency. It argues that the current process, which prioritizes efficiency over the ability to cross-examine evidence, can lead to unfair outcomes for claimants. The proposed rules aim to ensure claimants can challenge evidence, promoting a fairer process without overly burdening the system. The note challenges the traditional view that exclusionary rules are unnecessary in administrative hearings, emphasizing the need for a balance between efficiency and fairness.


Creating Hammer V. Dagenhart, Logan E. Sawyer Iii Oct 2012

Creating Hammer V. Dagenhart, Logan E. Sawyer Iii

Scholarly Works

Hammer v. Dagenhart is among the best known cases in the canon of constitutional law. It struck down the first federal child labor law on the grounds that Congress’s commerce power allowed it to prohibit the interstate shipment of harmful goods, like impure food and drugs, but not harmless goods, like the products of child labor. Withering criticism of the decision spread from Justice Holmes’s famous dissent to law reviews, treatises, casebooks, and constitutional law classes. For nearly a century the decision has been scorned as inconsistent with precedent, incoherent as policy, and driven solely by the Court’s reactionary commitment …