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Articles 721 - 750 of 14046
Full-Text Articles in Law
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This survey covers the period from June 1, 2016 to May 31, 2017.1 The Article discusses attorney discipline, ineffective assistance of counsel, legal malpractice and breach of fiduciary duty, disqualification, judicial ethics, several miscellaneous cases involving legal ethics, opinions of the Formal Advisory Opinion Board, and amendments to the Georgia Rules of Professional Conduct.
Local Government Law, Ken E. Jarrard
Local Government Law, Ken E. Jarrard
Mercer Law Review
During the survey period, the Georgia Supreme Court and the Georgia Court of Appeals examined the applicability of statutory ante litem notice in the context of whistleblower actions against municipalities, while the Georgia Court of Appeals reaffirmed strict compliance in assessing the sufficiency of ante litem notice presented to departments of the state under the Georgia Tort Claims Act (GTCA).
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
This Article reviews notable real property issues arising from the decisions of the appellate courts of Georgia as well as legislation enacted by the Georgia General Assembly. Real property law is often thought of as stodgy, particularly with the roots of the practice arising from English common law. However, real property law is ever-changing and often touches on a myriad of issues necessitating the need for the topics reviewed in this Article. This Article provides the practitioner, student, or layperson with a guide to those court decisions entered and legislation enacted during the survey period.
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from June 1, 2016 to May 31, 2017 that pertain to Georgia fiduciary law and estate planning.
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
The 2016-2017 survey period was relatively quiet for workers' compensation developments, but the workers' compensation system was nonetheless impacted by appellate decisions during this period. Such decisions involve issues ranging from statutes of limitations to willful misconduct, including two decisions from the Georgia Supreme Court reversing cases featured in last year's survey.
Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu
Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu
Washington Law Review
This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies. …
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Editoral Board, Journal Editors
Contents, Journal Editors
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
Journal of Food Law & Policy
In 2016 the FDA revised the agency’s guidance on dietary supplement labeling. This modification permits the term “dietary supplement” be the entire statement of identity for a dietary supplement. This is an error in the interpretation of the plain language of the Food, Drug, and Cosmetic Act, the plain language of 21 C.F.R. § 101.3(g); and does not comport with numerous rules of statutory interpretation. Moreover, this change violates the Administrative Procedures Act and the FDA’s rules on notice and comment. This change is a disguised rescission of 21 C.F.R. § 101.3(g) without a proper opportunity for the public to …
Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell
Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell
Journal of Digital Forensics, Security and Law
Digital forensics is a multidisciplinary field encompassing both computer science and criminal justice. This action research compared demonstrated skill levels of university students enrolled in a semester course in small device forensics with 54 hours of instruction in mobile forensics with an emphasis on physical techniques such as JTAG and Chip-Off extraction against the skill levels of industry professionals who have completed an accelerated 40 hour advanced mobile forensics training covering much of the same material to include JTAG and Chip-Off extraction. Participant backgrounds were also examined to determine if those participants with a background in computer science had an …
Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson Menza Karie, Simon Maina Karume Dr.
Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson Menza Karie, Simon Maina Karume Dr.
Journal of Digital Forensics, Security and Law
With the evolution in digital technologies, organizations have been forced to change the way they plan, develop, and enact their information technology strategies. This is because modern digital technologies do not only present new opportunities to business organizations but also a different set of issues and challenges that need to be resolved. With the rising threats of cybercrimes, for example, which have been accelerated by the emergence of new digital technologies, many organizations as well as law enforcement agencies globally are now erecting proactive measures as a way to increase their ability to respond to security incidents as well as …
Broadband Router Security: History, Challenges And Future Implications, Patryk Szewczyk, Rose Macdonald
Broadband Router Security: History, Challenges And Future Implications, Patryk Szewczyk, Rose Macdonald
Journal of Digital Forensics, Security and Law
Consumer grade broadband routers are integral to accessing the Internet and are primarily responsible for the reliable routing of data between networks. Despite the importance of broadband routers, security has never been at the forefront of their evolution. Consumers are often in possession of broadband routers that are rich in consumer-orientated features yet riddled with vulnerabilities that make the routers susceptible to exploitation. This amalgamation of theoretical research examines consumer grade broadband routers from the perspective of how they evolved, what makes them vulnerable, how they are targeted and the challenges concerning the application of security. The research further explores …
Trending @ Rwu Law: Dean Yelnosky's Post: Show, Don't Tell 12-1-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: Show, Don't Tell 12-1-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
Law Library Blog (December 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (December 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems, Lisa K. Decker
Droning On: The State And Federal Legal Response To The Deregulation Of U.S. Airspace For Small Unmanned Aircraft Systems, Lisa K. Decker
Journal of Criminal Justice and Law
With the 2012 congressional mandate that the Federal Aviation Administration promulgate rules allowing the use of small unmanned aircraft systems (commonly called drones) in U.S. airspace, many have expressed concerns about potential invasions of privacy by both private citizens and law enforcement agencies. This article provides a survey of the state and federal case law and legislative responses to such concerns through August of 2016, with a detailed focus on legislative enactments creating crimes related to civilian drone use and regulating the law enforcement use of drones to collect evidence in criminal investigations. The article also analyzes and attempts to …
Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer
Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer
Journal of Criminal Justice and Law
Accountability in the corrections system is essential to protecting the well-being and safety of inmates. To provide a better understanding of the methods of ensuring the humane treatment of inmates, this article traces the history of Kansas’s jail inspection policy, beginning with passage of the state’s 1973 jail inspection statute. An examination of the legislative history of Kansas’s inspection statute and jail inspection reports, in addition to oral history interviews with corrections officials, reveals that the statute was effective in providing accountability and producing measurable improvements in jail conditions. The history of Kansas’s jail inspection statute, including its repeal in …
Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti
Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti
Journal of Criminal Justice and Law
In recent years, considerable national attention has been focused upon cases in which police officers used deadly force that resulted in the death of private citizens. The officers often contended that the use of deadly force was justified under the circumstances. Prosecutors then presented these cases to grand juries to determine whether criminal prosecutions were warranted. Some prosecutors have elected to provide full grand jury reviews that include the presentation of exculpatory evidence or at least evidence favorable to the police. Although prosecutors have no constitutional obligation to provide such reviews, those who elect to provide full grand jury reviews …
County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts, Larry Karson
County Judges And Cosmetologists: A Preliminary Inquiry Into “Constitutional” County Courts, Larry Karson
Journal of Criminal Justice and Law
Since at least the days of Prohibition there has been a discussion regarding the professionalism of the individuals involved in the American criminal justice system. From the police officers being required to have some college education along with months of academy training in the law and procedures of the justice system to attorneys being mandated, after college, to complete a 3 year program of formalized academic training in the law and passing a state administered exam of competence, the requirements that determined competency have increased as society and the law have become more complex.
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Dangerous Intersection: Protecting People With Mental Disabilities From Police Brutality During Arrests Using The Americans With Disabilities Act, Taylor Pugliese
Hofstra Law Review
No abstract provided.
Volume 101, Number 4 (Winter 2017)
The Religious Liberty Jurisprudence Of Justice Antonin Scalia, Ronald J. Colombo
The Religious Liberty Jurisprudence Of Justice Antonin Scalia, Ronald J. Colombo
Hofstra Law Review
No abstract provided.
Reflections Upon The Jurisprudence Of Justice Antonin Scalia: Selections From Securities Law, Arbitration, And Administrative Law, Anthony Michael Sabino
Reflections Upon The Jurisprudence Of Justice Antonin Scalia: Selections From Securities Law, Arbitration, And Administrative Law, Anthony Michael Sabino
Hofstra Law Review
No abstract provided.
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Hofstra Law Review
In the wake of Hurricane Harvey and a slew of other natural disasters affecting the United States, all Americans cannot help thinking about effective damage control for current and future disasters. I grew up in Houston, Texas where we went through countless hurricanes, torrential rainstorms, and the resulting power outages, and after surviving each one, we inevitably thought: What can we do to prepare better for the next one? Preparing to be self-sufficient in the aftermath of a life-changing disaster should be a top priority not just for individuals but for the government as well. After all, the more prepared …