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Articles 541 - 570 of 14369
Full-Text Articles in Law
Insurance, Bradley S. Wolff, Stephen Schatz, Maren R. Cave
Insurance, Bradley S. Wolff, Stephen Schatz, Maren R. Cave
Mercer Law Review
Courts continue to address the unique issues that arise with respect to uninsured motorist (UM) coverage, often finding that coverage exists. In a case of first impression, the Georgia Supreme Court held that an insured may recover UM benefits from a policy, despite the partial sovereign immunity of the tortfeasor. An insured may be entitled to UM benefits after settling with the tortfeasor's liability carrier for the full policy limits, even though a limited liability release allocates the majority of the settlement amount to punitive damages. Further, courts continue to strictly adhere to the "case or controversy" requirement in order …
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
University of Miami International and Comparative Law Review
No abstract provided.
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
University of Miami International and Comparative Law Review
No abstract provided.
Overcoming The Public-Private Divide In Privacy Analogies, Victoria Schwartz
Overcoming The Public-Private Divide In Privacy Analogies, Victoria Schwartz
UC Law Journal
When a photographer takes unauthorized aerial photographs of a company’s plant, the legal framework under which courts evaluate the case, as well as its likely outcome, depends on whether the photographer was hired by a private actor or the government. If a competitor hired the photographer, the aerial photography may constitute improper trade secret misappropriation. If, however, the government hired the photographer, the aerial photography would not violate the Fourth Amendment. This dichotomy illustrates a public-private divide in which privacy violations by the government are treated differently from privacy violations by the private sector. Despite this divide, some courts have …
The Problem Of Reverse Payments In The Pharmaceutical Industry Following Actavis, Traci Aoki
The Problem Of Reverse Payments In The Pharmaceutical Industry Following Actavis, Traci Aoki
UC Law Journal
Reverse payments are payments that are made as a component of a patent infringement settlement, between a brand-name pharmaceutical company to a competitor who is attempting to market a generic version of the patented brand-name drug. The patentee not only drops its patent infringement suit against the generic manufacturer, but also compensates this alleged infringer. Reverse payment settlements raise antitrust concerns because they suggest that the generic manufacturer could have proved the brand-name’s patent either invalid or non-infringed, and thus entered the marketplace to provide consumers with lower priced generic drugs, if they had continued with the litigation. This also …
Implementing Marriage Equality In America, Carl Tobias
Implementing Marriage Equality In America, Carl Tobias
Duke Law Journal Online
No abstract provided.
Commentary And Reply, Usawc Parameters
Commentary And Reply, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras
Michigan Journal of Gender & Law
In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
University of Miami International and Comparative Law Review
No abstract provided.
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
West Virginia Law Review
No abstract provided.
Penary Energy, Carla F. Fredericks
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
West Virginia Law Review
No abstract provided.
Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke
West Virginia Law Review
No abstract provided.
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Adopting land use regulations that encourage solar and other clean energy systems is an essential strategy for promoting clean power and one that focuses on the essential role that local governments play in mitigating climate change. This article explores efforts at the state and local level to reform zoning and land use regulations to permit, encourage, require, and incentivize rapidly-evolving clean energy systems, particularly solar, that, in the aggregate, have the ability to significantly increase power generation and decrease carbon emissions. The article illustrates how zoning, as it approaches its 100th anniversary, is encrusted with provisions that prohibit or discourage …
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Scholarly Articles in Law Reviews & Journals
Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …
Book Review: Body Banking From The Bench To The Bedside, Natalie Ram
Book Review: Body Banking From The Bench To The Bedside, Natalie Ram
All Faculty Scholarship
How much is a kidney worth? An ounce of breast milk? Genetic material from an individual facing a Parkinson's diagnosis? In today's America, it depends on who is selling. One might think that such body products are beyond value or that their value depends on the individual characteristics of the supplier. But under existing American law and practices, what matters more is whether the seller is also the supplier of that body product, or whether the seller is another entity, such as a pharmaceutical company, hospital, or biobanker.
Historians And The New Originalism: Contextualism, Historicism, And Constitutional Meaning, Martin S. Flaherty
Historians And The New Originalism: Contextualism, Historicism, And Constitutional Meaning, Martin S. Flaherty
Fordham Law Review
Toward that end, this Foreword addresses three matters. First, it considers why the use of history in constitutional interpretation is inescapable. Next, it suggests that the Essays in this forum do not go far enough in debunking the idea of “public meaning” originalism as a serious alternative to previous approaches. Finally, the balance of this Foreword reviews the also perhaps inescapable misuses of history that constitutional interpretation invites and considers the type of misuse that public meaning originalism represents.
Historicism And Holism: Failures Of Originalist Translation, Jonathan Gienapp
Historicism And Holism: Failures Of Originalist Translation, Jonathan Gienapp
Fordham Law Review
For as long as the U.S. Constitution has existed, Americans have appealed to the history of its creation to interpret its meaning. But only since the advent of originalism—the well-known constitutional theory that requires interpreting the Constitution today in accordance with its original meaning—has historical study been so immediately implicated by constitutional interpretation. Despite potential, though, for meaningful exchange between originalists and historians, little has taken place. That originalism plays an ever-growing role in contemporary political culture only makes the lack of dialogue all the more unfortunate.
Outsourcing The Law: History And The Disciplinary Limits Of Constitutional Reasoning, Helen Irving
Outsourcing The Law: History And The Disciplinary Limits Of Constitutional Reasoning, Helen Irving
Fordham Law Review
Debates about the use of history in constitutional interpretation find their primary nourishment in the originalism debate. This has generated a vast amount of literature, but also narrowed the terms of the debate. Originalism is a normative commitment wrapped in a questionable methodological confidence. Regardless of the multiple forms originalism takes, originalists are confident that the meaning (in the sense of intention) that animated the framing of the Constitution can be ascertained and, indeed, that they can ascertain it. The debate has largely focused, then, on whether modern-day scholars and jurists can ascertain original historical meaning or, alternatively, whether they …
Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, And Sharing The Fruits Of Wiretaps, Alexandra N. Mogul
Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, And Sharing The Fruits Of Wiretaps, Alexandra N. Mogul
Fordham Law Review
Two key trends were present in the successful prosecution of Raj Rajaratnam and his coconspirators in one of the largest insider-trading conspiracies in history: the use of wiretaps to investigate and prosecute insider trading and a joint effort between the Department of Justice (DOJ) and the Securities & Exchange Commission (SEC) to conduct the investigation. Despite the close working relationship between the DOJ and the SEC, the DOJ never disclosed the fruits of the wiretaps to the SEC, presumably due to its belief that Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (as amended, the …
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
Maryland Law Review
The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …
The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato
The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato
Michigan Journal of International Law
This Article endeavors to broaden the analysis of available policy tools to address the problems created by financial crises and discusses how, in addition to direct regulation, certain tax measures having a regulatory nature may operate to address the so-called “negative externalities” often associated with those crises. There is a negative externality when an economic agent making a decision does not pay the full cost of the decision’s consequences. In such cases, the cost to society as a whole is greater than the cost borne by the individuals creating the economic impact. In practice, negative externalities result in market inefficiencies …
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Michigan Journal of International Law
The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The United States boasts a bigger entertainment industry than any other country, with Los Angeles regarded as the entertainment capital of the world. Accounts differ as to the explanation for California’s rise to entertainment prominence. One version attributes the flocking to the west coast as a product of Cecil B. DeMille’s last-minute location change for The Squaw Man in 1914 to Los Angeles; but, by 1910, movies had already been filmed in the area. Another explanation focuses on Thomas Edison, who operated in New York and New Jersey, and exerted a significant amount of control over the industry in …
The Seeds Of Change: Popular Protests As Constitutional Moments, Juliano Zaiden Benvindo
The Seeds Of Change: Popular Protests As Constitutional Moments, Juliano Zaiden Benvindo
Marquette Law Review
Bruce Ackerman’s influential theory of “dualist democracy” posits that in American history some extraordinary moments of constitution- making are “constitutional moments,” distinguishable from other periods of ordinary lawmaking. What is missing from the Ackermanian account of constitutional moments, however, is a deeper appreciation of the nature of popular protests, specifically that they may sometimes constitute the core of a constitutional moment, but on other occasions, they may serve as a very different inflection point in the evolution of a constitutional democracy. Up until now, the legal literature has not devoted much attention to such application of Ackerman’s theory. In this …
The Supreme Court And Religious Liberty, Joseph D. Kearney