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Articles 1081 - 1110 of 14017
Full-Text Articles in Law
Questions Concerning The Review Board Process, With Notes, Copy 2, Hall & Monagle, Llc
Questions Concerning The Review Board Process, With Notes, Copy 2, Hall & Monagle, Llc
Records related to Judge Anna Martinez
No abstract provided.
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald
The Catholic Lawyer
No abstract provided.
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton
The Catholic Lawyer
No abstract provided.
Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves
The Catholic Lawyer
No abstract provided.
The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert
The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert
The Catholic Lawyer
No abstract provided.
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Maine Law Review
In State v. Wright, 1 the State of Minnesota charged David Wright with possession of a firearm by a felon and two counts of second-degree assault against his girlfriend and her sister. A jury found Wright guilty on all charges and sentenced him to sixty months in jail for each crime, with sentences served concurrently. Wright’s girlfriend, R.R., and her sister, S.R., did not testify against him at trial. The prosecution, however, used the transcript of a 911 call placed by R.R. against Wright in the trial. Although the 911 call was hearsay, the court admitted it under Minnesota’s excited …
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …
Jespersen V. Harrah's Operating Co.: Employer Appearance Standards And The Promotion Of Gender Stereotypes, Hillary J. Bouchard
Jespersen V. Harrah's Operating Co.: Employer Appearance Standards And The Promotion Of Gender Stereotypes, Hillary J. Bouchard
Maine Law Review
In Jespersen v. Harrah’s Operating Co., Harrah’s Casino (Harrah’s) gave Darlene Jespersen (Jespersen), a female employee, thirty days to comply with the new mandatory makeup requirement the business imposed on its female beverage service employees. Jespersen refused, thirty days passed, and Harrah’s immediately terminated her. After unsuccessfully seeking administrative relief with the Equal Employment Opportunity Commission (EEOC), Jespersen filed a lawsuit against Harrah’s in federal district court. The claim alleged “disparate treatment sex discrimination” by Harrah’s in violation of Title VII. Subsequently, Harrah’s moved for summary judgment, and the district court granted the motion. The court found that Harrah’s employee …
Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein
Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein
Maine Law Review
For those within the information technology (IT) industry, the phrase “open source” has been as prominent at water cooler and boardroom discussions over the last several years as the phrase “out source.” Open source is at once a software development model, a business model, a social movement, and a philosophy that has recently garnered attention from outside of the IT sphere. As such, the topic has become increasingly fertile ground for academic scholarship from several disciplines. Economists, legal academics and practitioners, computer engineers, and social commentators have offered their varying perspectives on open source software. Whether or not this attention …
Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, Donald N. Zillman
Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, Donald N. Zillman
Maine Law Review
In a 1997 essay in these pages, I reported on the fact that a declining number of senators and members of the House of Representatives were veterans of military service. At the height of the Vietnam War, roughly 70% of the members of Congress were veterans. By 1991, the Congress that approved the use of force against Iraq in Operation Desert Storm had only slightly more veterans than non-veterans. Three Congresses later, the percentage of veterans had dropped to 32%. The explanation for the decline is almost certainly not that the American voter no longer likes to elect veterans to …
Tilt, Steven Lubert
Tilt, Steven Lubert
Maine Law Review
In poker, everybody loses sooner or later. Sometimes it’s just a few hands, and sometimes you lose for the whole night (or longer). Sometimes the losses are your own fault, and sometimes you can play perfectly and still go broke. The point is that losing is part of the game. No one is immune from it, and even the most skilled players cannot avoid it. In the long run, of course, there is no luck in poker, and the best players will eventually win. But as the card player and poet A. Alvarez explained, there is plenty of luck, both …
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Maine Law Review
The now well-known case of Atkins v. Virginia decided that the execution of those with mental retardation constituted cruel and unusual punishment under the Eighth Amendment. The more recent case of Roper v. Simmons decided that execution of those who were under the age of eighteen when they committed their crimes also constituted cruel and unusual punishment. Both decisions changed the law that had existed since 1989, when the Court held in Penry v. Lynaugh and Stanford v. Kentucky that executions of members of both classes were not unconstitutional. Writing for the Court in Atkins v. Virginia, Justice Stevens was …
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
Maine Law Review
There is an adage among doctors that “as a last resort, ask the patient.” It is a not so facetious reference to the observation that because doctors are so highly educated and trained, they can start to believe they know what’s best for their patients better than the patients themselves. Consequently, these doctors may discount, or altogether ignore, the opinions of the very people they are suppose to be helping. The same observation could be made about the law professor-student relationship. Unlike doctors, though, our relationship with students is hierarchical, and thus we may be even less inclined to “ask …
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Maine Law Review
No eminent domain taking case in the last twenty-five years has excited the level of interest, attention, and debate as has Kelo v. City of New London. The Supreme Court’s decision has not quelled that debate. If anything the stridency, the emotional tenor, of the debate has increased. And in the few months since the decision came down, several dozen states (in the absence of any meaningful federal limitation on what constitutes “public use”) have proposed statutes or constitutional amendments that would limit their exercise of eminent domain (taking) powers. There is even talk of federal legislation to temper, to …
A Progressive Case For A Universal Transaction Tax, Gary Chartier
A Progressive Case For A Universal Transaction Tax, Gary Chartier
Maine Law Review
Federal Reserve Board chair Alan Greenspan’s recent call for tax simplification and his acknowledgement of arguments for a consumption tax may help to place the question of such taxes, including a value-added tax (VAT), on the national political agenda. If the possibility of imposing a VAT does receive significant national attention, the debate it occasions will obviously, and appropriately, focus in part on a variety of technical questions. But normative questions will likely be at issue as well. A VAT is like a sales tax, but is applied at each stage in a product’s development and not merely when it …
Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn
Striking An Equitable Balance: Placing Reasonable Limits On Retroactive Zoning Changes After Kittery Retail Ventures, Llc V. Town Of Kittery, Heather B. Sanborn
Maine Law Review
Thirty years ago, a developer who wanted to build a shopping center had to do little more than obtain a building permit to go forward with the project. Today, however, the regulation and review of development projects involves a lengthy process of securing a series of permits, often including site plan or subdivision approvals, traffic studies, and environmental impact reviews. Navigating this review process forces developers to negotiate with the community and design their projects to fit the applicable standards adopted by the local, state, and federal regulations, arguably improving the quality of development in our communities. But the lengthy …
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc
Maine Law Review
The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels …
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Maine Law Review
A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …
Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis
Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis
Maine Law Review
Is the American perspective on the enforcement of international law compatible with the French perspective? For American legal scholars, the term enforcement is sometimes used as the equivalent of the following French notions: mise en oeuvre, application, and also coercition. The American term enforcement appears to be used in situations where the French prefer legal terms that are closer to the connotation of implementation rather than that of enforcement. What are the consequences of the use of such different terms? Is there, behind the use of different language, with different meanings and approaches, a different perspective on the enforcement of …
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Maine Law Review
The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …
Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer
Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer
Maine Law Review
Exorbitant territorial jurisdiction in civil cases comprises those classes of jurisdiction, although exercised validly under a country's rules, that nonetheless are unfair to the defendant because of a lack of significant connection between the sovereign and either the parties or the dispute. The United States, France, and most of the rest of the world exercise a good deal of exorbitant jurisdiction so defined. In the United States, an emphasis on power derived from territoriality has led to jurisdictional restraint in some respects, but has also allowed general jurisdiction based solely on transient physical presence, the attachment of property, or extensive …
Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff
Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff
Maine Law Review
In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with increasing frequency, but also because the way in which they are handled by domestic courts has a lot do with the efficacy of international law. As a practical matter, the rules of conventional international law and the decisions of international tribunals, if applied or effectuated by domestic courts, may very well …
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Maine Law Review
Despite the divergences that have regularly separated the United States and France, or at the very least their officials-who unfortunately influence public opinion as well-there are, in my opinion, more similarities than differences than one would believe between these two countries' approaches to international relations. They both feel that they have a calling to defend the advancement of universal values in the world in order to further humanity along the road of peace, democracy, happiness, and justice. The United States, which can be considered a relatively new country, values respect for human rights, free enterprise, equal opportunity for everyone, individual …
France, Europe, The United States, Abdelkhaleq Berramdane
France, Europe, The United States, Abdelkhaleq Berramdane
Maine Law Review
Fascination and rejection have always characterized Franco-American relations, like an old couple who are not able to forgive: for France, the battle of Yorktown where Lafayette and Rochambeau contributed to the independence of the former British colonies; for the United States, American participation, twice, in the liberation of France. Neither one willing to credit its salvation to the other. A tumultuous relationship very much resembling the rocky history of the Statue of Liberty ("Liberty Enlightening the World"), offered by a still fragile Republic to a distant sister, who only begrudgingly offered it a pedestal. For centuries French literature has been …
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Maine Law Review
In the months leading up to the U.S. intervention in Iraq in March 2003, the dialogue between the United States and France on the appropriate course of action to take in response to Iraq's report on its weapons of mass destruction revealed differences between these traditional allies as to the options available under international law. These differences did not center on the goals of any proposed action-both sides in fact agreed upon the goals, which were to ensure there were no weapons of mass destruction; to prevent an increase in terrorist activity; and to address the continuing violations of international …
French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet
French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet
Maine Law Review
I want to begin my consideration of French and American perspectives on international law by addressing more generally the question of the relationship between legal culture and international law in order to broadly contextualize the descriptions of French and American perspectives on international law that are the subject of this Article. I would like to stress at the outset that it seems to me that there does not exist any global or cosmopolitan vision of international law, but, on the contrary, an inevitable multiplicity of particular national, regional, individual, and institutional visions. This is so because the actors in the …
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “Going After a Defeated Political Opponent is the End of Democratic Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Antitrusting Of Patentability, Saurabh Vishnubhakat
The Antitrusting Of Patentability, Saurabh Vishnubhakat
Faculty Scholarship
Deciding a patent’s validity is costly, and so is deciding it incorrectly. Judges and juries must expend significant resources in order to reach a patent validity determination that is properly informed by the relevant facts. At the same time, patent validity determinations reached quickly and cheaply may conserve resources today while creating future costs. Wrongly preserving an invalid patent can distort the competitive market and enable abuses, such as nuisance litigation. Meanwhile, wrongly striking down a valid patent can undermine incentives for continued investment and commercialization in knowledge assets. Courts facing patent validity issues have begun to strike this balance …
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs
Law School Blogs
No abstract provided.
Morales V. Portuondo: Has The Seal Of The Confessional Sprung A Leak?, Jordan B. Woods
Morales V. Portuondo: Has The Seal Of The Confessional Sprung A Leak?, Jordan B. Woods
The Catholic Lawyer
No abstract provided.