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2014

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Articles 2521 - 2550 of 12632

Full-Text Articles in Law

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge Sep 2014

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Georgia Journal of International & Comparative Law

No abstract provided.


Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera Sep 2014

Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green Sep 2014

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi Sep 2014

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates Sep 2014

Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates

Georgia Journal of International & Comparative Law

No abstract provided.


Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice, Ryan C. Burke Sep 2014

Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice, Ryan C. Burke

Georgia Journal of International & Comparative Law

No abstract provided.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock Sep 2014

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Qualified Immunity And Statutory Interpretation, Ilan Wurman Sep 2014

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …


Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis Sep 2014

Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis

Seattle University Law Review

The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …


Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson Sep 2014

Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson

Seattle University Law Review

In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy Sep 2014

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …


Vol. 47, No. 02 (September 8, 2014) Sep 2014

Vol. 47, No. 02 (September 8, 2014)

Indiana Law Annotated

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey Sep 2014

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon establishing that a …


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson Sep 2014

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …


United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik Sep 2014

United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik

Media Presence

No abstract provided.


Criminalizing Politics, Jeffrey Bellin Sep 2014

Criminalizing Politics, Jeffrey Bellin

Popular Media

No abstract provided.


September 6, 2014: Religion In Magic In The Moonlight, Bruce Ledewitz Sep 2014

September 6, 2014: Religion In Magic In The Moonlight, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion in Magic in the Moonlight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Jurisdictional Question In Hobby Lobby, The, Erin Morrow Hawley Sep 2014

Jurisdictional Question In Hobby Lobby, The, Erin Morrow Hawley

Faculty Publications

Burwell v. Hobby Lobby Stores may well be the biggest case of the term. And by its own rules, the Supreme Court lacked jurisdiction. An obscure statute, the Anti-Injunction Act of 1867 (“the AIA”), imposes a pay-first requirement for federal tax challenges. The deeply held conventional wisdom is that the AIA is a jurisdictional statute, and there is a good argument that the AIA applies to the contraception mandate. As we learned from National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), the best evidence of whether Congress intended the AIA to apply is the text. The mandate …


Delaware Public Benefit Corporations 90 Days Out: Who's Opting In?, Alicia E. Plerhoples Sep 2014

Delaware Public Benefit Corporations 90 Days Out: Who's Opting In?, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

The Delaware legislature recently shocked the sustainable business and social enterprise sector. On August 1, 2013, amendments to the Delaware General Corporation Law became effective, allowing entities to incorporate as a public benefit corporation, a new hybrid corporate form that requires managers to balance shareholders’ financial interests with the besat interests of stakeholders materially affected by the corporation’s conduct, and produce a public benefit. For a state that has long ruled U.S. corporate law and whose judiciary has frequently invoked shareholder primacy, the adoption of the public benefit corporation form has been hailed as a victory by sustainable business and …


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic Sep 2014

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin Sep 2014

Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie Sep 2014

The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie

Georgia Journal of International & Comparative Law

No abstract provided.


The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge Sep 2014

The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge

Georgia Journal of International & Comparative Law

No abstract provided.


Media Ownership Regulations: A Comparative Perspective, Enrique Armijo Sep 2014

Media Ownership Regulations: A Comparative Perspective, Enrique Armijo

Georgia Journal of International & Comparative Law

No abstract provided.


West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals Sep 2014

West Valley City, Petitioner, -V.- John Coyle And West Valley City Civil Service Commission, Respondents., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE MAY 15, 2014 DECISION AND ORDER OF THE WEST VALLEY CITY CIVIL SERVICE COMMISSION


A Randomized Experiment Of The Split Benefit Health Insurance Reform To Reduce High-Cost, Low-Value Consumption, Christopher Robertson, David V. Yokum, Nimish Sheth, Keith A. Joiner Sep 2014

A Randomized Experiment Of The Split Benefit Health Insurance Reform To Reduce High-Cost, Low-Value Consumption, Christopher Robertson, David V. Yokum, Nimish Sheth, Keith A. Joiner

Faculty Scholarship

Traditional cost sharing for health care is stymied by limited patient wealth. The “split benefit” is a new way to reduce consumption of high-cost, low-value treatments for which the risk/benefit ratio is uncertain. When a physician prescribes a costly unproven procedure, the insurer could pay a portion of the benefit directly to the patient, creating a decision opportunity for the patient. The insurer saves the remainder, unless the patient consumes. In this paper, a vignette-based randomized controlled experiment with 1,800 respondents sought to test the potential efficacy of the split benefit. The intervention reduced the odds of consumption by about …


Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian Sep 2014

Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian

NULR Online

No abstract provided.


Controlling The Empire: Measuring Ethnic Residential Segregation In London, 2001-2011, Lindsay Joella Spell Sep 2014

Controlling The Empire: Measuring Ethnic Residential Segregation In London, 2001-2011, Lindsay Joella Spell

Dissertations and Theses

This research presents an overview of ethnic residential segregation in London, England, from 2001 to 2011 using four different methods of measurement. The purpose of the study was to both examine changes in the level of segregation among different ethnic groups between census dates and to compare various methods of measurement. Using the Index of Dissimilarity, Poulsen et al.'s (2001) typology classification and two different local statistics (Getis-Ord G* and Anselin Local Moran's I), the levels of concentration of the five main ethnic minority groups in London were measured for data from the 2001 and 2011 censuses. The five ethnic …