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2017

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Articles 12151 - 12180 of 14028

Full-Text Articles in Law

The Roberts Court And Economic Issues In An Era Of Polarization, J. Mitchell Pickerill, Cornell W. Clayton Jan 2017

The Roberts Court And Economic Issues In An Era Of Polarization, J. Mitchell Pickerill, Cornell W. Clayton

Case Western Reserve Law Review

No abstract provided.


Deadly Speech: Encouraging Suicide And Problematic Prosecutions, Sean Sweeney Jan 2017

Deadly Speech: Encouraging Suicide And Problematic Prosecutions, Sean Sweeney

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Jonathan L. Entin, Bryan Adamson Jan 2017

Tribute To Professor Jonathan L. Entin, Bryan Adamson

Case Western Reserve Law Review

No abstract provided.


Symposium: In Honor Of Fred Gray: Making Civil Rights Law From Rosa Parks To The Twenty-First Century - Introduction, Jonathan L. Entin Jan 2017

Symposium: In Honor Of Fred Gray: Making Civil Rights Law From Rosa Parks To The Twenty-First Century - Introduction, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


The Enduring Integration School Desegregation Helped To Produce, Kevin Brown Jan 2017

The Enduring Integration School Desegregation Helped To Produce, Kevin Brown

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor Jonathan L. Entin, B. Jessie Hill Jan 2017

Tribute To Professor Jonathan L. Entin, B. Jessie Hill

Case Western Reserve Law Review

No abstract provided.


The Future Of Idea: Monitoring Disproportionate Representation Of Minority Students In Special Education And Intentional Discrimination Claims, Natasha M. Strassfeld Jan 2017

The Future Of Idea: Monitoring Disproportionate Representation Of Minority Students In Special Education And Intentional Discrimination Claims, Natasha M. Strassfeld

Case Western Reserve Law Review

No abstract provided.


The Courage Of Civil Rights Lawyers: Fred Gray And His Colleagues, Leonard S. Rubinowitz Jan 2017

The Courage Of Civil Rights Lawyers: Fred Gray And His Colleagues, Leonard S. Rubinowitz

Case Western Reserve Law Review

No abstract provided.


Opting Out Of The Grand Bargain: A Pathway To Poverty?, Fallon Mcnally Jan 2017

Opting Out Of The Grand Bargain: A Pathway To Poverty?, Fallon Mcnally

Case Western Reserve Law Review

No abstract provided.


Tribute To Professor George W. Dent, Randy E. Barnett Jan 2017

Tribute To Professor George W. Dent, Randy E. Barnett

Case Western Reserve Law Review

No abstract provided.


Student Dismissals From Professional Programs And The Constitution, Mark P. Strasser Jan 2017

Student Dismissals From Professional Programs And The Constitution, Mark P. Strasser

Case Western Reserve Law Review

No abstract provided.


Self-Driving Cars: On The Road To A New Regulatory Era, Brian A. Browne Jan 2017

Self-Driving Cars: On The Road To A New Regulatory Era, Brian A. Browne

Journal of Law, Technology, & the Internet

"Self-driving cars shatter the schism between federal and state safety regulations for automobiles in the United States…. In Part I, this paper will define self-driving cars and their benefits, describe the imminent safety issues they present for regulatory agencies, and introduce the most commonly analyzed legal issues for self-driving cars. Part II will give background information on the United States regulates motor vehicles by first describing the federal government’s traditional role in regulating vehicle safety via NHTSA. Then, Part II will explain the preliminary actions NHTSA and several state governments have taken to preliminarily regulate self-driving cars. Part III will …


Masthead, Volume 8 Issue 1 Jan 2017

Masthead, Volume 8 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.


Losing Bargain: Why Winner-Take-All Vote Assignment Is The Electoral College’S Least Defensible Feature, Katherine Florey Jan 2017

Losing Bargain: Why Winner-Take-All Vote Assignment Is The Electoral College’S Least Defensible Feature, Katherine Florey

Case Western Reserve Law Review

No abstract provided.


Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello Jan 2017

Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


The False Dichotomy Between Theory And Skills Training: Why Good Lawyers Need To Pay Attention To Theory, Michael Vitiello Jan 2017

The False Dichotomy Between Theory And Skills Training: Why Good Lawyers Need To Pay Attention To Theory, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs Jan 2017

Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento Jan 2017

Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento

McGeorge School of Law Scholarly Articles

Certificate of need (“CON”) programs were conceived approximately fifty years ago as supply constraint mechanisms for healthcare services, in an environment that is essentially unrecognizable today. Every aspect of the healthcare landscape has changed dramatically, particularly in the years since the enactment of the Affordable Care Act. The historical rationales in support of CON programs have been vigorously questioned by scholars across disciplines, roundly criticized by the federal government, and largely disproven by research. Yet the status quo persists with thirty-five states retaining CON laws, due in large part to a combination of entrenched interests and political inertia that prevents …


Property Law For The Anthropocene Era, John G. Sprankling Jan 2017

Property Law For The Anthropocene Era, John G. Sprankling

McGeorge School of Law Scholarly Articles

Human activity has replaced nature as the principal force shaping our planet. As a result, we stand at the dawn of a new geological epoch: the Anthropocene. Fundamental changes in American law will be required to mitigate and adapt to the negative environmental impacts produced in this new era. These changes will go far beyond the traditional scope of environmental law to encompass property law and other subjects.This Article analyzes how American property law should respond to the Anthropocene challenge. It demonstrates the need to transition from a property law system based on stability to a more dynamic system that …


The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens Jan 2017

The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens

Faculty Articles

No abstract provided.


Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein Jan 2017

Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein

Faculty Articles

This Article proposes that the final provisions of Rule 407 and 411, which provide a list of examples of permitted purposes for which a court may admit evidence, are asking for trouble--specifically, the trouble that courts will interpret the list not as examples, but as a specially enumerated, exhaustive list of exceptions.


Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French Jan 2017

Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French

Faculty Scholarship

In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually …


As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt Jan 2017

As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Domestic Homicides: The Continuing Search For Justice, Caroline Anne Forell Jan 2017

Domestic Homicides: The Continuing Search For Justice, Caroline Anne Forell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Overcoming Biased Views Of Gender And Victimhood In Custody Evaluations When Domestic Violence Is Alleged, Ruth Leah Perrin Jan 2017

Overcoming Biased Views Of Gender And Victimhood In Custody Evaluations When Domestic Violence Is Alleged, Ruth Leah Perrin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock Jan 2017

Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr. Jan 2017

Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan Jan 2017

Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan

Utah Law Faculty Scholarship

The sex-separated public restroom, a ubiquitous feature of our built environment, has been at the vortex of litigation filed by state officials across the country challenging the Obama administration’s attempt to assure that transgender people have access to safe restrooms. Tracing the ongoing federal litigation in North Carolina surrounding the passage of House Bill 2, this Article argues that this seemingly mundane architectural space has in fact driven the litigation strategies of all parties to these cases. In insisting that access to public restrooms be based on biological sex, state officials rely on an outmoded nineteenth century cultural vision of …


Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes Jan 2017

Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes

Utah Law Faculty Scholarship

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …


Crime Victims' Rights, Paul Cassell Jan 2017

Crime Victims' Rights, Paul Cassell

Utah Law Faculty Scholarship

Over the last 40 years, advocates for crime victims have succeeded in enshrining victims’ rights in state constitutions and other enactments. These provisions show that a consensus has developed around the country on certain core victims’ rights. Included in the core are, among other things, the right to notice of court hearings, to attend court hearings, to be heard at appropriate court hearings, to proceedings free from unreasonable delay, to consideration of the victims’ safety during the process, and to restitution. The current challenge for the country is ensuring that these core rights are fully and effectively implemented and that …