Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2017

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 11851 - 11880 of 14028

Full-Text Articles in Law

Grasping The Intangible: How To Interpret “Articles” Under The Tariff Act And Clearcorrect Operating, Llc V. Int’L Trade Comm’N, Christopher P. Mazza Jan 2017

Grasping The Intangible: How To Interpret “Articles” Under The Tariff Act And Clearcorrect Operating, Llc V. Int’L Trade Comm’N, Christopher P. Mazza

Student Works

No abstract provided.


The Politics Of Exclusionary Zoning & The Pathology That Led To The Collapse Of New Jersey’S Mount Laurel Mandate, Kristin Rempusheski Jan 2017

The Politics Of Exclusionary Zoning & The Pathology That Led To The Collapse Of New Jersey’S Mount Laurel Mandate, Kristin Rempusheski

Student Works

No abstract provided.


End The Patient’S Pain Instead Of The Patient: Focusing On Palliative Care Simultaneously With The Rise Of Legalized Physician-Assisted Suicide, Sheena Shah Jan 2017

End The Patient’S Pain Instead Of The Patient: Focusing On Palliative Care Simultaneously With The Rise Of Legalized Physician-Assisted Suicide, Sheena Shah

Student Works

No abstract provided.


The Supreme Court Fails To Correct Past Mistakes By Hiding Behind Super Powered Stare Decisis, Brendan Johnson Jan 2017

The Supreme Court Fails To Correct Past Mistakes By Hiding Behind Super Powered Stare Decisis, Brendan Johnson

Student Works

No abstract provided.


The Rising Storm: How New Jersey Beach Replenishment Projects And Just Compensation Are Not The Answers To The Water Management Crisis, Erica Goldring Jan 2017

The Rising Storm: How New Jersey Beach Replenishment Projects And Just Compensation Are Not The Answers To The Water Management Crisis, Erica Goldring

Student Works

No abstract provided.


Finding A Fit For Nonprofit Hospitals: A National Perspective Of State Property Tax Exemption Laws, Jillian A. Swogier Jan 2017

Finding A Fit For Nonprofit Hospitals: A National Perspective Of State Property Tax Exemption Laws, Jillian A. Swogier

Student Works

No abstract provided.


Is America Safer? The Usa Freedom Act Of 2015 And What The Fbi And Nsa Have, Can, And Should Be Doing, Sergio Suarez Jan 2017

Is America Safer? The Usa Freedom Act Of 2015 And What The Fbi And Nsa Have, Can, And Should Be Doing, Sergio Suarez

Student Works

No abstract provided.


Updating Your Fantasy Lineups And The Federal Law: The Case For Federal Regulation Of Daily Fantasy Sports, Randolph Andrew Scott Jan 2017

Updating Your Fantasy Lineups And The Federal Law: The Case For Federal Regulation Of Daily Fantasy Sports, Randolph Andrew Scott

Student Works

No abstract provided.


Is Internal Reporting Sufficient For Retaliation Protection Under Dodd-Frank? — Ambiguity Requires Deference Be Given To The Sec, Which Says Yes, Victoria M. Vitarelli Jan 2017

Is Internal Reporting Sufficient For Retaliation Protection Under Dodd-Frank? — Ambiguity Requires Deference Be Given To The Sec, Which Says Yes, Victoria M. Vitarelli

Student Works

No abstract provided.


Investor Protection In The Transatlantic Trade And Investment Partnership, Daniel Hewitt Jan 2017

Investor Protection In The Transatlantic Trade And Investment Partnership, Daniel Hewitt

Student Works

No abstract provided.


Show Me Exactly What You Found: The Private Search Doctrine, Riley V. California And Digital Data, Joshua Koodray Jan 2017

Show Me Exactly What You Found: The Private Search Doctrine, Riley V. California And Digital Data, Joshua Koodray

Student Works

No abstract provided.


Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria Jan 2017

Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria

Journal Publications

The enactment of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) was well-received by all as it repealed Medicare’s Sustainable Growth Rate and, in its place, mandates the implementation of a new system for health care delivery and payment. Under MACRA, health care providers are expected to work together and coordinate their efforts with the goal of improving patient outcomes and controlling costs. For the first time ever, federal reimbursements will be tied to quality of care and improved cost efficiencies. However, as a new law, MACRA’s potential for success needs to be measured in terms of its …


From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe Jan 2017

From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe

Journal Publications

Nonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under …


Winning! 5 Key Strategies For An Effective Conference Presentation, Renee N. Allen, Alicia Jackson Jan 2017

Winning! 5 Key Strategies For An Effective Conference Presentation, Renee N. Allen, Alicia Jackson

Journal Publications

With all of the hard work and thoughtfulness devoted to planning for conference presentations, it is safe to say, everyone wants a winning presentation! The five key strategies for developing an effective presentation are (1) proper planning, (2) work backwards when designing your presentation, (3) diversify your delivery methods, (4) engage your audience, and (5) provide takeaways.


The Big Bad Wolf: Helping Students Conquer Their Fear Of The Bar Exam Through P.A.S.S.- Preparation, Assessment, Self-Regulated Reflection, And Support, Alicia Jackson Jan 2017

The Big Bad Wolf: Helping Students Conquer Their Fear Of The Bar Exam Through P.A.S.S.- Preparation, Assessment, Self-Regulated Reflection, And Support, Alicia Jackson

Journal Publications

In light of the national decline in bar pass rates, coping with and addressing a law school’s bar passage rate is viewed by some as an insurmountable undertaking. However, I see it as an invaluable opportunity to redefine who are as law professors. Most importantly this challenge provides an opportunity for us as educators to train future attorneys to become self-aware, confident, and component to handle the challenges presented by the legal profession.

tion (“ABA”) has made it quite clear to accredited law schools and those seeking accreditation that bar passage is now a paramount factor in retaining and obtaining …


Copyright To The Rescue: Should Copyright Protect Privacy?, Deidre Keller Jan 2017

Copyright To The Rescue: Should Copyright Protect Privacy?, Deidre Keller

Journal Publications

While some courts have held that “[i]t is universally recognized . . . that the protection of privacy is not the function of our copyright law,” the remedies afforded copyright owners make pursuing copyright claims an attractive option to privacy plaintiffs. Copyright remedies include the removal of digital copies from the internet and the destruction of physical copies. The extent to which copyright ought to protect privacy interests has been considered in various jurisdictions recently but has not been treated comprehensively by contemporary legal scholars in the United States. This piece seeks to undertake that treatment.

Part II of this …


What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page Jan 2017

What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page

Journal Publications

This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."


E-Museletter: January 2017, Kathleen Klepfer Jan 2017

E-Museletter: January 2017, Kathleen Klepfer

Museletter

This Issue:

Who was William Taylor Muse?

[American Civil Liberties Union Papers, 1912-1990

Westlaw and Lexis Training in February

Plan to Preserve your Precious Data

Forget Spotify...[West Academic Audio Collection]

New Computer? Get Connected! West Academic Study Aids Online [feedback] Need Memory? We have it!


State Of Utah, Plaintiff/Appellee, V. Robert Brian Walton, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Jan 2017

State Of Utah, Plaintiff/Appellee, V. Robert Brian Walton, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from order denying rule 22€ motion for resentencing, in the Third
Judicial District, Salt Lake County, the Honorable Paul B. Parker presiding.


Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi Jan 2017

Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi

Journal of Law, Technology, & the Internet

"This paper...address[es] three potential cases of misappropriation concerning traditional knowledge and genetic resources of traditional groups in Africa and will explore how the Western patent system enabled,prevented, and corrected misappropriation in the context of these case studies. In all three studies, the patent system failed in misapplying the requirements of patentability and in granting patents for information that is per se unpatentable. However, the unpatentability of these specific instances of traditional knowledge also precludes the indigenous populations from claiming property rights over the information. Without an exclusionary property right, third parties are still able to commercialize the information. While such …


Class Of 2018-2020, University Of Richmond Jan 2017

Class Of 2018-2020, University Of Richmond

Class Photos 1998-Current

This facebook, created for the 2017-2018 school year, contains photos of the Class of 2018, Class of 2019, and Class of 2020.


In The Line Of Fire: Is Technology Taking Over The Legal Profession?, Manveen Singh Jan 2017

In The Line Of Fire: Is Technology Taking Over The Legal Profession?, Manveen Singh

North Carolina Central Law Review

No abstract provided.


Facing A Legislative Straightjacket In The 21st Century: North Carolina Courts And The Prayer For Judgement Continued, Dionne R. Gonder-Stanley Jan 2017

Facing A Legislative Straightjacket In The 21st Century: North Carolina Courts And The Prayer For Judgement Continued, Dionne R. Gonder-Stanley

North Carolina Central Law Review

No abstract provided.


Educational Gerrymanders: Creating Unequal School Districts In North Carolina, Jeff Lingwall Jan 2017

Educational Gerrymanders: Creating Unequal School Districts In North Carolina, Jeff Lingwall

North Carolina Central Law Review

No abstract provided.


A Wolf In Sheep's Clothing: Executive Order No. 13,780 As A Disguise For A Muslim Ban: The Implications Of International Refugee Assistance Project V. Trump, Latoya Tyson Jan 2017

A Wolf In Sheep's Clothing: Executive Order No. 13,780 As A Disguise For A Muslim Ban: The Implications Of International Refugee Assistance Project V. Trump, Latoya Tyson

North Carolina Central Law Review

No abstract provided.


Murder Most Human: A Case For A Categorical Ban Of Life-Without-Parole Sentences For All Juvenile Offenders With Guidelines For Release Decisions For Former Juvenile Life-Without-Parole Cases., Robert Johnson Jan 2017

Murder Most Human: A Case For A Categorical Ban Of Life-Without-Parole Sentences For All Juvenile Offenders With Guidelines For Release Decisions For Former Juvenile Life-Without-Parole Cases., Robert Johnson

Journal of Criminal Justice and Law

Essay.

Robert Johnson, in this essay, makes the case for a ban on life without parole sentences for juvenile offenders.


Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective, Jeffrey E. Thomas Jan 2017

Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective, Jeffrey E. Thomas

Faculty Works

This article summarizes the U.S. program for terrorism insurance and outlines its advantages as compared to similar programs in other developed countries. The program, while similar to reinsurance, does not require participants to pay premiums but instead uses an ex post recoupment mechanism. Consequently, it is generally referred to as a Federal “backstop.” This approach requires less capital investment and makes “pricing” more accurate than a reinsurance approach. The program also requires insurers to maintain significant amounts of exposure through insurer deductibles and copayments, which creates market demand for the development of terrorism reinsurance in the private market. The current …


In Defense Of Secondary Pharmaceutical Patents: Response To The Un's Guidelines For Pharmaceutical Patent Examination, Christopher M. Holman Jan 2017

In Defense Of Secondary Pharmaceutical Patents: Response To The Un's Guidelines For Pharmaceutical Patent Examination, Christopher M. Holman

Faculty Works

In 2015 the United Nations Development Programme issued a document entitled Guidelines for Pharmaceutical Patent Examination: Examining Pharmaceutical Patents from a Public Health Perspective (the “Guidelines”). The heart of the Guidelines is a category-by-category examination of eight types of “secondary” pharmaceutical patent claims: Markush claims; selection patents; polymorphs; enantiomers; salts; ethers and esters; compositions; doses; combinations; prodrugs; metabolites; and new medical uses. The Guidelines advise patent offices to apply heightened patentability requirements to these claims in a manner that would effectively deny patent protection to important pharmaceutical innovations currently afforded patent protection. In particular, the Guidelines postulate that many forms …


Charting The Contours Of Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman Jan 2017

Charting The Contours Of Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman

Faculty Works

There is a growing disconnect between the traditional patent-centric approach to protecting biotechnological innovation and the emerging intellectual property imperatives of “synthetic biology,” a promising new manifestation of biotechnology that enables the design and construction of artificial biological pathways, organisms or devices, as well as the redesign of existing natural biological systems. As explained in previous articles, one way to deal with this disconnect would be to expand the scope of copyrightable subject matter to encompass engineered genetic sequences, much in the way that copyright was expanded in the 1970s and 1980s to include computer programs. The present article expands …


Eli Lilly V. Teva: Generic Companies Infringe Under Akamai Iv In Case Of Divided Infringement, Christopher M. Holman Jan 2017

Eli Lilly V. Teva: Generic Companies Infringe Under Akamai Iv In Case Of Divided Infringement, Christopher M. Holman

Faculty Works

The U.S. Supreme Court’s 2014 decision in Limelight Networks v. Akamai Technologies decision (Akamai III), in conjunction with the Federal Circuit’s stance on divided infringement claims, effectively undermined the value of method claims, particularly in the realm of pharmaceuticals, diagnostics, and other biotechnology related innovation, by limiting the ability of patentees to establish liability in cases where steps of the claimed method are performed by multiple parties. On remand, the en banc Federal Circuit in Akamai Technologies v. Limelight Networks (Akamai IV) sought to address the problem by expanding the definition of direct infringement under 271(a) to encompass more scenarios …