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Articles 10231 - 10260 of 12793
Full-Text Articles in Law
The Expansive Reach Of Pretrial Detention, Paul Heaton
The Expansive Reach Of Pretrial Detention, Paul Heaton
North Carolina Law Review
No abstract provided.
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
North Carolina Law Review
No abstract provided.
Governing The Salish Sea, Kyla Wilson
Governing The Salish Sea, Kyla Wilson
UC Law Environmental Journal
No abstract provided.
Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid
Retrievable Images On Social Media Platforms: A Call For A New Privacy Tort, Zahra Takhshid
Buffalo Law Review
No abstract provided.
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Buffalo Law Review
In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram
Buffalo Law Review
No abstract provided.
Explorations With Charlie Sullivan: Theorizing A Different Universe Of Employment Discrimination, William Corbett
Explorations With Charlie Sullivan: Theorizing A Different Universe Of Employment Discrimination, William Corbett
All Scholarship
No abstract provided.
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
Journal Articles
An at will prerogative without limits could be suffered only in an anarchy, and there not for long--it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract at will for no reason, or for an arbitrary or irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose that contravenes public policy. A different interpretation would encourage and sanction lawlessness, which law by its very nature …
A Historical Review Of The State Police Powers And Their Relevance To The Covid-19 Pandemic Of 2020, Edward P. Richards
A Historical Review Of The State Police Powers And Their Relevance To The Covid-19 Pandemic Of 2020, Edward P. Richards
Journal Articles
No abstract provided.
Delaware As Deal Arbiter, Christina M. Sautter
Delaware As Deal Arbiter, Christina M. Sautter
Journal Articles
Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management conduct in the M&A process and with respect to deal terms, particularly deal protection devices. Like in any relationship, there is a "give and take" between practitioners and Delaware. That is, practitioners are "on the front lines," often innovating with respect to new deal structures and deal terms. After some time, Delaware has the …
Intellectual Disability And The Death Penalty: Florida's Wrongs Should Be Made Right, Margaret S. Russell Esq., Allison F. Miller Esq., Robert Ouaou Ph.D.
Intellectual Disability And The Death Penalty: Florida's Wrongs Should Be Made Right, Margaret S. Russell Esq., Allison F. Miller Esq., Robert Ouaou Ph.D.
Nova Law Review
No abstract provided.
Climate Change Management In The Space Age, Paul B. Larsen
Climate Change Management In The Space Age, Paul B. Larsen
William & Mary Environmental Law and Policy Review
This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It explains …
After Juliana: A Proposal For The Next Atmospheric Trust Litigation Strategy, Kacie Couch
After Juliana: A Proposal For The Next Atmospheric Trust Litigation Strategy, Kacie Couch
William & Mary Environmental Law and Policy Review
The cliffs of California are dissolving.2 Glaciers in Colorado and Montana are dissolving.3 Islands in Louisiana and Alaska are dissolving.4 America as we know it is dissolving; twenty-one youth plaintiffs that face a future with less liberty and independence than generations before them claim that federal government inaction in the face of climate change is to blame.5 Those plaintiffs, in the landmark case Juliana v. United States, sought judicial declaration of a federal public trust and substantive due process right to a stable climate system.6 In proceedings, Judge Anne Aiken of the District Court of Oregon declared a newly …
Is The Rising Of Voter Restoration Leading To Permanent Disenfranchisement Of Felons? Florida Joins The Voter Restoration Trend, Carol Gonzalez
Is The Rising Of Voter Restoration Leading To Permanent Disenfranchisement Of Felons? Florida Joins The Voter Restoration Trend, Carol Gonzalez
Nova Law Review
No abstract provided.
What You Rhyme Could Be Used Against You: A Call For Review Of The True Threat Standard, Zachary Stoner
What You Rhyme Could Be Used Against You: A Call For Review Of The True Threat Standard, Zachary Stoner
Nova Law Review
No abstract provided.
Patients As Peers: Blockchain Based Ehr And Medical Information Commons Models For Hitech Act Compliance, Zachary L. Catanzaro, Robert Kain
Patients As Peers: Blockchain Based Ehr And Medical Information Commons Models For Hitech Act Compliance, Zachary L. Catanzaro, Robert Kain
Nova Law Review
No abstract provided.
Nova Law Review Full Issue Volume 44, Issue 3
The Criminally Damaged Brain And The Need To Expand Mental Health Courts: A Look At The Traumatized Mind, Unfortunate Criminal Consequences, And The Divergent Paths Of Prison Or Treatment, Adam R. Wagner
Nova Law Review
No abstract provided.
Why Florida Should Reject Prenuptial Agreement Interpretation Through Common Law Contract And Instead Embrace Enforcement In Equity, Reid Levin
Nova Law Review
No abstract provided.
The Right To A Speedy Trial In Florida: Another Victim Of Covid-19, Blaze Walsh
The Right To A Speedy Trial In Florida: Another Victim Of Covid-19, Blaze Walsh
Nova Law Review
No abstract provided.
Barbaric Retributivism: New Hampshire And Washington Are Two Of The Last States To Abolish The Death Penalty. Here Is Why Florida Should Follow Suit, Jonathan Perez
Nova Law Review
No abstract provided.
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Harvey M. Applebaum ’59 Award
No abstract provided.
The Pharma Perspective: The Double-Edged Sword Of Direct-To-Consumer Advertising, Ela H. Yalcin
The Pharma Perspective: The Double-Edged Sword Of Direct-To-Consumer Advertising, Ela H. Yalcin
Health Law Outlook
No abstract provided.
Direct-To-Consumer Genetic Testing: Maintenance Of Individual Privacy, Jessica L. Missel
Direct-To-Consumer Genetic Testing: Maintenance Of Individual Privacy, Jessica L. Missel
Health Law Outlook
No abstract provided.
Arbitrating The England Problem: Litigation, Private Ordering, And The Rise Of The Modern Economy, Christian R. Burset
Arbitrating The England Problem: Litigation, Private Ordering, And The Rise Of The Modern Economy, Christian R. Burset
Journal Articles
Legal scholars, historians, and social scientists have long puzzled over how England-with its apparently irrational common-law system-gave birth to the Industrial Revolution. One prominent solution has been to suggest that eighteenth-century merchants used arbitration and other forms of private ordering to sidestep England's defective legal system. This Article questions that story by offering a new account of how and why extralegal commercial arbitration declined in the early years of the Industrial Revolution. Until the middle of the eighteenth century, merchants could generally resolve their disputes without courts or lawyers. But that changed as new forms of lending arose, credit transactions …
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller
Faculty Scholarship
How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran
St. Mary's Law Journal
Abstract forthcoming
Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes
St. Mary's Law Journal
Abstract forthcoming.
Book Review, Roberto Rosas
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone
St. Mary's Law Journal
Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …