Law Commons^™

Civil Rights In A Desegregating America, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

No abstract provided.

Intra-Agency Coordination, Jennifer Nou

Public Law and Legal Theory Working Papers

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 37, Issue 1

Cardozo Law Review

No abstract provided.

The Eminent Domain Path Out Of A Public Pension Crisis, Adam Riff

Cardozo Law Review

No abstract provided.

A Safe Harbor For Communicating Or Trading On Material Nonpublic Information Obtained Through "Replicable" Methods Or Strategies: Proposed Sec Rule 10b5-Sh, Bernard Tsepelman

Cardozo Law Review

No abstract provided.

Criminal Confrontation Of Nuclear Danger, Dr. Emadeldin Mohamed Kammel Abdulhamed

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Criminal confrontation for Nuclear Danger of the most important and dangerous issues facing the peaceful use of nuclear energy, especially with the scientific and technological progress in the field Any nuclear activity, whether individually or collectively, must result in a nuclear radiation, that is the essence of nuclear radiation damage that can be gripping humans and the environment around him This special nature of the nuclear threat and caused a change in the evolution of the criminal threat theory Research subject is divided into two chapters and preliminary Study, Section primer: what the danger is generally the basis for criminalization, …

Focusing The Multifactor Test For Employee Status: The Restatement’S Entrepreneurial Formulation, Michael C. Harper

Faculty Scholarship

The American Law Institute’s twenty-first century mission to restate for the first time American employment law carried the responsibility to provide more clear guidance on the law’s critical distinction between employees and independent contractors. This distinction delineates the scope not only of federal employee protection and benefit statutes, but also of employee protections and benefits conferred by state statutory and common law.

A Restatement of Employment Law, however, like any Restatement, could not formulate clearer or otherwise more desirable doctrine from the whole cloth of the views and values of the Reporters or the ALI membership. The Restatement could not …

Patent Trolls And Preemption, Paul Gugliuzza

Faculty Scholarship

Patent law is usually thought to be the domain of the federal government, not state governments. Yet over half the states have recently passed statutes outlawing unfair or deceptive assertions of patent infringement. The statutes are aimed at fighting so-called patent trolls, particularly those who send letters to users of allegedly infringing technology — as opposed to the manufacturers of that technology — demanding that each user purchase a license for a few thousand dollars or else face an infringement suit. The Federal Circuit, however, has held that state law claims challenging acts of patent enforcement are preempted by the …

The Uniformed Topograhy Of Patent Scope, Janet Freilich

Faculty Scholarship

Setting and ascertaining patent scope are among the most important questions in patent law. However, we cannot accurately set patent scope. This is because patent scope has a sequence-of- information problem. Patent scope is set at the time that a patent is granted, while the information necessary to set and measure patent scope is not obtained until many years later. In consequence, the scope of any given patent is very likely to contain significant "error," meaning that the scope is broader or narrower than the theoretical ideal (the minimum amount of scope necessary to incentivize innovation). Deviation from the theoretical …

The Dependent Origins Of Independent Agencies: The Interstate Commerce Commission, The Tenure Of Office Act, And The Rise Of Modern Campaign Finance, Jed Handelsman Shugerman

Faculty Scholarship

Independent regulatory agencies are some of the most powerful institutions in the United States, and we think of them today as designed to be insulated from political control. This Article shows that their origins were the opposite: this model first emerged in the late nineteenth century because it offered more political control.

The modern executive's design of unitary presidential control over most offices, alongside "independent" regulatory agencies, took shape in the winter of 1886-1887. Congress repealed the Tenure of Office Act, giving the President the unchecked power to dismiss principal officers and ending the Senate's power to protect those officers. …

Villanelle For Susan Martyn, Elizabeth Mccuskey

Faculty Scholarship

A poem in honor of Susan Martyn

W&L Law Fall Scholarship Celebration 2015, Brant J. Hellwig

Library Events

On September 30, 2015, the Washington and Lee Law Library hosted a Fall Scholarship Celebration. The event took place in the Law Library's third floor reading room from 4:30 to 6:30 p.m.

On display were dozens of scholarly articles, books, chapters, and amicus briefs authored by the W&L Law faculty and student body during 2014 and 2015, with hundreds of additional works accessible online through the Scholarly Commons institutional repository.

Faculty, librarians, staff, and administrators mingled with law students over hors d'oeuvres and wine to peruse the formidable scholarly output of the W&L Law community. Spouses, alumni, faculty from W&L's …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A 2015 Analysis And Update On U.S. Pore Space Law —The Necessity Of Proceeding Cautiously With Respect To The “Stick” Known As Pore Space, Trae Gray

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Regulation Of Midstream Gas Gathering Companies In Texas And Oklahoma, John Morozuk

Oil and Gas, Natural Resources, and Energy Journal

This article will discuss the state regulation of midstream natural gas gathering companies in Texas and Oklahoma. For purposes of this article, a midstream natural gas gathering company is a person or legal entity that owns or operates a pipeline system or systems to receive natural gas at or near the wellhead or a central receipt point in a field and deliver the natural gas to a downstream delivery point that is not an end use customer. The pipeline system or systems operate entirely within the borders of a single state and are not subject to regulation by the Federal …

Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

International Criminal Law’S Millennium Of Forgotten History, Ziv Bohrer

Faculty Colloquia

No abstract provided.

September 30, 2015: Did Pope Francis Do His Job?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Did Pope Francis Do His Job?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Information Exchange Between Competitors As A Competition Restriction. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of (Second Chamber) Of 19 March 2015 In Case C-286/13 P Dole Food Company, Inc. I Dole Fresh Fruit Europe Przeciwko Komisji Europejskiej, Barbara Giermek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

James Harvey Jordan, Et Al. V. Eddie R. Jensen And Ly-Thi Jensen : Brief Of Appellants Eddir R. Jensen And Ly-Thi Jensen, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Ruling and Order by the Eighth Judicial District Court for Uintah County, State of Utah, the Honorable Samuel P. Chiara Presiding

Report On The Inauguration Of The Polish Edition Of Icc Antitrust Compliance Toolkit, Organized By Icc Poland, Maciej Gac

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Warsaw, 9 June 2015

Entire Issue Vol. 4 No. 5

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 4(5)

Thomas L. Norton, Plaintiff/ Appellant, Vs. Autumn M. Hess, Defendant/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Findings of Fact, Conclusions of Law and Order of Dismissal with Prejudice, entered March 9, 2015, in the Second District Court for Weber County, State of Utah, by Honorable Joseph Bean.

Dennis Cheek, Plaintiff/Appellant, V. Clay Bullock Construction, Inc., Ad Utah Corporation; And Cly Bullock, An Individual, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from the trail court's findings of fact, conclusions of law and order entered the 2nd day of February, 2015, after a five day bench trial involving construction and improvement of a commercial building. The Sears store in Cedar City, Iron County, Utah, the Honorable Judge Paul D. Lyman presiding, assigned as a district court judge for the Fifth Judicial District Court, the court finiding no breach of contract odamages

A Long-Term Follow-Up Of Crossover Youth: Young Adult Outcomes For Maltreated Youth In The Juvenile Justice System, Carly Lyn Baetz

Dissertations, Theses, and Capstone Projects

Crossover youth, those with histories of childhood maltreatment and delinquency, may be at high risk for negative outcomes compared to other youth. However, very little is known about the long-term outcomes for this population. This dissertation compared four groups: youth with histories of child maltreatment and juvenile arrest (n = 180), youth with a history of maltreatment only (n = 428), youth with a history of juvenile arrest only (n = 91), and youth with no history of maltreatment or juvenile arrest (n = 496), on a range of outcomes, including mental health, education, employment, and criminal behavior. Data from …

Consequences Of Independent Public Healthcare Providers Not Being Granted The Status Of An “Economic Entity” In Light Of National And Eu Competition Rules. Case Comment To The Judgment Of The Supreme Court Of 22 July 2014, Sk 192/13, Radosław Szczepka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Newsroom: Yelnosky On Franchisor Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Report On The 1st Polish Congress Of Competition Law, Dariusz Aziewicz, Agnieszka Jabłonowska, Teresa Kaczyńska, Aleksandra Kłoczko, Katarzyna Skowrońska, Ilona Szwedziak-Bork, Bartosz Targański

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Warsaw, 13–15 April 2015

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Membangun Parameter Intersubjektif Pornografi Dengan Perspektif Postmodernisme (Studi Kasus Putusan Nomor 39/Pid.Sus/2014/Pn.Wsb), Josua Sitompul

Jurnal Hukum & Pembangunan

One of fundamental idea established in postmodern concept is advoacy of diversity and freedom without determined by mainstreams. Postmodernism, though started from art and literature, has developed into various disciplines, include law. Discussions of the idea within legal discourses, at one side, have tried to link the mainstreams and the minorities in harmony, but at the other side, law demands to be exercised uniformly. This article discuss postmodern perspective in understanding pornography within the context of Law 44/2008 on Pornography; this law remains retain problems regarding the concept of pornography that law enforcement officers, particularly judges, have to solve. The …