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2015

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Articles 1 - 30 of 4792

Full-Text Articles in Law

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman Dec 2015

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Discussion of Supreme Court case Fisher v. University of Texas


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]


Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais Dec 2015

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

This Article considers whether the Geneva Act (2015) of the 1958 Lisbon Agreement achieved a reconciliation between the common-law approach to protecting certain GIs as trademarks and the (currently) mostly European approach of using a sui generis system to protect GIs. In “Old Lisbon” as in many parts of Europe—and perhaps more strikingly in France—GIs have deep roots in the terroir. And the terroir matters: it is not an exaggeration to say that some countries link terroir to national identity. New World producers see things differently, but they also recognize the value of geographic origin, at least for certain …


48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon Dec 2015

48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details merged first, followed by resistance to suggestions about positive …


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.


The Play(Fulness) Of Law, Nicole Rogers Dec 2015

The Play(Fulness) Of Law, Nicole Rogers

Dr Nicole Rogers

In this thesis, I undertake an investigation into the relationship between play, playfulness and law. Law relies on a certain form of play, rule-bound orderly play; this is demonstrated, for example, in the ceremony of the trial. Furthermore, underpinning every legal system, we find a different form of play: the spontaneous and disruptive performances of revolutionary violence which found every state.

Play can be, in fact, an unpredictable force. Play can disrupt or derail the structured performances of law; play can deflect the violence of the state. I am interested in the dramatic possibilities of using subversive play, or playfulness, …


William B. Lockhart And Bernard E. Witkin, Jesse H. Choper Dec 2015

William B. Lockhart And Bernard E. Witkin, Jesse H. Choper

Jesse H Choper

No abstract provided.


‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson Dec 2015

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Richard J. Wilson

No abstract provided.


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Dec 2015

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng Dec 2015

The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng

Michael P. Seng

No abstract provided.


Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath Dec 2015

Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath

James McGrath

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. …


Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol Dec 2015

Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.

This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …


Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair Dec 2015

Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair

Marianne Blair

No abstract provided.


Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke Dec 2015

Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke

Karen Burke

The rise of limited liability companies (LLCs) classified as partnerships for federal income tax purposes challenges traditional assumptions concerning the treatment of recourse and nonrecourse liabilities under Subchapter K. The complex rules of sections 704(b) and 752 give little attention to liabilities that are recourse to the entity under section 1001 but for which no member bears the economic risk of loss under section 752. In comparison to traditional general or limited partnerships, however, LLCs are much more likely to incur such "exculpatory" liabilities because of the limited liability shield under state law. Although exculpatory liabilities are functionally quite similar …


A Winn For Educational Pluralism, Nicole Stelle Garnett Dec 2015

A Winn For Educational Pluralism, Nicole Stelle Garnett

Nicole Stelle Garnett

This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …


Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison Dec 2015

Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison

Angela D. Morrison

Appellants sought a stay of the district proceedings under Nevada Rules of Appellate Procedure 8(c), during their appeal of the district court’s denial of appellant’s motion to compel arbitration.


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews Dec 2015

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …


Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews Dec 2015

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz Dec 2015

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz Dec 2015

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.


Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson Dec 2015

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Robin Fretwell Wilson

Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …


A Dream Deferred, Ruth-Arlene W Howe Dec 2015

A Dream Deferred, Ruth-Arlene W Howe

Ruth-Arlene W. Howe

Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.


Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert Dec 2015

Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert

Thomas T Ankersen

Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …


Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert Dec 2015

Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert

Thomas T Ankersen

Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …


Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2015

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

No abstract provided.


Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Dec 2015

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Stephen P. Garvey

No abstract provided.