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2014

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Articles 331 - 360 of 12634

Full-Text Articles in Law

Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher Dec 2014

Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher

Duke Law & Technology Review

Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with the controversial “record” button that Sony included with its Betamax players over thirty years ago. The Betamax player was the subject of the landmark case Sony v. Universal, a foundational case for the modern application of copyright law to new technology. This Issue Brief examines how this “share” feature would fare under the framework laid out by Sony v. Universal and other evolutions …


Newsroom: Horwitz On The Role Of Grand Juries, Roger Williams University School Of Law Dec 2014

Newsroom: Horwitz On The Role Of Grand Juries, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Highly Political Supreme Court, Riley Lane Munks Dec 2014

The Highly Political Supreme Court, Riley Lane Munks

Student Scholar Symposium Abstracts and Posters

This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …


Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino Dec 2014

Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino

Student Scholar Symposium Abstracts and Posters

The personal papers of American Jesuit priest, Wilfrid Parsons, evince an international information war concerned with the praxis of "facts" pertaining to Mexico’s Church and state conflicts of 1925 to 1939. While editor-in-chief of the Jesuit weekly magazine, "America", (1925-1936) Parsons transformed the publication into the pre-eminent Catholic source of information about the "Mexican situation", consequently enabling him to coordinate the publication of "facts" with several other New York based Catholic publications. However, rather than speaking to strictly Catholic interests in the Mexican conflict, research has shown that, when analyzed as a focal point of information processing, the sources in …


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali Dec 2014

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman Dec 2014

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.


The Week After, Lawrence K. Karlton Dec 2014

The Week After, Lawrence K. Karlton

Touro Law Review

No abstract provided.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Dec 2014

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz Dec 2014

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Dec 2014

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson Dec 2014

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


First Amendment Cases In The October 2004 Term, Joel M. Gora Dec 2014

First Amendment Cases In The October 2004 Term, Joel M. Gora

Touro Law Review

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen M. Kaufman Dec 2014

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.


Takings Cases In The October 2004 Term, Leon D. Lazer Dec 2014

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.


Federalism Cases In The October 2004 Term, Erwin Chemerinsky Dec 2014

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Dec 2014

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Ndls Update 12/09/2014, Notre Dame Law School Dec 2014

Ndls Update 12/09/2014, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.


December 9, 2014: There Was A Moment, Bruce Ledewitz Dec 2014

December 9, 2014: There Was A Moment, Bruce Ledewitz

Hallowed Secularism

Blog post, “There Was a Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Rotc News, Georgia Southern University, Rotc Dec 2014

Rotc News, Georgia Southern University, Rotc

ROTC News Online

Cadet Ranks Fourth in Nation


Claim Clarity At The Uspto, Jonas Anderson Dec 2014

Claim Clarity At The Uspto, Jonas Anderson

Presentations

Slide page 23-29


Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia Dec 2014

Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Kansas v. Nebraska & Colorado. The Supreme Court will have the opportunity to resolve a decades-old conflict over water rights in the Republican River which flows through Colorado, Nebraska, and Kansas. In this case of original jurisdiction, the Court will determine both whether Nebraska violated a 60-year old compact concerning water rights, and what the appropriate remedy should be for that violation.


Review: Compassionate Care For The Living And The Dying, Browne C. Lewis Dec 2014

Review: Compassionate Care For The Living And The Dying, Browne C. Lewis

Law Faculty Articles and Essays

This is a review of "The End of End-of Life Law" (92 N.C.L. Rev. 1693 (2014), by Lois L. Shepard. In light of medical advances and increasing health care costs, conversations about end-of-life care will continue to occur. A significant portion of the discussion will focus on ways to handle surrogate decision-making. The practical suggestions Professor Shepherd includes in her article could be a valuable part of that dialogue.


Rotc News, Georgia Southern University, Rotc Dec 2014

Rotc News, Georgia Southern University, Rotc

College of Science & Mathematics: News & Publications (2012-2022)

Cadet Ranks Fourth in Nation


The Twilight Of The Minimum Contacts Test, Patrick J. Borchers Dec 2014

The Twilight Of The Minimum Contacts Test, Patrick J. Borchers

Seton Hall Circuit Review

No abstract provided.


A Collision Course Between The Right Of Publicity And The First Amendment: The Third And Ninth Circuit Find Ea Sports’S Ncaa Football Video Games Infringe Former Student-Athletes Right Of Publicity, Michael Feinberg Dec 2014

A Collision Course Between The Right Of Publicity And The First Amendment: The Third And Ninth Circuit Find Ea Sports’S Ncaa Football Video Games Infringe Former Student-Athletes Right Of Publicity, Michael Feinberg

Seton Hall Circuit Review

No abstract provided.


The Reporter’S Privilege Is Essential To Checks And Balances Being Accessible To The American Electorate, Amanda A. Konarski Dec 2014

The Reporter’S Privilege Is Essential To Checks And Balances Being Accessible To The American Electorate, Amanda A. Konarski

Seton Hall Circuit Review

No abstract provided.


Some Mistakes Are Greater Than Others: Why A Categorical Exclusion Is A Proper Response To A Police Officer's Mistake Of Law During A Traffic Stop, Daniel J. Gilbert Dec 2014

Some Mistakes Are Greater Than Others: Why A Categorical Exclusion Is A Proper Response To A Police Officer's Mistake Of Law During A Traffic Stop, Daniel J. Gilbert

Seton Hall Circuit Review

No abstract provided.


To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma Dec 2014

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …


Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber Dec 2014

Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber

Pace Law Review

In Part I of this Note, I will provide a general overview of leveraged buyouts. The discussion of how and why LBOs are implemented is particularly relevant to the application of fraudulent transfer analysis. In Part II, I will discuss fraudulent transfer law as defined by the Bankruptcy Code. In Part III, I will discuss which transfers within the LBO should be attacked under fraudulent transfer law and why; this section will focus on the various stakes of the parties involved in the leveraged buyout transaction. I will provide an overview of the specific factors that bankruptcy and federal appellate …


Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters Dec 2014

Meaningful Involvement In Collections: Should Ethics Or The Fdcpa Govern?, Jeffrey S. Peters

Pace Law Review

This Note will explain and analyze the Fair Debt Collection Practices Act (FDCPA) and its case law. It will also discuss the interplay between the FDCPA case law and its ethical overtones. To understand the basis of this issue, Part II of this Note will begin by briefly developing the history and background of the FDCPA and discuss specific sections of the law designed to protect debtors from abusive debt collection practices. Notably, these sections relate to the prevention of improper practices for misleading debtors, and are the focus of the lawsuits that this Note will discuss. Accordingly, Part III …