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Articles 721 - 750 of 1943
Full-Text Articles in Law
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Marquette Elder's Advisor
Over the past ten years, many states have revised their guardianship laws to address such problems as due process inadequacies, ineffective monitoring of guardians, and reliance on medical conclusions to determine legal findings. Brusky discusses the changes in guardianship law and legislative changes accommodating durable powers of attorney, living wills, and other medical declarations that provide an alternative to traditional guardianships.
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
Marquette Elder's Advisor
Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil
Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil
Marquette Elder's Advisor
This article looks at recent legislation that has addressed access to adult wards.
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Marquette Elder's Advisor
The Supreme Court case Troxel v. Granville assured the states the definitive say in grandparents' visitation rights. It also endorsed the traditional right of the parent or parents to decide who their children visit. What paths will the state courts take? This article reviews state statues and decisions for the winning arguments that might influence courts in the future.
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Marquette Elder's Advisor
Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Marquette Elder's Advisor
This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
Legislation and Policy Brief
Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …
The President And The Autopen: It Is Unconstitutional For Someone Or Something To Sign A Bill Outside Of The President's Presence, Terry L. Turnipseed
The President And The Autopen: It Is Unconstitutional For Someone Or Something To Sign A Bill Outside Of The President's Presence, Terry L. Turnipseed
College of Law - Faculty Scholarship
On May 26, 2011, only hours before three provisions of the Foreign Intelligence Surveillance Act were scheduled to expire, Congress passed an extension. For days, the White House had someone ready to fly to Europe with the legislation in hand for the President to sign, but Congress had been tardy. It seemed quite important to the White House that none of these provisions lapse for any length of time, even the relatively short time it would take to fly from Washington to France. With this urgency as a backdrop, the President was awakened at 5:45 a.m. Central European Time so …
Student Cyber-Speech After Kowlaski V. Berkeley County Schools, Margaret A. Hazel
Student Cyber-Speech After Kowlaski V. Berkeley County Schools, Margaret A. Hazel
South Carolina Law Review
No abstract provided.
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
Journal of Dispute Resolution
While on the surface it seems like any legislation helping Americans keep their homes is a good idea, some critics question the effectiveness of these laws. They cite evidence (to be discussed below) showing foreclosure rates do not improve in states with foreclosure mediation laws. Others argue that while it may only be a short-term fix towards the larger problems that ail our economy, foreclosure mediation has shown to be a positive measure that helps many Americans, especially when the law is properly written. This paper will analyze the recent foreclosure mediation laws, and will explore the effectiveness of this …
Health Care Exchanges: How The Government Can Use Market Forces To Fix The Health Care System, Bracken H. Longhurst
Health Care Exchanges: How The Government Can Use Market Forces To Fix The Health Care System, Bracken H. Longhurst
Nevada Law Journal
No abstract provided.
Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer
Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer
Journal of Food Law & Policy
Among the most important functions we have afforded to the U.S. Congress is the power to reshape social and economic incentive structures through legislation. Proceeding from the enumerated powers under the Constitution and using a complex toolbox of legislative and regulatory innovations, the federal legislature has enormous power to transform the types of behavior that people will perceive as self-interested throughout our economy and thus how those same people are likely to act. Congress can, among other things, create new forms of criminal and civil liability, establish entitlement systems, subsidize industries, encourage behavior through the tax code, regulate interactions among …
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Pepperdine Law Review
No abstract provided.
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern
Pepperdine Law Review
No abstract provided.
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Pepperdine Dispute Resolution Law Journal
As more employers include mandatory arbitration provisions in their employment contracts, policy-makers are becoming concerned that employees are being forced to trade their civil and statutory rights for their jobs. The California Legislature is considering legislation designed to combat this tendency and to provide legal protection for employees who might otherwise be forced to waive the right for redress of grievances, legal protections against discrimination, and other rights. Although the legislation was designed to protect the constitutional rights of employees, there are legal considerations and policy concerns that challenge the viability of this type of legislation. The primary question is …
Why The States Should Enact The Revised Uniform Arbitration Act, Francis J. Pavetti
Why The States Should Enact The Revised Uniform Arbitration Act, Francis J. Pavetti
Pepperdine Dispute Resolution Law Journal
This article responds to concerns raised regarding the Revised Uniform Arbitration Act (RUAA), noting that such concerns appear to be based on misplaced assumptions and misconceptions.
The 2000 Revision To The Uniform Arbitration Act: A Harbinger?, Timothy J. Heinsz
The 2000 Revision To The Uniform Arbitration Act: A Harbinger?, Timothy J. Heinsz
Pepperdine Dispute Resolution Law Journal
On August 3, 2000, the National Conference of Commissioners on Uniform State Laws (NCCUSL) unanimously passed major revisions to the Uniform Arbitration Act (UAA). These revisions are the first substantive changes in 55 years to the UAA, which in some form is the basis of arbitration law in 49 jurisdictions. The federal counterpart to the UAA, the Federal Arbitration Act (FAA), has not been amended in any substantial fashion for nearly 75 years. Between Congress's passage of the FAA in 1925 and NCCUSL's approval of the UAA in 1955 and the NCCUSL's approval of the Revised Uniform Arbitration Act (RUAA) …
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
Dalhousie Law Journal
With a renewed global interest in achieving a more sustainable society, the authors reflect on the history of institutionalizing sustainable development in their province, Manitoba, and consider its future. This paper outlines that province's approaches to developing and advancing sustainable development and discusses the success of these approaches in shaping, guiding, and furthering sustainable development in the province. This is achieved through examination of legislation and review of sustainable development documents as well as interviews with various participants in the process including members of the Manitoba Round Table for Environment and Economy and members of the more recent Manitoba Round …
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
Law Student Publications
In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews “My Daddy’s Name is Donor” and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.
Rulemaking As Politics, Thirty Years On, Michael Herz
The September 11th Victim Compensation Fund: The Answer To Victim Relief?, Joe Ward
The September 11th Victim Compensation Fund: The Answer To Victim Relief?, Joe Ward
Pepperdine Dispute Resolution Law Journal
The events of September 11, 2001 shook America to its core. The world was forever changed as the horrific tragedy unfolded on live television. Families were destroyed as loved ones were severely injured or killed, leaving spouses and children in need of aid. In response, the United States government established the September 11th Victims' Compensation Fund in an effort to provide the necessary reparations to victims of the terrorist attacks. This article will analyze the September 11th Victims' Compensation Fund (hereafter "Fund") as a way of compensating victims while preserving the financial stability of the United States economy. This Fund …
Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori
Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Patent Reform And Best Mode: A Signal To The Patent Office Or A Step Toward Elimination?, Ryan G. Vacca
Patent Reform And Best Mode: A Signal To The Patent Office Or A Step Toward Elimination?, Ryan G. Vacca
Akron Law Faculty Publications
On September 16, 2011, President Obama signed the America Invents Act (AIA), the first major overhaul of the patent system in nearly sixty years. This article analyzes the recent change to patent law's best mode requirement under the AIA. Before the AIA, patent applicants were required, at the time of submitting their application, to disclose the best mode of carrying out the invention as contemplated by the inventor. A failure to disclose the best mode was a basis for a finding of invalidity of the relevant claims or could render the entire patent unenforceable under the doctrine of inequitable conduct. …
Law Of The River Apportionment Scheme: Short Summary Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Law Of The River Apportionment Scheme: Short Summary Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
8 p. ; 29 cm
Law Of The River Apportionment Scheme: Categorization Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Law Of The River Apportionment Scheme: Categorization Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
29 p. ; 29 cm
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Scholarly Works
In 2011, the Tennessee General Assembly – the first majority Republican legislature in the state since Reconstruction – passed two bills purporting to legislatively overrule recent decisions of the Tennessee Supreme Court that the legislature deemed unfriendly to business interests. This article examines the legislative history of one of those bills. Public Chapter No. 498, codified as Tennessee Code Annotated section 20-16-101, attempts to change the summary judgment standard adopted by the Tennessee Supreme Court in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). In Hannan, the Supreme Court explicitly rejected the federal Celotex standard for burden-shifting on …
Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele
Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele
American University International Law Review
No abstract provided.
Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen
Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen
American University International Law Review
No abstract provided.
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer
All Faculty Scholarship
In the simplest case: Congress declares war, and does not intrude on the President's solo decision about when the troops come home. However, in our time, long wars, such as in Afghanistan and Iraq, occur with great tension between the two elected branches of government over the pace of a drawdown. Sometimes it may be a hawkish Congress that disagrees with a President reluctant to continue the war at full troop levels. To find a joint way to draw down the American troops in the war zone, they may seek congressional mechanisms to resolve their differences with interactive processes. Then, …