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2013

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Articles 331 - 360 of 12812

Full-Text Articles in Law

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt Dec 2013

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

William & Mary Bill of Rights Journal

No abstract provided.


"Data, Views, Or Arguments": A Rumination, Michael Herz Dec 2013

"Data, Views, Or Arguments": A Rumination, Michael Herz

William & Mary Bill of Rights Journal

No abstract provided.


Jury Review Of Administrative Action, John F. Duffy Dec 2013

Jury Review Of Administrative Action, John F. Duffy

William & Mary Bill of Rights Journal

No abstract provided.


Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii Dec 2013

Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii

William & Mary Bill of Rights Journal

No abstract provided.


Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin Dec 2013

Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin

William & Mary Bill of Rights Journal

Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …


The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy Dec 2013

The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy

William & Mary Bill of Rights Journal

No abstract provided.


Administrative Searches, Technology And Personal Privacy, Russell L. Weaver Dec 2013

Administrative Searches, Technology And Personal Privacy, Russell L. Weaver

William & Mary Bill of Rights Journal

No abstract provided.


Calming Unsettled Waters: A Proposal For Navigating The Tenuous Power Divide Between The Federal Courts And The Uspto Under The American Invents Act, William Rose Dec 2013

Calming Unsettled Waters: A Proposal For Navigating The Tenuous Power Divide Between The Federal Courts And The Uspto Under The American Invents Act, William Rose

William & Mary Bill of Rights Journal

No abstract provided.


Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher Dec 2013

Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova Dec 2013

Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova

William & Mary Environmental Law and Policy Review

No abstract provided.


True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar Dec 2013

True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler Dec 2013

Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Access To Vaginal Birth After Cesarean: Restrictive Policies And The Chilling Of Women's Medical Rights During Childbirth, Lisa Pratt Dec 2013

Access To Vaginal Birth After Cesarean: Restrictive Policies And The Chilling Of Women's Medical Rights During Childbirth, Lisa Pratt

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Reproductive Injustice In The New Millennium, Sybil Shainwald Dec 2013

Reproductive Injustice In The New Millennium, Sybil Shainwald

William & Mary Journal of Race, Gender, and Social Justice

A reexamination of the history of abortion law in the United States is essential to an understanding of recent changes. Part I of this Article will provide a synopsis of the early Anglo-American view of abortion at common law, the early anti-abortion statutes, and the state of abortion during the early twentieth century. Part II will discuss the liberalization of abortion laws, as well as the ways in which the law pertaining to a woman’s right to choose has evolved since 1973. Finally, Part III will analyze the constitutionality of the current wave of restrictions.


Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz Dec 2013

Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman Dec 2013

Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Strong Voices For A Vulnerable Group, Jack T. Brock Ii Dec 2013

Strong Voices For A Vulnerable Group, Jack T. Brock Ii

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse Dec 2013

The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine Dec 2013

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon Dec 2013

The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon

William & Mary Journal of Race, Gender, and Social Justice

In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive …


Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss Dec 2013

Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss

Seattle Journal for Social Justice

No abstract provided.


High Federalism: Marijuana Legalization And The Limits Of Federal Power To Regulate States, David S. Schwartz Dec 2013

High Federalism: Marijuana Legalization And The Limits Of Federal Power To Regulate States, David S. Schwartz

Cardozo Law Review

The conflict between state marijuana legalization and the blanket federal marijuana prohibition of the Controlled Substances Act (CSA) has created a federalism crisis in which the duties of state officials to adhere to state or federal law are unclear. Current federalism doctrine cannot even tell us whether or not a local police officer who encounters a person in state-authorized possession of marijuana must arrest the person and seize the marijuana. The two most clearly applicable federalism doctrines - the Tenth Amendment anti-commmandeering doctrine and federal preemption of state law under the Supremacy Clause - offer only unsatisfactory answers. Anti-commandeering doctrine …


Engaging Men As Fathers: The Courts, The Law, And Father-Absence In Low-Income Families, Laurie S. Kohn Dec 2013

Engaging Men As Fathers: The Courts, The Law, And Father-Absence In Low-Income Families, Laurie S. Kohn

Cardozo Law Review

No abstract provided.


Curbing Overzealous Prosecution Of The Espionage Act: Thomas Andrews Drake And The Case For Judicial Intervention At Sentencing, Pamela Takefman Dec 2013

Curbing Overzealous Prosecution Of The Espionage Act: Thomas Andrews Drake And The Case For Judicial Intervention At Sentencing, Pamela Takefman

Cardozo Law Review

No abstract provided.


Can We Calculate Fairness And Reasonableness? Determining What Satisfies The Fair Cross-Section Requirement Of The Sixth Amendment, Colleen P. Fitzharris Dec 2013

Can We Calculate Fairness And Reasonableness? Determining What Satisfies The Fair Cross-Section Requirement Of The Sixth Amendment, Colleen P. Fitzharris

Michigan Law Review

The Impartial Jury Clause of the Sixth Amendment requires that the venire from which the state and the defendant draw a twelve-person petit jury be a fair cross-section of the community. The Supreme Court announced a three-prong test in Duren v. Missouri to help courts determine whether there has been a Sixth Amendment violation: (1) whether a distinctive group in the community was excluded; (2) whether the venire was not a fair and reasonable representation of the county population as a whole; and (3) whether that underrepresentation was the result of systematic exclusion. When evaluating the second prong, courts routinely …


Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas Dec 2013

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …


Criminal Law, Franklin J. Hogue Dec 2013

Criminal Law, Franklin J. Hogue

Mercer Law Review

This Article reviews the most important criminal cases during this reporting period-from June 1, 2012 through May 31, 2013-that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.


Legal Ethics, Patrick Emery Longan Dec 2013

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article covers the period from June 1, 2012 through May 31, 2013. During this period, the Georgia Supreme Court decided a number of lawyer-discipline cases and other matters related to licensure. The supreme court and the Georgia Court of Appeals decided cases involving legal malpractice, ineffective assistance of counsel, judicial ethics, and several miscellaneous matters. The supreme court also approved one significant Formal Advisory Opinion and one set of changes to the Georgia Rules of Professional Conduct.


Local Government Law, Kirk Fjelstul Dec 2013

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.


Workers' Compensation, H. Michael Bagley, J. Benson Ward Dec 2013

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2012-2013 survey period featured notable decisions of the appellate courts in a wide range of areas along with legislation impacting the Workers' Compensation Act' in several important areas, including a 400-week cap on medical benefits.