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Full-Text Articles in Law

March 10, 2013: The Executioner In Chief, Bruce Ledewitz Mar 2013

March 10, 2013: The Executioner In Chief, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Executioner in Chief“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives Mar 2013

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.


The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins Feb 2013

The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins

University of Akron Press Publications

This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and …


February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz Feb 2013

February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “No One Believes in Separation of Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz Feb 2013

February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Absurdity of Corporate Religious Freedom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore Feb 2013

The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore

Pepperdine Dispute Resolution Law Journal

The article presents information on the security in the markets and the regulatory reform as passed by the U.S. Congress. The impact of recession on the American economy and the destruction of public and private wealth are considered. The enactment of Dodd Frank Wall Street Reform and Consumer Protection Act and the executive compensations are discussed. The case law related to arbitration of disputes related to security and the need of law reform is also discussed.


February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz Feb 2013

February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response to Obama’s Contraception Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz Jan 2013

January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Was President Obama’s Speech About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz Jan 2013

January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Agree With Some of the Words of Pastor Louie Giglio“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan Jan 2013

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan

Pepperdine Law Review

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …


Investment Company As Instrument: The Limitations Of The Corporate Governance Regulatory Paradigm, Anita Krug Jan 2013

Investment Company As Instrument: The Limitations Of The Corporate Governance Regulatory Paradigm, Anita Krug

All Faculty Scholarship

U.S. regulation of public investment companies (such as mutual funds) is based on a notion that, from a governance perspective, investment companies are simply another type of business enterprise, not substantially different from companies that produce goods or provide (noninvestment) services. In other words, investment company regulation is founded on what this Article calls a “corporate governance paradigm,” in that it provides a significant regulatory role for boards of directors, as the traditional governance mechanism in business enterprises, and is “entity centric,” focusing on intraentity relationships to the exclusion of superentity ones. This Article argues that corporate governance norms, which …


Rethinking U.S. Investment Adviser Regulation, Anita Krug Jan 2013

Rethinking U.S. Investment Adviser Regulation, Anita Krug

All Faculty Scholarship

(Excerpt)Now, in the aftermath of Dodd-Frank's enactment and the SEC's associated bout of rulemaking, one might think that the Advisers Act's regulatory regime is a workable and effective one, equipped to address - and address efficiently - the investor-protection risks that the twenty-first-century investment adviser industry produces. In fact, however, Dodd-Frank did not touch - and, indeed, Dodd-Frank's crafters indicated no awareness of - many of the Advisers Act's longstanding troubles. Additionally, the changes Dodd-Frank brought about have their own considerable deficiencies. As this Article contends, the U.S. investment adviser regulatory regime, now seventy-four years old, is in need of …


Mid-Atlantic Ethics Committee Newsletter, Winter 2013 Jan 2013

Mid-Atlantic Ethics Committee Newsletter, Winter 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center Jan 2013

Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center

Nova Lawyer

No abstract provided.


Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr. Jan 2013

Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.

CRHR: Archaeology

Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …


Classroom Encounters Jan 2013

Classroom Encounters

Maryland Carey Law

No abstract provided.


A Series Of Unfortunate Events In Rio, Or What I Did On My Summer Vacation, Becky Jacobs Jan 2013

A Series Of Unfortunate Events In Rio, Or What I Did On My Summer Vacation, Becky Jacobs

College of Law Faculty Scholarship

This essay describes a particular “day in the life” of the author in Rio de Janeiro and explores how it could be perceived as a series of experiential metonyms for a number of concepts related to the authority and influence of law in Brazilian society.


How To Stop Worrying And Learn To Love The Second Amendment: A Reply To Professor Magarian, Glenn Reynolds, Brannon Denning Jan 2013

How To Stop Worrying And Learn To Love The Second Amendment: A Reply To Professor Magarian, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 Texas Law Review 49, 53-72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such …


A New Perspective On Judicial Disqualification: An Antidote To The Effects Of The Decisions In White And Citizens United, Penny White Jan 2013

A New Perspective On Judicial Disqualification: An Antidote To The Effects Of The Decisions In White And Citizens United, Penny White

Scholarly Works

No abstract provided.


What Casey Martin Has To Teach Us About Disability Discrimination In The Workplace, Alex B. Long Jan 2013

What Casey Martin Has To Teach Us About Disability Discrimination In The Workplace, Alex B. Long

Scholarly Works

No abstract provided.


A Place In The Academy: Law Faculty Hiring And Socioeconomic Bias, Michael J. Higdon Jan 2013

A Place In The Academy: Law Faculty Hiring And Socioeconomic Bias, Michael J. Higdon

Scholarly Works

In the movie Moneyball — based on the nationally bestselling book of the same name — Jonah Hill’s character, Peter Brand remarks, “People are overlooked for a variety of biased reasons and perceived flaws.” Although his character was referring to baseball players, the same could be said of those who attempt to secure jobs as law professors. In fact, many law students are later surprised to learn that their ability to secure a job as a law professor has much less to do with what they have might have done during their legal careers, and more to do with simply …


Teaching Antitrust After The Financial Crisis, Maurice Stucke Jan 2013

Teaching Antitrust After The Financial Crisis, Maurice Stucke

Scholarly Works

No abstract provided.


How To Stop Worrying And Learn To Love The Second Amendment: A Reply To Professor Magarian, Glenn Harlan Reynolds Jan 2013

How To Stop Worrying And Learn To Love The Second Amendment: A Reply To Professor Magarian, Glenn Harlan Reynolds

Scholarly Works

In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 Texas Law Review 49, 53-72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such …


A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian Krumm, Joan Macleod Heminway, Michael J. Higdon Jan 2013

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian Krumm, Joan Macleod Heminway, Michael J. Higdon

Scholarly Works

No abstract provided.


The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons Jan 2013

The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons

Scholarly Works

No abstract provided.


Media Witness: Human Rights In An Age Of Digital Media, Daniel Joyce Jan 2013

Media Witness: Human Rights In An Age Of Digital Media, Daniel Joyce

Intercultural Human Rights Law Review

This article examines the impact of media witnesses in the field of human rights, looking especially at the rise of citizen media and the use of the Internet and social media by activists and international organizations. Despite the need to interrogate the technological determinism underlying many claims for digital media technologies, the development of 'citizen media' is a promising avenue for international law. New technologies can help actors connect with each other, engage new audiences, and potentially also assist with documentation, evidence gathering and compliance. But such possibilities bring dangers and difficulties which will not easily be resolved. This article …


Human Rights In China: Examining The Human Rights Values In Chinese Confucian Ethics And Roman Catholic Social Teachings, Mee-Yin Mary Yuen Jan 2013

Human Rights In China: Examining The Human Rights Values In Chinese Confucian Ethics And Roman Catholic Social Teachings, Mee-Yin Mary Yuen

Intercultural Human Rights Law Review

In this paper, I will first examine social values in Chinese Confucian ethics and investigate if these values seek to protect what could be termed basic rights and freedoms of people. Such an inquiry is essential given the background of the lack of freedom of expression and conscience in contemporary China. I shall focus on examining those ideas in Confucian ethics that may contribute to upholding such freedom. Secondly, as a Roman Catholic, I will borrow from the example of Catholic social teachings, another ethical tradition, to show briefly the gradual development and acceptance of human rights discourse within the …


The Deciding Factor: The U.S. Supreme Court, Minnesota State University, Mankato Jan 2013

The Deciding Factor: The U.S. Supreme Court, Minnesota State University, Mankato

Democracy/Government

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.


International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian Jan 2013

International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian

Marquette Intellectual Property Law Review

None.


Tort Liability For Parents Who Choose Not To Vaccinate Their Children And Whose Unvaccinated Children Infect Others, Teri Dobbins Baxter Jan 2013

Tort Liability For Parents Who Choose Not To Vaccinate Their Children And Whose Unvaccinated Children Infect Others, Teri Dobbins Baxter

Scholarly Works

This article explores whether parents can or should be civilly liable for damages when (1) their unvaccinated child contracts a disease that would have been prevented by an available and recommended vaccine, and (2) those children infect others who were either vaccinated (but who failed to develop immunity despite the vaccination) or were unable to be vaccinated because of their age or other medical conditions. In the past, concerns about establishing causation have discouraged discussions about liability. However, in several recent cases public health officials have been able to identify the source of outbreaks. Furthermore, outbreaks of diseases that had …