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Articles 2221 - 2250 of 12632
Full-Text Articles in Law
10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu
10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer
Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer
Appellate and Supreme Court Clinic
No abstract provided.
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
LLM Theses
This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather than ameliorates the systemic failures of the criminal justice system in its dealings with Aboriginal people. Aboriginal people are grossly over-represented in Canadian prisons including those being detained in remand custody. It is now settled that the principles expressed in Gladue are applicable outside of the context of sentencing and in many jurisdictions have been found to be applicable to judicial interim …
Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos
Alliance For The Wild Rockies And Native Ecosystems Council V. Krueger, Nicholas R. Vandenbos
Public Land & Resources Law Review
Environmental plaintiffs demanded injunctions following U.S. Forest Service approval of two fuel reduction projects in the Gallatin National Forest, alleging, inter alia, ESA and NEPA violations. Although both projects had already been challenged in Salix v. United States Forest Serv., Plaintiffs in Alliance for the Wild Rockies alleged specific harms, allowing the court to create a new injunction standard for cases involving procedural, programmatic violation of the ESA. The new test harmonizes two conflicting lines of Ninth Circuit precedent.
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Cornell Law Review
No abstract provided.
Chastain V. Sunquist: A Narrow Reading Of The Doctrine Of Legislative Immunity , Richard D. Batchelder Jr.
Chastain V. Sunquist: A Narrow Reading Of The Doctrine Of Legislative Immunity , Richard D. Batchelder Jr.
Cornell Law Review
No abstract provided.
September 28, 2014: The Most Pressing Issue Of Our Time: The Relationship Between Science And Religion, Bruce Ledewitz
September 28, 2014: The Most Pressing Issue Of Our Time: The Relationship Between Science And Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Most Pressing Issue of Our Time: The Relationship between Science and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman
Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman
Cornell Law Faculty Working Papers
The American Law Institute (ALI) has just completed the Restatement of the Law Third, Employment Law. Chapter 2 is entitled "Employment Contracts: Termination." As the name suggests, the Chapter focuses on the law's difficult challenge of applying contract law to distinguish lawful terminations of employees from wrongful ones. The question is especially problematic because, on the one hand, employment law's long-existing default rule allows employers to terminate employees "at will" and without cause. Advocates of the at-will doctrine present several policies to support it, including freedom of contract and efficiency. On the other hand, employers seek to attract talented employees …
September 27, 2014: How To Pray, Bruce Ledewitz
September 27, 2014: How To Pray, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Pray“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West
Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West
Public Land & Resources Law Review
The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
American evangelicals have a history of engagement in social issues in general and anti-slavery activism in particular. The last 10 years have seen an increase in both scholarly attention to evangelicalism and evangelical focus on contemporary forms of slavery. Extant literature on this engagement often lacks the voices of evangelicals themselves. This study begins to fill this gap through a qualitative exploration of how evangelical and mainline churchgoers conceptualize both the issue of human trafficking and possible solutions. I extend Michael Young's recent work on the confessional schema motivating evangelical abolitionists in the 1830s. Through analysis of open-ended responses to …
Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland
Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
In Re: David Stout, Utah Valley Regional Medical Center, Petitioners/ Appellants, Vs. Wasatch Mental Heal Th, Respondents/ Appellee., Utah Court Of Appeals
In Re: David Stout, Utah Valley Regional Medical Center, Petitioners/ Appellants, Vs. Wasatch Mental Heal Th, Respondents/ Appellee., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Utah Department Qf Health, Division of Medicaid and Health Financing
Great Nations Can Work On Mistakes, Kevin Washburn
Great Nations Can Work On Mistakes, Kevin Washburn
Faculty Scholarship
No abstract provided.
Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress
Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress
Native American Water Rights Settlement Project
The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.
Valuation Standards For Calculating Icsid Awards, Jason Pan
Valuation Standards For Calculating Icsid Awards, Jason Pan
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of International Centre for Settlement of Investment Disputes (ICSID) and its approach to award valuation. It analyzes the challenges of implementing the International Valuation Standards Council (IVSC) valuation standards for calculation of awards during ICSID arbitrations for valuation of property.
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Pepperdine Dispute Resolution Law Journal
Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent …
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle
Pepperdine Dispute Resolution Law Journal
This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic
A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
Georgia Journal of International & Comparative Law
No abstract provided.
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene
Georgia Journal of International & Comparative Law
No abstract provided.
A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson
A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
International Norms In Constitutional Law, Michael Wells
International Norms In Constitutional Law, Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
A Constitution For An Enlarged Europe, Manuel Medina Ortega
A Constitution For An Enlarged Europe, Manuel Medina Ortega
Georgia Journal of International & Comparative Law
No abstract provided.