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2013

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Articles 10921 - 10950 of 12811

Full-Text Articles in Law

In Memorian: Edward A. Mearns, Jr., Melvyn R. Durchslag Jan 2013

In Memorian: Edward A. Mearns, Jr., Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.


In Memorian: Edward A. Mearns, Jr., Marjorie Kitchell Jan 2013

In Memorian: Edward A. Mearns, Jr., Marjorie Kitchell

Case Western Reserve Law Review

No abstract provided.


The Myth Of The Independent Physician: Implications For Health Law, Policy, And Ethics, Jessica Mantel Jan 2013

The Myth Of The Independent Physician: Implications For Health Law, Policy, And Ethics, Jessica Mantel

Case Western Reserve Law Review

No abstract provided.


In Memorian: Edward A. Mearns, Jr., Laura Ymayo Tartakoff Jan 2013

In Memorian: Edward A. Mearns, Jr., Laura Ymayo Tartakoff

Case Western Reserve Law Review

No abstract provided.


Aesthetic Functionality, Michael S. Mireles Jr. Jan 2013

Aesthetic Functionality, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

This Article relies on several cases that demonstrate how aesthetic functionality can be used to suppress the cumulative excesses of trademark law. Based on those cases, this Article first proposes that functionality be used to police the boundary of copyright and trademark to prevent trademark protection of subject matter ordinarily protected by copyright law or in the public domain. Second, this Article asserts that aesthetic functionality is used in its defensive sense to relieve some alleged infringers or diluters from trademark infringement or dilution. Finally, this Article argues that functionality can be used as a policy lever to exempt certain …


Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello Jan 2013

Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine Jan 2013

Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.


Removing Revlon, Franklin A. Gevurtz Jan 2013

Removing Revlon, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

This Article advocates the abolition of the Revlon doctrine— the junior partner in Delaware’s corporate takeover jurisprudence, which governs certain contests involving auctions and sales of control. Revlon arose in the twilight zone created by the overlap between defenses to hostile tender offers and efforts by directors to avoid or coerce a shareholder vote on corporate mergers and sales (shotgun corporate marriages). The narrow holding of the case stands for the common sense proposition that if directors decide to sell their corporation by choosing between two bids, both of which will pay all of the shareholders cash for all of …


The Property Jurisprudence Of Justice Kennedy, John G. Sprankling Jan 2013

The Property Jurisprudence Of Justice Kennedy, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.


Responding To Ethnic And Religious Conflict In The New Arab Order: The Promise And Limits Of Rights, Omar M. Dajani Jan 2013

Responding To Ethnic And Religious Conflict In The New Arab Order: The Promise And Limits Of Rights, Omar M. Dajani

McGeorge School of Law Scholarly Articles

Intercommunal conflict has marred the political transitions unfolding in a number of states in the Middle East, raising questions about the status and protection of ethnic and religious minorities in the region's evolving political order. In view of the transnationalc haracter and regional scale of the problem, this Article considers the efficacy of one potential regional response-the development of an Arab convention on minority rights. The Article begins by describing three types of "minority problems" that have been sources of conflict in the Middle East: (1) religious minorities and Islamist majoritarianism; (2) nationalist minorities and territorial disputes, and (3) politically …


The Dog Days Fourth Amendment Jurisprudence, Kit Kinports Jan 2013

The Dog Days Fourth Amendment Jurisprudence, Kit Kinports

Faculty Scholarship

This Article discusses Florida v. Harris and Florida v. Jardines, the two Fourth Amendment drug dog opinions issued by the Supreme Court earlier this year. Together the cases hold that a narcotics detection dog effects a “search” when it intrudes on a constitutionally protected area in order to collect evidence, but that the dog’s positive alert is generally sufficient to support a finding of probable cause. The piece argues that both cases essentially generate a bright-line rule, thereby deviating from precedent that favored a more amorphous standard considering all the surrounding circumstances. Like many purportedly clear rules, the ones …


Sexual Orientation Of Fatherhood, Dara Purvis Jan 2013

Sexual Orientation Of Fatherhood, Dara Purvis

Faculty Scholarship

In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …


The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck Jan 2013

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

Faculty Scholarship

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …


Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James M. Puckett Jan 2013

Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James M. Puckett

Faculty Scholarship

The Supreme Court’s decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …


Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo Jan 2013

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

Articles

On the first day of class, I tell my Disability Law students that my objective is simple-I want to change the way they see the world. Teaching, writing, and working in disability rights has done that for me, and I want to continue to share that experience with my students. Integrating film into the classroom is one way to invite that change. When used properly, film can enhance coverage and discussion of substantive legal concepts and important policy issues surrounding employment of people with disabilities. That result is especially important to my objective, because employment and other issues critical to …


When Law Moves Quicker Than Culture: Key Jurisprudential Regulations Shaping The Us Adult Content Production Industry., Chauntelle Anne Tibbals Jan 2013

When Law Moves Quicker Than Culture: Key Jurisprudential Regulations Shaping The Us Adult Content Production Industry., Chauntelle Anne Tibbals

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Recognition And Enforcement Of Out-Of-State Adoption Decrees Under The Full Faith And Credit Clause: The Case Of Supplemental Birth Certificates., Karel Raba Jan 2013

Recognition And Enforcement Of Out-Of-State Adoption Decrees Under The Full Faith And Credit Clause: The Case Of Supplemental Birth Certificates., Karel Raba

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler Jan 2013

Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson Jan 2013

The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd Jan 2013

On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd

The Scholar: St. Mary's Law Review on Race and Social Justice

In the United States military, it is an aggravated felony for naturalization purposes to fraudulently enlist in the military and alter identity documents. This denotation under these circumstances does not require violence, the use of a weapon, or a formal conviction in a court of law. Acts with this designation are statutory permanent bars to citizenship because their presence in an applicant’s record prevents a finding of good moral character, one of the requirements for naturalization. Alternatively, the presence of prior crimes in a legal permanent resident’s background are not serious enough to prevent enlistment in the military. Over 31,000 …


Filling The Gap: A Call For Legislative Action And Community Mobilization To Implement Physical Education Requirements In Colleges And Universities., Lia M. Krautmanis Jan 2013

Filling The Gap: A Call For Legislative Action And Community Mobilization To Implement Physical Education Requirements In Colleges And Universities., Lia M. Krautmanis

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing Jan 2013

The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey Jan 2013

She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey

The Scholar: St. Mary's Law Review on Race and Social Justice

A lawyer may submit sexually charged evidence under a consciousness of guilt theory. Utilizing this type of evidence convicts women based on their character, not for their alleged crimes, in criminal cases across America. Consciousness of guilt evidence holds bias because it exploits common gender stereotypes in order to obtain criminal convictions. Sexually charged evidence does not directly show a defendant’s guilt, but simply allows the jury to infer guilt based on a defendant’s conduct. Violating gender norms or reacting to the occurrence of a tragedy differently than one might normally expect is not an admission of guilt. Sexually charged …


Compatibility Of Democracy And Islam Or The Lack Thereof: A Closer Look At Whether The Arab Spring Was Ever Capable Of Culminating Into A Viable Democracy In The Arab World., Alvaro Hasani Jan 2013

Compatibility Of Democracy And Islam Or The Lack Thereof: A Closer Look At Whether The Arab Spring Was Ever Capable Of Culminating Into A Viable Democracy In The Arab World., Alvaro Hasani

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich Jan 2013

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …


Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza Jan 2013

Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s nonsubscriber law precedence and interpretation directly conflict with the plain language and legislative intent of Texas Labor Code § 406.033. The purpose of § 406.033 is to protect injured workers and to encourage employers to subscribe to the state’s workers’ compensation system. Texas, however, allows employers to opt-out. Employers who elect to opt out of the workers’ compensation system are called “nonsubscribers.” By making this decision, nonsubscribers save on the cost of paying premiums for worker’s compensation, but potentially expose themselves to total liability against injured employees who can prove his or her employer breached one of their defined …


State Institutions Without Walls: Chronic Homelessness For People With Mental Illness Can Be Brought To An End., Theresa Clarke Jan 2013

State Institutions Without Walls: Chronic Homelessness For People With Mental Illness Can Be Brought To An End., Theresa Clarke

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Grassroots Gay Rights: Legal Advocacy At The Local Level, Lydia E. Lavelle Jan 2013

Grassroots Gay Rights: Legal Advocacy At The Local Level, Lydia E. Lavelle

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Surviving Implicit Bias: Why The Appellate Court's Interpretation Of The 2012 Amendment To The Racial Justice Act Will Be A Life Or Death Decision For North Carolina Death Row Prisoners, Ali Eacho Jan 2013

Surviving Implicit Bias: Why The Appellate Court's Interpretation Of The 2012 Amendment To The Racial Justice Act Will Be A Life Or Death Decision For North Carolina Death Row Prisoners, Ali Eacho

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller Jan 2013

Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller

Faculty Scholarship

No abstract provided.