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Articles 3481 - 3510 of 6239
Full-Text Articles in Law
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Responsibility And The Negligence Standard, Joseph Raz
Responsibility And The Negligence Standard, Joseph Raz
Faculty Scholarship
The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the grounds of duties to pay damages.
Bargaining Around Bankruptcy: Small Business Workouts And State Law, Edward R. Morrison
Bargaining Around Bankruptcy: Small Business Workouts And State Law, Edward R. Morrison
Faculty Scholarship
Federal bankruptcy law is rarely used by distressed small businesses. For every 100 that suspend operations, at most 20 file for bankruptcy. The rest use state law procedures to liquidate or reorganize. This paper documents the importance of these procedures and the conditions under which they are chosen using firm-level data on Chicago-area small businesses. I show that business owners bargain with senior lenders over the resolution of financial distress. Federal bankruptcy law is invoked only when bargaining fails. This tends to occur when there is more than one senior lender or when the debtor has defaulted on senior debt …
Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage
Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage
Saint Louis University Law Journal
No abstract provided.
Physicians Who Break The Law, Diane E. Hoffmann
Physicians Who Break The Law, Diane E. Hoffmann
Saint Louis University Law Journal
No abstract provided.
“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone
“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone
Saint Louis University Law Journal
No abstract provided.
Three Stories And Their Morals, Robert B. Bennett
Three Stories And Their Morals, Robert B. Bennett
Scholarship and Professional Work - Business
Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …
Arms In The Hands Of Jews Are A Danger To Public Safety: Nazism, Firearm Registration, And The Night Of The Broken Glass, Stephen P. Halbrook
Arms In The Hands Of Jews Are A Danger To Public Safety: Nazism, Firearm Registration, And The Night Of The Broken Glass, Stephen P. Halbrook
St. Thomas Law Review
The following begins with a detailed analysis of the arrest reports of Alfred Flatow and two other Berlin Jews who possessed registered firearms or whose firearms were discovered in house searches by the police. It then shows these arrests to have been part of an orchestrated Nazi police campaign to disarm all Berlin Jews, including those whose firearms were lawfully possessed. Having rendered Jews defenseless, the stage was set for a major pogrom. When an incident, which took place abroad, gave the Nazis the excuse they needed for a rampage throughout all of Germany, the Night of the Broken Glass--characterized …
Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto
Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto
St. Thomas Law Review
Pat X., a Florida resident, is a good father who loves, provides for, and takes care of his child. So, he is stunned one day when his child is removed from him and a petition for termination of his parental rights is filed. The petition alleges that Pat, who has never had any problems with the law, was convicted of first degree murder and sentenced to life imprisonment. It seeks termination on the basis that Pat will be incarcerated for a substantial portion of his child's remaining minority.' Pat's lawyer investigates the matter. The lawyer speaks with the prosecutor who …
Untruthful Jurors In The Federal Courts: Have We Become Comfortably Numb, Joshua S. Press
Untruthful Jurors In The Federal Courts: Have We Become Comfortably Numb, Joshua S. Press
St. Thomas Law Review
Everyone who believes in the jury system agrees that jurors should be impartial. However, voir dire as it is currently practiced in the federal courts has many systematic defects that do not always guarantee jurors' impartiality. For instance, when a juror lies during voir dire--even about a matter in their past that is remarkably similar to the case or issues at bar the current federal standard only focuses on the subjective purposefulness of that juror's dishonesty. The flaw in this approach is that it misses the point of due process: impartial, but not necessarily unintentionally dishonest, decision-makers. This Article deals …
Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo
Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo
St. Thomas Law Review
For over six centuries, bitch has been used as a term of contempt toward women. Originally, bitch referenced a sensual or promiscuous woman, and later evolved to include a woman considered angry, spiteful, or malicious. Today, the term includes a woman deemed aggressive, competitive, or domineering. Despite its definitional nuances, bitch remains an unequivocal expression of hostility used to denounce, harass, and insult women who, by acting outside of their prescribed gender roles, threaten the established paradigm of power as an inherently male characteristic. Part I of this article examines the animus behind the bitch epithets levied against women in …
Front Matter
St. Thomas Law Review
Front Matter includes the Table of Contents and Letter from the Editor for St. Thomas Law Review Volume 21, Issue 3, Spring 2009.
Congressional Responsibility In Controlling The War Machine, Jeffrey A. Botelho
Congressional Responsibility In Controlling The War Machine, Jeffrey A. Botelho
St. Thomas Law Review
Part I reviews the constitutional enumeration of congressional and executive war powers and their historical use from the days of the Framers to the current U.S.-Iraq conflict, and goes on to evaluate the constitutionality of the President's initiation of this war. Part II discusses the judicially-created idea of inherent presidential power and its constitutionality, and examines more recent cases that addressed the abilities of Congress to restrict and limit power. The section concludes by addressing the judiciary's (rarely-utilized) role in mediating disputes between the President and Congress. Part III addresses the lack of accountability of our Congress in the fall …
Playoff Or Bust: The Bowl Championship Series Debate Hits Congress (Again), Leslie Bauknight Nixon
Playoff Or Bust: The Bowl Championship Series Debate Hits Congress (Again), Leslie Bauknight Nixon
St. Thomas Law Review
This paper will review the proposed legislation that seeks to revise the current Bowl Championship Series (BCS) format. It will discuss the strengths and weaknesses inherent in each legislation. Special attention will be given to the feasibility of implementing the requirements of each legislation and the effect it will have on the NCAA Division I FBS member schools.
Death Is Different: The Need For Jury Unanimity In Death Penalty Cases, Raoul G. Cantero, Robert M. Kline
Death Is Different: The Need For Jury Unanimity In Death Penalty Cases, Raoul G. Cantero, Robert M. Kline
St. Thomas Law Review
Florida requires jury unanimity in virtually all criminal trials. The only exception is death. In this sense, the maxim that "death is different" takes on ironic tones. In Florida, once the defendant is found guilty of a capital crime, the jury, after considering the aggravating and mitigating factors, recommends the sentence to the judge. The judge, however, ultimately imposes the sentence. Florida stands alone among thirty-five states in allowing a simple majority of the jury both to decide whether the prosecution proved an aggravating circumstance and to recommend a sentence of death. Both legal and policy grounds suggest that more …
Blakely, Apprendi, Booker, Begay, And Santos: Judicial Minimalism And The U.S. Supreme Court's Ill-Conceived Attempts At A Rational Jurisprudence, E.J. Yera
St. Thomas Law Review
The approach the Court has taken in the cases discussed herein has regrettably resulted in a waste of judicial, prosecutorial and defense resources at a time when the United States has more individuals in prison than any other industrialized nation in the world. More importantly, these decisions have left the law in a state of deliberate confusion and have harmed the individual defendants, many of whom are minorities whose rights are already fragile. The Court's unfinished decisions have also created a state of uncertainty that has been equally damaging to the victims of crime and to the integrity of the …
Big Bill Haywood's Revenge: The Original Intent Of The Exclusionary Rule, Milton Hirsch
Big Bill Haywood's Revenge: The Original Intent Of The Exclusionary Rule, Milton Hirsch
St. Thomas Law Review
We have been given fair warning. In two recent cases, Hudson v. Michigan and Herring v. United States, the Supreme Court made clear its desire to phase out the Fourth Amendment exclusionary rule - that century-old ornament of constitutional jurisprudence pursuant to which evidence obtained in violation of a defendant's right to be free from unreasonable search and seizure will not be received in court. Justice Scalia, writing for a bare majority in Hudson, argued that the utility, if any, of the exclusionary rule has run its course; and that the rule itself is better supplanted by alternative means of …
Front Matter
St. Thomas Law Review
Front Matter includes the Table of Contents for St. Thomas Law Review Volume 22, Issue 1, Fall 2009.
The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer
The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer
St. Thomas Law Review
This article focuses on the impact of public defender' ("PD") excessive caseload ("EC") and related indigent defense issues on the values of professionalism, stewardship, and patriotism. It can be regarded as a sequel to my previous article, "Independent, Professional Judgment: The Essence of Freedom," which dealt with the same fundamental values, but a wider range of topics. The article is intended as a reference, including recent material, in a somewhat different context from previous studies. In my experience, for the last 40 years, the normal functions of our state and local criminal justice systems ("CJS"), especially indigent defense and the …
Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter
Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter
St. Thomas Law Review
The purpose of this article is to express the reasons why copyright statutes should be overhauled to provide explicit rights reserved to the public, as opposed to the present structure of copyright law, which provides rights to a copyright owner, subject to the many exceptions that have sprung up over the past few years. Some of these exceptions, which seem to have engulfed the basic premise of copyright theory, are the broadly framed but vague protections offered by the fair use doctrine. These rights include the right of a lawful owner of a copy to sell or otherwise dispose of …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Northwestern Journal of Law & Social Policy
As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …
A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo
A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo
Faculty Scholarship
This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …
Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke
Challenges And Opportunities For New Lawyers, David Nersessian, Maureen A. O'Rourke
Faculty Scholarship
These are challenging times to be a lawyer. They may even be transformational times. Recent upheavals in financial, industrial and real estate markets have many lawyers (and clients) not only cutting back, but also fundamentally re-thinking their business models and the ways in which legal services are provided. Until very recently, hardly a day passed without news of law firm layoffs, deferred start dates, or canceled summer programs. In-house lawyers face substantial budget cuts at the very time their departments must navigate a broader range of legal and organizational challenges. And many government and public interest employers are dealing with …
In The Back Alleys Of Health Care: Abortion, Equality And Community In Canada, Joanna Erdman
In The Back Alleys Of Health Care: Abortion, Equality And Community In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
The decriminalization of abortion in Canada ensured neither its availability nor accessibility as an integrated and publicly funded health service. While Canadian women are increasingly referred to or seek abortion services from single-purpose clinics, their exclusion from public health insurance often render these services inaccessible. This article considers denied funding for clinic abortion services from the perspective of the Canadian constitutional guarantee of sex equality. The article focuses on the 2004 Court of Queen's Bench's judgment in Jane Doe I v. Manitoba, which framed denied public funding for clinic abortion services as a violation of women's equality rights under the …
Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone
Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone
Faculty Publications
No abstract provided.
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
Law and Contemporary Problems
Citations, in their highly conventionalized forms, visibly indicate each texts explicit use of the prior literature that embodies the knowledge and contentions of its field. This relation to prior texts has been called intertextuality in literary and literacy studies. Here, Bazerman discusses the citation practices and intertextuality in science and the law in theoretical and historical perspective, and considers the intersection of science and law by identifying the judicial rules that limit and shape the role of scientific literature in court proceedings. He emphasizes that from the historical and theoretical analysis, it is clear that, in the US, judicial reasoning …