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Articles 691 - 720 of 14046
Full-Text Articles in Law
Diversification Of The Japanese Judiciary, Daniel H. Foote
Diversification Of The Japanese Judiciary, Daniel H. Foote
Washington International Law Journal
Japan has a career judiciary. The Courts Act of 1947 provides that judges may be appointed from among prosecutors, attorneys, and law professors. In practice, however, the vast majority of judges come from a fourth category, “assistant judges,” who are appointed directly upon completion of the legal training program and typically serve through retirement. This continues a career tradition that dates back to the late nineteenth century. For nearly that long, the Japanese bar has been advocating that the career system should be abolished and that a substantial portion of the judiciary, if not all judges, should be drawn from …
Labor And Employment Law, W. Melvin Haas Iii, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Upson
Labor And Employment Law, W. Melvin Haas Iii, W. Jonathan Martin Ii, Alyssa K. Peters, Patricia-Anne Upson
Mercer Law Review
This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2016 to May 31, 2017, that affect labor and employment relations for Georgia employers.
Fake News: No One Is Liable, And That Is A Problem, Emma M. Savino
Fake News: No One Is Liable, And That Is A Problem, Emma M. Savino
Buffalo Law Review
No abstract provided.
Judge Eugene B. Strassburger Iii And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman
Judge Eugene B. Strassburger Iii And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman
Law Faculty Publications
In the last two issues of the Pennsylvania Family Lawyer, I compiled a list of family law cases decided by Judges R. Stanton Wettick, Jr. and Lawrence W. Kaplan for the decade of the 1980s when the Divorce Code was first introduced into the Commonwealth. The local court was a leader in deciding cases that set forth many of the principles that the appellate courts adopted as new law. In this article, I present the cases of Judge Eugene B. Strassburger, III, who served in the Allegheny Court of Common Pleas from June 28, 1978, until his retirement on …
Board Of Officers - Vol. 47, No. 4 2017
The Cuban Adjustment Act In The Wake Of The United States’ Restored Diplomatic Relations With Cuba, Claudia Lorenzo
The Cuban Adjustment Act In The Wake Of The United States’ Restored Diplomatic Relations With Cuba, Claudia Lorenzo
Seton Hall Law Review
No abstract provided.
Boys Club Behind The Scenes: Using Title Vii To Remedy Gender Discrimination In Hollywood, Samira Paydar
Boys Club Behind The Scenes: Using Title Vii To Remedy Gender Discrimination In Hollywood, Samira Paydar
Seton Hall Law Review
No abstract provided.
Table Of Contents - Vol. 47, No. 4 2017
Student Assistants And The Nlrb: A Call For Notice-And-Comment Rulemaking, Andrew F. Boccio
Student Assistants And The Nlrb: A Call For Notice-And-Comment Rulemaking, Andrew F. Boccio
Seton Hall Law Review
No abstract provided.
What Does This Mean? Examining Legislative Ambiguities In The Cybersecurity Act Of 2015 And The Potential For A Future Circuit Split On Interpretation, Sarah E. Hsu Wilbur
What Does This Mean? Examining Legislative Ambiguities In The Cybersecurity Act Of 2015 And The Potential For A Future Circuit Split On Interpretation, Sarah E. Hsu Wilbur
Seton Hall Law Review
No abstract provided.
The Seventeenth Annual Albert A. Destefano Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center, Caroline M. Gentile, The Honorable Karen L. Valihura
The Seventeenth Annual Albert A. Destefano Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center, Caroline M. Gentile, The Honorable Karen L. Valihura
Fordham Journal of Corporate & Financial Law
No abstract provided.
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus
Washington International Law Journal
In September of 2016, Ahmad Al Faqi Al Mahdi was convicted in the International Criminal Court (“ICC”) for the intentional destruction of several World Heritage sites during the 2012 conflict in Timbuktu, Mali. This conviction was hailed as a breakthrough after years of frustration with the lack of enforcement of international laws prohibiting the destruction of cultural property. It was also the first conviction of its kind, and advocates of cultural preservation have celebrated it as a much-needed general deterrent in North Africa and the Middle East, where iconoclasm has become a favorite tactic of various state and non-state actors …
Informal Constitutional Change, Oran Doyle
Informal Constitutional Change, Oran Doyle
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
Two Examples Of “Quasi-Constitutional Amendments” From The Italian Constitutional Evolution—A Response To Richard Albert, Nicola Lupo
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
Respecting The Mystery Of Constitutional Change, Jonathan L. Marshfield
Respecting The Mystery Of Constitutional Change, Jonathan L. Marshfield
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
Turns Of The Contingent Fee Key To The Courthouse Door, Douglas R. Richmond
Turns Of The Contingent Fee Key To The Courthouse Door, Douglas R. Richmond
Buffalo Law Review
No abstract provided.
Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier
Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
More Than Seals And Sea Otters: Opa Causation And Moratorium Damages, Allan Kanner
More Than Seals And Sea Otters: Opa Causation And Moratorium Damages, Allan Kanner
Duke Environmental Law & Policy Forum
Following the 2010 BP/Deepwater Horizon oil spill, the Federal Government issued a drilling and permitting moratorium in the Gulf of Mexico that resulted in significant economic losses for many businesses that serve the oil and gas industry. The Oil Pollution Act should have covered these economic damages; however, the Eastern District of Louisiana held otherwise. This article details how the Oil Pollution Act should have been applied to those who suffered economic loss as a result of the oil spill following the six month moratorium in the Gulf.
Minimalist Solution To Williamson County, Raymond J. Nhan
Minimalist Solution To Williamson County, Raymond J. Nhan
Duke Environmental Law & Policy Forum
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson County relegated Fifth Amendment takings claims to a second-class of federal rights. Before a takings plaintiff can sue in federal court, she must first seek compensation through an “adequate state procedure.” Many federal courts have held that requirement to mean a takings litigant must first seek compensation through state courts if that state provides an inverse condemnation proceeding. However, if a takings litigant sues in state court, she will be unable to sue in federal court because of issue preclusion. This effectively shuts the federal courthouse door to many property …
Whether Ancillary Regulatory Burdens Imposed By The Clean Power Plan Unconstitutionally Commandeer The States, Zachary Hennessee
Whether Ancillary Regulatory Burdens Imposed By The Clean Power Plan Unconstitutionally Commandeer The States, Zachary Hennessee
Duke Environmental Law & Policy Forum
No abstract provided.
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Journal of Food Law & Policy
This Article updates the authors’ seminal 2014 Wisconsin Law Review article, "Food Law & Policy: The Fertile Field’s Origins and First Decade," which was the first scholarly work to detail the fascinating origins and explosive growth of the legal field of Food Law & Policy. Using the same ten criteria the authors developed to measure the growth of Food Law & Policy for the 2014 article, this Article measures and details the field’s impressive growth since that time.
Hunger Games In The Capital: An Examination Of The Need For America's Elected Officials To Emerge From The Legislative Landfill And Combat Our Country's Food Waste And Hunger Epidemics, Mary K. Bedard
University of Dayton Law Review
No abstract provided.
The Private Search Doctrine And Electronic Evidence: A New Approach To Tailor The Fourth Amendment Exception In The Context Of Personal Computers, Carly M. Sherman
The Private Search Doctrine And Electronic Evidence: A New Approach To Tailor The Fourth Amendment Exception In The Context Of Personal Computers, Carly M. Sherman
University of Dayton Law Review
No abstract provided.
Star Wars: Application Of The Economic Substance Doctrine To Foreign Tax Credits, And What The Future Holds, Rebecca Rosenberg
Star Wars: Application Of The Economic Substance Doctrine To Foreign Tax Credits, And What The Future Holds, Rebecca Rosenberg
University of Dayton Law Review
No abstract provided.
Judicial Supremacy In Comparative Constitutional Law, Manoj Mate
Judicial Supremacy In Comparative Constitutional Law, Manoj Mate
Journal Articles
This Article challenges the prevailing conception of judicial supremacy in comparative constitutional law as informed by U.S. and Western models of constitutionalism and argues for re-conceptualizing judicial supremacy in a way that captures the broader range of institutional roles courts play globally. Drawing on insights from global constitutional systems, this is the first article to argue for and develop an institutional conception of judicial supremacy that focuses on three key institutional roles played by courts globally: constitutional guardianship, institutional guardianship, and governance optimization. It then provides a dynamic account of the emergence of “expansive” judicial supremacy in India through a …
The Collecting Bank And The Fictitious Payee - The End Of The Road?, Benjamin Geva
The Collecting Bank And The Fictitious Payee - The End Of The Road?, Benjamin Geva
Articles & Book Chapters
No abstract provided.
Administrative Law, Jennifer B. Alewine, Courtney E. Ferrell, Allison W. Pryor
Administrative Law, Jennifer B. Alewine, Courtney E. Ferrell, Allison W. Pryor
Mercer Law Review
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2016 through May 31, 2017 in which principles of administrative law were a central focus of the case. The Article first discusses the exhaustion of administrative remedies, followed by decisions by state administrative agencies, then on to scope of authority, statutory construction, a review of administrative decisions, and concludes with a brief review of enactments from the 2017 regular session of the Georgia General Assembly.
Business Associations, Edward P. Bonapfel, E. Bowen Reichert Shoemaker
Business Associations, Edward P. Bonapfel, E. Bowen Reichert Shoemaker
Mercer Law Review
This Article surveys notable cases in the areas of corporate, limited-liability company (LLC), partnership, agency, and joint-venture law decided between June 1, 2016 and May 31, 2017 by the Georgia Supreme Court, the Georgia Court of Appeals, and the United States district courts in Georgia.
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Abigail M. Herrmann
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Abigail M. Herrmann
Mercer Law Review
This Article addresses significant case law during the survey period from June 1, 2016 through May 31, 2017.
Evidence, John E. Hall Jr., W. Scott Henwood, L. Witt Carmon Ii
Evidence, John E. Hall Jr., W. Scott Henwood, L. Witt Carmon Ii
Mercer Law Review
Following the adjustments to Georgia's Evidence Code on January 1, 2013, Georgia courts have developed significant case law interpreting various changes from the old code. This year's survey period marks the fourth year since the landmark alterations to the Georgia Evidence Code, Official Code of Georgia Annotated (O.C.G.A.) Title 24 took effect. Addressed in this year's Article are cases spanning from June 1, 2016 to May 31, 2017. Specifically, this Article addresses the following: (1) Significant developments regarding the admissibility of evidence ascertained by or maintained through technology; (2) Special rules of admissibility tied to crimes of sexual misconduct or …