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2016

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Articles 811 - 840 of 15272

Full-Text Articles in Law

A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater Dec 2016

A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater

Fordham Law Review

The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and knowledge about …


Across The Great Divide: Findings And Possibilities For Action From The 2016 Summit Meeting Of Academic Libraries And University Presses With Administrative Relationships (P2l), Mary Rose Muccie, Joe Lucia, Elliott Shore, Clifford Lynch, Peter Berkery Dec 2016

Across The Great Divide: Findings And Possibilities For Action From The 2016 Summit Meeting Of Academic Libraries And University Presses With Administrative Relationships (P2l), Mary Rose Muccie, Joe Lucia, Elliott Shore, Clifford Lynch, Peter Berkery

Copyright, Fair Use, Scholarly Communication, etc.

The library-press relationship explored in P2L allows for transformative approaches in support and dissemination of scholarship. Effective exploitation of these partnerships is in the early stages and there is an opportunity to influence the outcomes to ensure they are as broadly applicable and scalable as possible. As Cliff Lynch (CNI) noted in his summary of the day’s conversation, we must do more exploration of both intra-institutional (library and press) and cross-institutional collaborations. He provided several compelling suggestions for partnerships, including new ways to promote and leverage library special collections as well as ideas for increasing discoverability of press content. (See …


2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter Dec 2016

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county animal shelters. Ninety …


Expanding The Credit Box, David J. Reiss Dec 2016

Expanding The Credit Box, David J. Reiss

Cornell Law Faculty Working Papers

The mortgage market of the early 2000s provided mortgage credit to too many people who could not make their monthly payments on the terms offered. The pendulum has now swung. Today’s market offers very few unsustainable mortgages, but it fails to provide credit to some who could afford them. That means that the credit box is not at its socially optimal size. The Consumer Financial Protection Bureau should make it a priority to review the regulatory regime for non-Qualified Mortgages in order to ensure that the functional credit box is expanded to more closely approximate the universe of borrowers who …


Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher Dec 2016

Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher

Michigan Journal of Gender & Law

Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.


R-Egg-Ulation: A Call For Greater Regulation Of The Big Business Of Human Egg Harvesting, Danielle A. Vera Dec 2016

R-Egg-Ulation: A Call For Greater Regulation Of The Big Business Of Human Egg Harvesting, Danielle A. Vera

Michigan Journal of Gender & Law

When it comes to young healthy women “donating” their eggs, America has a regulation problem. This Note explains the science behind the harvesting of human eggs, focusing on potential egg donors, and describes the specific factors that make egg donation a unique type of transaction. It describes the current regulatory status of the assisted reproductive technology industry in the United States and highlights the ways in which this scheme fails to protect egg “donors.” This Note concludes with a call for comprehensive regulation of the assisted reproductive technology industry.


The Learned Hand Unformula For Short-Swing Liability, Andrew Chin Dec 2016

The Learned Hand Unformula For Short-Swing Liability, Andrew Chin

Washington Law Review

Section 16(b) of the Securities Exchange Act of 1934 allows for the recovery of short-swing profits realized by certain insiders from trading in a corporation’s stock within a period of less than six months. Three generations of corporate law students have been taught the “lowest-in, highest-out” formula that is intended to maximize the disgorgement of short-swing profits under section 16(b). Arnold Jacobs’s 1987 treatise presented two hypothetical examples where the formula fell short of the intended maximum, but courts, commentators, and practitioners have largely ignored these theoretical challenges to the formula’s validity. This Article identifies Gratz v. Claughton as the …


The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen Dec 2016

The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen

Articles

No abstract provided.


Civil Rights In A Desegregating America, Nicholas Stephanopoulos Dec 2016

Civil Rights In A Desegregating America, Nicholas Stephanopoulos

Articles

No abstract provided.


Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette Dec 2016

Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette

Articles

No abstract provided.


Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams Dec 2016

Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams

Articles

No abstract provided.


The Constitutional Law Of Agenda Control, Aziz Huq Dec 2016

The Constitutional Law Of Agenda Control, Aziz Huq

Articles

No abstract provided.


Is Applied Behavioral Analysis Education, Medicine, Or Both?: A Study Of The Funding Challenges That Accompany An Autism Diagnosis, Yaakov Pollak Dec 2016

Is Applied Behavioral Analysis Education, Medicine, Or Both?: A Study Of The Funding Challenges That Accompany An Autism Diagnosis, Yaakov Pollak

Seton Hall Law Review

No abstract provided.


A Standard Of Review For Gun Rights: The Second Amendment Question Hot As A Two-Dollar Pistol, Adam P. Soloperto Dec 2016

A Standard Of Review For Gun Rights: The Second Amendment Question Hot As A Two-Dollar Pistol, Adam P. Soloperto

Seton Hall Law Review

No abstract provided.


The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr. Dec 2016

The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

State securities laws—in particular, state laws requiring that securities offered by issuers be registered with the states—have been an impediment to the efficient movement of capital to its highest and best use. The pernicious effects of these laws—generally referred to as “blue sky laws”—have been felt most acutely by small businesses, a vital component of our national economy.

It has been difficult to remedy this problem. States and state regulators have been tenacious in protecting their registration authority from federal preemption. The Securities and Exchange Commission, on the other hand, has been reluctant to advocate for preemption and unwilling to …


Does Title Vii Work For Temps? Faush V. Tuesday Morning Reconsiders The Employment Relationship, Shane O'Halloran Dec 2016

Does Title Vii Work For Temps? Faush V. Tuesday Morning Reconsiders The Employment Relationship, Shane O'Halloran

Villanova Law Review (1956 - )

No abstract provided.


A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese Dec 2016

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review (1956 - )

No abstract provided.


Who Will Remember The Children? The International Human Rights Movement And Juvenile Justice In Africa, Faisal Bhabha, Cristina Candea Dec 2016

Who Will Remember The Children? The International Human Rights Movement And Juvenile Justice In Africa, Faisal Bhabha, Cristina Candea

The Transnational Human Rights Review

Our goal in this paper is two-fold: we seek to evaluate the development of juvenile justice in Africa by making use of a thorough and ethical method of analysis. We begin with a contextual explanation of the children’s rights movement as it has developed on the continent. We then reframe David Kennedy’s ten-item critique of the international human rights movement into three broad categories. Using these categories, we evaluate the development of juvenile justice in sub-Saharan Africa as it has arisen out of the children’s rights movement.


No One Statute Should Have Too Much Power: How Electing Not To Amend 42 U.S.C § 1320(A)–7(B) May Frustrate The Purpose Of The Patient Protection And Affordable Care Act, Amber C. Dawson Dec 2016

No One Statute Should Have Too Much Power: How Electing Not To Amend 42 U.S.C § 1320(A)–7(B) May Frustrate The Purpose Of The Patient Protection And Affordable Care Act, Amber C. Dawson

University of Miami Business Law Review

The over breadth of the Federal Anti-Kickback statute as amended by the Patient Protection and Affordable Care Act (PPACA) holds dangerous implications for the future of the health care marketplace. When a statute permits criminal, civil and administrative punishment for an overbroad category of innocuous actions, such a statute must also take into account the specific, rather than general, intent of the actor, or the ensnaring of innocents is ultimately likely to result. Historically, the statute required a finding of specific intent to be found to uphold a violation of the statute. With the passing of Greber v. US and …


The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera Dec 2016

The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera

University of Miami Business Law Review

This article is concerned with the applicability of sovereign immunity to the so-called sovereign wealth funds (“SWFs”) within the U.S. legal system. While sovereign immunity has existed for at least two centuries, SWFs and the types of investment activities they conduct on behalf of their parent foreign states are a rather recent phenomenon. As a result, the issue of the applicability of the rules on sovereign immunity to the SWFs poses novel legal challenges and difficulties. In a nutshell, this article is intended to answer the following questions: Are SWFs entitled to invoke sovereign immunity before U.S. courts? If so, …


International Reciprocity: If A Drug Is Good Enough For Great Britain, It Should Be Good Enough For The United States, Nicole C. Perez Dec 2016

International Reciprocity: If A Drug Is Good Enough For Great Britain, It Should Be Good Enough For The United States, Nicole C. Perez

University of Miami Business Law Review

The pharmaceutical industry is one of the largest, and most lucrative, industries in the world, worth about one trillion U.S. dollars. Specifically, the United States accounts for more than one-third of the global pharmaceutical market with about 340 million dollars in sales. Not only is the pharmaceutical industry one of the biggest industries profit-wise, but it is also an industry that affects almost every single person in the world. In a nation where healthcare issues are always on the rise, ensuring that American citizens benefit from pharmacology is essential to improving the nation’s healthcare system. The Food and Drug Administration …


Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones Dec 2016

Uncertain Standing: Normative Applications Of Standing Doctrine Produce Unpredictable Jurisdictional Bars To Common Law Data Breach Claims, Michael B. Jones

North Carolina Law Review

No abstract provided.


The Class Action As Trust, Sergio J. Campos Dec 2016

The Class Action As Trust, Sergio J. Campos

Washington Law Review

The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address the potentially disloyal behavior of the class attorney. These scholars have used analogies to corporate law to support (1) the use of opt-out rights and (2) restrictions on class conflicts to constrain class attorneys, and the law has generally mirrored both requirements. In practice, however, both of these requirements have undermined the efficacy of the class action and prevented the class action from being used in many appropriate settings. …


The Dormant Commerce Clause "Effect": How The Difficulty In Reconciling Exxon And Hunt Has Led To A Circuit Split For Challenges To Laws Affecting National Chains, Valerie Walker Dec 2016

The Dormant Commerce Clause "Effect": How The Difficulty In Reconciling Exxon And Hunt Has Led To A Circuit Split For Challenges To Laws Affecting National Chains, Valerie Walker

Washington Law Review

The onslaught of chains such as Wal-Mart and Starbucks has driven some state and local lawmakers to craft regulations prohibiting these types of national chains. In response, several national chains have challenged the constitutionality of such regulations, claiming that they amount to economic protectionism. The dormant Commerce Clause (DCC) doctrine prohibits states from engaging in protectionism directed at commerce from other states. Courts use a two-tiered analysis when considering these types of challenges. The tier-level analysis is important because regulations rarely survive the first tier’s elevated scrutiny. The first tier applies when a state law directly discriminates against interstate commerce, …


Put Privity In The Past: A Modern Approach To Determining When Washington Attorneys Are Liable To Nonclients For Estate Planning Malpractice, Kaitlyn C. Kelly Dec 2016

Put Privity In The Past: A Modern Approach To Determining When Washington Attorneys Are Liable To Nonclients For Estate Planning Malpractice, Kaitlyn C. Kelly

Washington Law Review

Even in the best of circumstances, an estate plan may leave intended beneficiaries frustrated. Occasionally, an attorney’s alleged mistake in the execution of a will or administration of a trust sparks the beneficiaries’ anger. Under Washington law, it is unclear whether intended beneficiaries may sue an estate planning attorney for malpractice. Generally, an estate planning attorney’s client is a testator, not a testator’s intended beneficiaries; thus, the intended beneficiaries are not in privity of contract with the attorney. Rather, the only individual in privity with the accused attorney is usually deceased at the time of a malpractice lawsuit. If a …


One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson Dec 2016

One Small Step: The Impact Of The U.S. Commercial Space Launch Competitiveness Act Of 2015 On The Exploration Of Resources In Outer Space, P.J. Blount, Christian J. Robinson

North Carolina Journal of Law & Technology

No abstract provided.


University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell Dec 2016

University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell

North Carolina Journal of Law & Technology

No abstract provided.


Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula Dec 2016

Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula

Columbia Center on Sustainable Investment Staff Publications

The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …


Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky Dec 2016

Pre-Competition, Jorge L. Contreras, Liza S. Vertinsky

North Carolina Law Review

As the costs of pharmaceutical research and development rise and concerns grow about the pace of innovation, both federal agencies and industry participants have turned to new forms of collaboration to increase the efficiency and effectiveness of biomedical research. Industry participants, many of them competitors, come together to define joint research and development objectives and to share project results in what are widely known as “pre-competitive” collaborations. There is a prevailing understanding among both industry and governmental actors that these pre-competitive endeavors are not only permissible, but encouraged. While the term “pre-competitive” is prevalent in the pharmaceutical industry, it is …


No.38 - December 2016, Center Of Civil Law Studies Dec 2016

No.38 - December 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.