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Articles 3451 - 3480 of 6239
Full-Text Articles in Law
Front Matter
St. Thomas Law Review
Front Matter includes the Table of Contents for St. Thomas Law Review Volume 21, Issue 2, Winter 2009.
Why The United States Supreme Court Got Some (But Not A Lot) Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Why The United States Supreme Court Got Some (But Not A Lot) Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
St. Thomas Law Review
In the past forty-five years, the United States Supreme Court has firmly established the right to lawyers for poor people in criminal cases. The right, arising under the Sixth Amendment to the United States Constitution, extends beyond trials, and includes assistance in addition to lawyers for indigent defendants. The right to a lawyer is seen as central to our system of criminal justice. At the same time, the Justices' rulings here have been subject to sharp criticism in a host of areas relating to the stages of the proceedings to which the right applies, the failure to define indigency, and …
What'cha Gonna Do Brother When Hulkmania Runs Wild On You: A Practitioner's Guide To Section 322.09 Of The Florida Statutes, Kansas R. Gooden
What'cha Gonna Do Brother When Hulkmania Runs Wild On You: A Practitioner's Guide To Section 322.09 Of The Florida Statutes, Kansas R. Gooden
St. Thomas Law Review
In the 1980s and 1990s, our generation grew up watching Hulk Hogan in the ring. We would watch in awe as he would rip his yellow and red shirt and scream catchy slogans. He told us to "[t]rain, say your prayers, and eat your vitamins., We watched him star in movies, such as Rocky III and Mr. Nanny. Later, our generation was hooked on Hogan Knows Best, a reality show featuring Hulk Hogan and his family, which aired on VH1. However, on August 26, 2007, the Hogans were forced into the spotlight for another reason. Nick, Hulk Hogan's youngest child, …
The Pending Credit Card Debt Meltdown: What's Happening In Your Wallet, Kathleen M. Moore
The Pending Credit Card Debt Meltdown: What's Happening In Your Wallet, Kathleen M. Moore
St. Thomas Law Review
AIG, the sub-prime market meltdown, bailouts for the Big Three automakers-it would be nice if bad things really only came in threes. But there is another crisis looming on the horizon, burgeoning credit card debt. Indeed, a coalition of organizations has banded together to urge Senate leaders to protect credit card consumers as part of the bailout package. As an examination of the existing laws reveals, there is little or no control or oversight of credit card issuers. To date, the credit card companies have successfully avoided any detrimental federal legislation. Instead, credit card companies were the biggest beneficiaries of …
Subprime Loans: Turning The American Dream Into A Nightmare, Baldy Martinez
Subprime Loans: Turning The American Dream Into A Nightmare, Baldy Martinez
St. Thomas Law Review
This Comment will first illustrate how the prime and subprime industry works by addressing various subtopics such as: (1) the characteristics of subprime borrowers; (2) the qualification process; (3) the different loan products available; and (4) how consumers are trapped by subprime loans. Second, it will discuss the current federal and state legislation governing the lending industry, and inquire into proposed lending regulations. Third, it will analyze the current financial crisis, along with its causes and consequences. Fourth, it will provide both a short-term and long-term solution to the current financial crisis.
Protecting The Great Lakes In The Face Of A Water Crisis: The Need For Immediate Ratification Of The Great Lakes - St. Lawrence River Basin Water Resources Compact, And For An Amendment To The Boundary Waters Treaty Of 1909, Mark Sobocienski
St. Thomas Law Review
This article seeks to establish the importance of providing permanent maximum protection to the Great Lakes from future diversions outside of the basin in the face of increasing water shortages. It will examine the shortcomings of the four governing laws currently in place to protect the Great Lakes and demonstrate the need to make the New Compact binding as quickly as possible in order to compensate for these shortcomings. Part I of this article will discuss the geography of the Great Lakes region in order to put the matter in its context. Part II will examine the content and problems …
Foreword: Criminal Law Issue, Alfredo Garcia
Foreword: Criminal Law Issue, Alfredo Garcia
St. Thomas Law Review
It is my pleasure to write the foreword to this inaugural criminal law issue. The issue consists of four timely and incisive articles that underscore the importance of the procedural and fair trial guarantees embodied, respectively, in the Fourth and Sixth Amendments to the United States Constitution. A common theme underlies the message conveyed by the distinguished authors: the extent to which the interpretation of criminal procedural rights by both the Supreme Court and state appellate courts affect the everyday administration of justice in the United States.
Voter Turnout: From Cost To Cooperation, Jason Marisam
Voter Turnout: From Cost To Cooperation, Jason Marisam
St. Thomas Law Review
Political scientists have generally concluded that state efforts to increase voter turnout will continue to flounder so long as those efforts remain focused on lowering the already low cost of voting. Accordingly, this Article argues that future efforts to achieve consistently higher and widespread voter turnout among all demographics must consider other determinants of voter behavior. The primary goal of this Article is to craft a framework based on a thorough understanding of voter motivation and behavior that helps conceptualize and analyze public efforts to increase voter turnout. The framework fills a gap in the literature by drawing from a …
Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King
Northwestern Journal of Law & Social Policy
This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Northwestern Journal of Law & Social Policy
No abstract provided.
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
Northwestern Journal of Law & Social Policy
This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Northwestern Journal of Law & Social Policy
This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Scholarly Works
This essay describes how problem-solving and preventive law principles apply in the teaching of international labor and employment law. This is because the subject itself crosses disciplinary and geographical boundaries. Students are taught about the importance of the lawyer's role as a counselor, rather than simply a litigator, which is at the center of the model of the lawyer as a problem solver.
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Scary Patents, Stephen Mcjohn
Scary Patents, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Reexamination And Improving Patent Quality, Roger Shang
Reexamination And Improving Patent Quality, Roger Shang
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Northwestern Journal of Technology and Intellectual Property
No abstract provided.