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Articles 11701 - 11730 of 12634
Full-Text Articles in Law
Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin
Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin
All Faculty Scholarship
On May 17, 1954 the Supreme Court handed down two decisions that for the first time categorically held that racial segregation in public schools was per se unlawful – Brown v. Board of Education and Bolling v. Sharpe. Ostensibly, both cases dealt with a same question; however, in Brown the entity accused of discrimination was a creature of the State of Kansas, while in Bolling the discrimination was practiced by the federal government. The problem that the Supreme Court faced was the language of the Fourteenth Amendment, which, by its own terms, guaranteed “equal protection of the laws” only vis-à-vis …
Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell
Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell
Transactions: The Tennessee Journal of Business Law
“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …
Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart
Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart
Transactions: The Tennessee Journal of Business Law
No abstract provided.
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene
Tribal Law Journal
The goal of this paper is to attempt to provide a general social and political framework of the Navajo tribe using the creation story and journey narrative. This will provide a comprehensive insight into the history and modern functioning of the tribe for someone who may not understand traditional Navajo thought. Modern legal cases have been integrated into this paper to demonstrate how Navajo courts use and preserve traditional concepts in current legal analysis. This paper will try to convey a traditional Navajo perspective whose ideology is deeply rooted in the creation story and illustrated through the Holy Beings, especially …
The Copyright Act And The Frontier Of Television: What To Do About Aereo, Thomas M. Cramer
The Copyright Act And The Frontier Of Television: What To Do About Aereo, Thomas M. Cramer
Vanderbilt Law Review En Banc
No abstract provided.
Reviving Hanlester Network: A Safe Harbor For Harmless Remunerations Under The Anti-Kickback Statute, Cameron T. Norris
Reviving Hanlester Network: A Safe Harbor For Harmless Remunerations Under The Anti-Kickback Statute, Cameron T. Norris
Vanderbilt Law Review En Banc
No abstract provided.
Rethinking The Right To Vote Under State Constitutions, Michael T. Morley
Rethinking The Right To Vote Under State Constitutions, Michael T. Morley
Vanderbilt Law Review En Banc
No abstract provided.
Why Wynne Worries Me, Edward A. Zelinsky
Why Wynne Worries Me, Edward A. Zelinsky
Vanderbilt Law Review En Banc
No abstract provided.
Common And Uncommon Families And The American Constitutional Order, Linda C. Mcclain
Common And Uncommon Families And The American Constitutional Order, Linda C. Mcclain
Vanderbilt Law Review En Banc
No abstract provided.
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Vanderbilt Law Review En Banc
No abstract provided.
Invisible Women: Why An Exemption For Hobby Lobby Would Violate The Establishment Cause, Mark F. Gedicks, Andrew Koppleman
Invisible Women: Why An Exemption For Hobby Lobby Would Violate The Establishment Cause, Mark F. Gedicks, Andrew Koppleman
Vanderbilt Law Review En Banc
No abstract provided.
Imaginary Contradictions: A Reply To Professor Oleske, Douglas Laycock
Imaginary Contradictions: A Reply To Professor Oleske, Douglas Laycock
Vanderbilt Law Review En Banc
No abstract provided.
The Public Meaning Of Rfra Versus Legislators' Understanding Of Rlpa: A Response To Professor Laycock, James M. Oleske Jr.
The Public Meaning Of Rfra Versus Legislators' Understanding Of Rlpa: A Response To Professor Laycock, James M. Oleske Jr.
Vanderbilt Law Review En Banc
No abstract provided.
Why Wynne Should Win, Dan T. Coenen
Why Wynne Should Win, Dan T. Coenen
Vanderbilt Law Review En Banc
No abstract provided.
Wynne: Lose Or Draw, Brannon P. Denning, Norman R. Williams
Wynne: Lose Or Draw, Brannon P. Denning, Norman R. Williams
Vanderbilt Law Review En Banc
No abstract provided.
Comptroller V. Wynne And The Futile Search For Non-Discriminatory State Taxation, Adam B. Thimmesch
Comptroller V. Wynne And The Futile Search For Non-Discriminatory State Taxation, Adam B. Thimmesch
Vanderbilt Law Review En Banc
No abstract provided.
The Prudential Third Party Standing Of Family-Owned Corporations, Matthew I. Hall, Benjamin Means
The Prudential Third Party Standing Of Family-Owned Corporations, Matthew I. Hall, Benjamin Means
Scholarly Works
On November 26, 2013, the Supreme Court agreed to decide whether for-profit corporations or their shareholders have standing to challenge federal regulations that implement the Patient Protection and Affordable Care Act (ACA). At issue in the two cases consolidated for appeal, Hobby Lobby and Conestoga Wood Specialties, are regulations mandating that employers with fifty or more employees offer health insurance that includes coverage for all contraceptives approved by the Food and Drug Administration (FDA). The plaintiffs assert that providing certain types of contraceptive care would be contrary to their religious beliefs and allege, therefore, that the mandate violates the Religious …
Private Enforcement Of The Kansas Wage Payment Act, Joseph Schremmer
Private Enforcement Of The Kansas Wage Payment Act, Joseph Schremmer
Faculty Articles
The argument of this article is that there should be greater private enforcement of the KWPA, and that this goal can be achieved by amending the KWPA to include an attorney fee shifting provision that awards prevailing plaintiffs their reasonable attorney fee. A fee shift is necessary for three reasons. First, without a fee shift, deserving employees are unfairly barred from enforcing their wage payment claims in court. Second, an attorney fee shift is necessary to give meaning to the rights granted by the KWPA, which are rendered hollow by the lack of enforcement under the present system. And third, …
A Role For Law In Preparing For Death, Barbara A. Noah
A Role For Law In Preparing For Death, Barbara A. Noah
Faculty Scholarship
This Article discusses the limits of how end of life law can address threats to patient autonomy. The reluctance of physicians, patients and family to discuss end of life matters and to confront the certainty of death, together with a culture that actively denies the aging process itself, interferes with a patient’s ability to exercise choice as death approaches. Thus, patients often suffer needlessly from the continuation of treatments and life-supportive measures that they would choose to decline if better informed about their choices and the importance of choosing. Advance directives, as a legal mechanism, often fail fully to protect …
Air Travel And The No Fly List - The District Of Oregon Recognizes A Constitutional Right To Fly, Emily Leezer Landeros
Air Travel And The No Fly List - The District Of Oregon Recognizes A Constitutional Right To Fly, Emily Leezer Landeros
Journal of Air Law and Commerce
No abstract provided.
Regulation Of Air Traffic - The D.C. Circuit Holds That The Faa Has Statutory Authority To Alter Flight Routes To Mitigate The Impact Of Aircraft Noise On Residential Areas, Huy Ly
Journal of Air Law and Commerce
No abstract provided.
The Aviation And Transportation Safety Act And Whisteblowers - How Maclean And The Federal Circuit Sent National Security Into A Nose Dive, Cassie Suttle
Journal of Air Law and Commerce
No abstract provided.
Discriminatory Deplaning: Aviation Security And The Constitution, Nicholas Poppe
Discriminatory Deplaning: Aviation Security And The Constitution, Nicholas Poppe
Journal of Air Law and Commerce
No abstract provided.
Relaxing Restrictions On Cuba: More Air Travel Now Than Before, Jennifer Smiley
Relaxing Restrictions On Cuba: More Air Travel Now Than Before, Jennifer Smiley
Journal of Air Law and Commerce
No abstract provided.
Sharing Public Safety Helicopters, Henry H. Perritt, Eliot O. Sprague, Christopher L. Cue
Sharing Public Safety Helicopters, Henry H. Perritt, Eliot O. Sprague, Christopher L. Cue
Journal of Air Law and Commerce
No abstract provided.
Applying The Discretionary Function Exception To The Waiver Of Sovereign Immunity In Airport Litigation, James L. Cresswell
Applying The Discretionary Function Exception To The Waiver Of Sovereign Immunity In Airport Litigation, James L. Cresswell
Journal of Air Law and Commerce
No abstract provided.
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian Mccall
Faculty Articles
No abstract provided.
Of "Texans" And "Custers": Maximizing Welfare And Efficiency Through Informal Norms, M. Alexander Pearl
Of "Texans" And "Custers": Maximizing Welfare And Efficiency Through Informal Norms, M. Alexander Pearl
Faculty Articles
Professor Robert Ellickson (Yale) theorized that the informal norms of a close-knit community maximize aggregate welfare and Professor Barak Richman (Duke) identified two distinct types of private ordering systems: “shadow of law” and “order without law.” Under the Ellickson-Richman structure, many Indian tribes qualify as close-knit groups where informal norms effectively operate. The additional trait of isolation — both geographic and cultural — makes them ideal communities for the prioritization of informal norms. The imposition of external law, such as state law, is harmful and unnecessary to the maintenance of order in these communities. Recent legislative efforts to ameliorate criminal …
How "Bad Law, Bad Economics And Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner
How "Bad Law, Bad Economics And Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner
Faculty Articles
No abstract provided.
An Environmental Conversation, William Murray Tabb
An Environmental Conversation, William Murray Tabb
Faculty Articles
Federal environmental law and policy ambitiously purports to provide clean air and water, protect endangered and threatened species, clean-up hazardous and toxic waste sites, and infuse environmental considerations into the decision-making process of all federal agencies with respect to major proposals impacting the environment. Despite such lofty goals and an expansion of the regulatory state, certain types of activities and associated risks have eluded statutory coverage. Additionally, these uncoordinated federal environmental statutes typically embody a singular and sometimes myopic focus, leading to unpredictable or undesirable regulatory gaps, constraints, and inefficiencies. Further, limitations on standing and judicial review may significantly limit …