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2015

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Articles 1 - 30 of 594

Full-Text Articles in Law

Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Dec 2015

Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice § 5.5 n.104a, at 5-35 (2d ed. Cum. Supp. 2015) (posted on Westlaw).

[22 December 2014]


Louisiana Public Records Doctrine After Wede V. Niche Marketing, Joseph S. Manning Dec 2015

Louisiana Public Records Doctrine After Wede V. Niche Marketing, Joseph S. Manning

Joseph S Manning

No abstract provided.


Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo Dec 2015

Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?


Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco Dec 2015

Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Konstantinos G. Margaritis, The Treaty Of Lisbon And The Protection Of Fundamental Rights In The European Union (2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens), Citing Tillman & Tillman's Fragment On Shall & May, Seth Barrett Tillman Dec 2015

Konstantinos G. Margaritis, The Treaty Of Lisbon And The Protection Of Fundamental Rights In The European Union (2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens), Citing Tillman & Tillman's Fragment On Shall & May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Konstantinos G. Margaritis, The Treaty of Lisbon and the protection of fundamental rights in the European Union (2015) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens) (on file with author), citing Tillman & Tillman's A Fragment on Shall and May.

[10 December 2015]


Is There A Way In The Labyrinth Of Treaty Norms Leading To The Applicable Rule? Investor-State Investment Settlement Under The China-Korea Fta, China-Japan-Korea Bit And China-Korea Bit, Q Kong Dec 2015

Is There A Way In The Labyrinth Of Treaty Norms Leading To The Applicable Rule? Investor-State Investment Settlement Under The China-Korea Fta, China-Japan-Korea Bit And China-Korea Bit, Q Kong

q kong

With the signature of the Free Trade Agreement between the People’s Republic of China and the Republic of Korea (CK FTA) in 2015 and its incoming ratification, there will be three sets of rules with respect to investment flow between China and Korea, i.e., The Agreement among the Government of the People’s Republic of China, the Government of Japan and the Government of the Republic of Korea on the Promotion and Protection of Investment (CKJ BIT, 2013) , the Agreement of the Government of the People’s Republic of China and the Government of the Republic of Korea on the Promotion …


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty Dec 2015

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt Dec 2015

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …


Extract From William J. Rich, Modern Constitutional Law (3d Ed. Supp. Dec. 2015), Citing Tillman's Response To Lessig, Seth Barrett Tillman Nov 2015

Extract From William J. Rich, Modern Constitutional Law (3d Ed. Supp. Dec. 2015), Citing Tillman's Response To Lessig, Seth Barrett Tillman

Seth Barrett Tillman

1 William J. Rich, Modern Constitutional Law Campaign Contributions § 8.17 (3d ed. Supp. Dec. 2015), available at http://works.bepress.com/seth_barrett_tillman/553/.

[29 November 2015]


Joinder Of Unrelated Infringers As Defendants In Patent Litigation Under The Jurisprudence Of The United States District Court For Eastern District Of Texas—A Critical Review, Ping-Hsun Chen Nov 2015

Joinder Of Unrelated Infringers As Defendants In Patent Litigation Under The Jurisprudence Of The United States District Court For Eastern District Of Texas—A Critical Review, Ping-Hsun Chen

Ping-Hsun Chen

On September 16, 2011, the American patent system started a new era because of the enactment of the Leahy-Smith America Invents Act (“AIA”). 35 U.S.C. § 299 was enacted to limit district court’s power to permit joinder of unrelated infringers as defendants in a single lawsuit. Before that, district courts apply Rule 20 of the Federal Civil Procedure. The Eastern District of Texas had permitted joinder only because the same patent was infringed. By introducing § 299, Congress intended to abrogate such approach. Later, the Federal Circuit in In re EMC limited the practice of Rule 20 and required a …


Kia, Nuevo León E Incentivos, Alejandro Faya Rodriguez Nov 2015

Kia, Nuevo León E Incentivos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Comentarios A La Ley 30354, Omar Andrés Mestanza Garcia Nov 2015

Comentarios A La Ley 30354, Omar Andrés Mestanza Garcia

Omar Mestanza Garcia

No abstract provided.


Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk Nov 2015

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey C. Grass Jd, Ms, Aclm Nov 2015

The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey C. Grass Jd, Ms, Aclm

Jeffrey C Grass Esq.

The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment when evaluating …


Doc, Nurdn Julius Nurdin Dr Spencer Nov 2015

Doc, Nurdn Julius Nurdin Dr Spencer

nnko julius nurdin man

Reading adding knowdge as more as you pursue a number of books you built a new concept


Different Reading, Nurdn Julius Nurdin Dr Spencer Nov 2015

Different Reading, Nurdn Julius Nurdin Dr Spencer

nnko julius nurdin man

No abstract provided.


A Survey Of Illinois Code Of Civil Procedure Section 2-619(A)., Wm. Dennis Huber Nov 2015

A Survey Of Illinois Code Of Civil Procedure Section 2-619(A)., Wm. Dennis Huber

Wm. Dennis Huber

The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2-619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavits.


Hipersensibilidad Al... ¿Wifi? (A Propósito De Un Reciente Pronunciamiento Francés), Jose L. Gabriel Rivera Nov 2015

Hipersensibilidad Al... ¿Wifi? (A Propósito De Un Reciente Pronunciamiento Francés), Jose L. Gabriel Rivera

Jose L. Gabriel Rivera

No abstract provided.


Uwg-Novelle 2015 - Synopse, Christian Alexander Nov 2015

Uwg-Novelle 2015 - Synopse, Christian Alexander

Christian Alexander

Synopse UWG 2008 - Regierungsentwurf - Beschlussempfehlung und Bericht - Richtlinie 2005/29/EG


Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd Nov 2015

Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd

Ruben B Botello JD

SUBJECT: Ramsey Muniz, Prisoner #40288-115 Mr. President: We pray you and your loved ones are doing well. The 1994 Three Strikes law used, to sentence Mr. Ramsey Muniz (Federal Prisoner #40288-115) should never have been applied to his case according to U.S. Assistant Attorney General Jo Ann Harris. (see her below 1995 Memo to all U.S. lawyers) Furthermore, this federal Three Strikes law now held unconstitutional by the U.S. Supreme Court, in Johnson vs. United States, June 26, 2015 (see http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf). It was enacted, to put serious violent felons behind bars for life, not defendants like Mr. Muniz who was …


Direitos Sociais, Estado De Direito E Desigualdade: Reflexões Sobre As Críticas À Judicialização Dos Direitos Prestacionais, Jane Reis Gonçalves Pereira Nov 2015

Direitos Sociais, Estado De Direito E Desigualdade: Reflexões Sobre As Críticas À Judicialização Dos Direitos Prestacionais, Jane Reis Gonçalves Pereira

Jane Reis Gonçalves Pereira

A tensão ancestral entre democracia e poder judicial é aparentemente acentuada quando se trata de conferir efetividade aos direitos sociais. O presente artigo discute as principais críticas à implementação de direitos positivos pelo Poder Judiciário. Primeiramente, é apresentada uma revisão dos tópicos mais importantes na dogmática sobre os direitos sociais. Em sequência, busca-se enfrentar as objeções postas à ampliação do papel do Judiciário na realização desses direitos, sem deixar de reconhecê-las como referenciais importantes para a construção de um modelo interpretativo adequado. A hipótese central é de que as críticas à intervenção do Judiciário em políticas públicas sobrevalorizam as falhas …


Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh Nov 2015

Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh

Susan Yeh

See paper


Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow Nov 2015

Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow

Curtis E.A. Karnow

Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics


Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man Nov 2015

Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man

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I inviting you to read as much as you can so us to build up your knowledge


Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man Nov 2015

Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man

nnko julius nurdin man

I inviting you to read as much as you can so us to build up your knowledge


Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man Nov 2015

Freedom Of Press As Per Article 18 Of Urt, Nnko Julius Nurdin Man

nnko julius nurdin man

I inviting you to read as much as you can so us to build up your knowledge


Law Of Evidence Notice, Nnko Julius Nurdin Man Nov 2015

Law Of Evidence Notice, Nnko Julius Nurdin Man

nnko julius nurdin man

I inviting you to read as much as you can so us to build up your knowledge


7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti Nov 2015

7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti

Corey A Ciocchetti

These slides cover the 7 most important things you need to know about Constitutional Law - especially as it relates to business. Topics covered include the Supremacy Clause & preemption, Commercial Speech & the First Amendment, the Commerce Clause, the Bill of Rights and Constitutional History.


7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti Nov 2015

7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti

Corey A Ciocchetti

These presentation slides cover the 7 most important things you need to know about the American Court System. They cover: personal jurisdiction, subject matter jurisdiction, removal, change of venue, and the steps in bringing a lawsuit.


Federal Agencies In The Legislative Process: Technical Assistance In Statutory Drafting, Christopher J. Walker Nov 2015

Federal Agencies In The Legislative Process: Technical Assistance In Statutory Drafting, Christopher J. Walker

Christopher J. Walker

Federal agencies draft statutes. Indeed, they are often the chief architects of the statutes they administer. Even when federal agencies are not the primary substantive authors, they routinely respond to congressional requests to provide technical assistance in statutory drafting. Yet despite their substantial role in the legislative process, our understanding about how agencies interact with Congress is greatly undertheorized and perhaps even less understood empirically. This Report, which was commissioned by the Administrative Conference of the United States (ACUS), explores the latter role of federal agencies in the legislative process: the provision of technical assistance in statutory drafting.

To better …