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Full-Text Articles in Law

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman Feb 2019

Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman

Seattle University Law Review

This Berle X Symposium essay gives prominence to distinguished corporate law scholar Adolf A. Berle, Jr. and his key writings of the 1950s and 1960s. Berle is most famous for his work decades earlier, in the 1930s, with Gardiner Means on the topic of the separation of ownership and control, and for his great debate of corporate social responsibility with E. Merrick Dodd. Yet the world was inching closer to our contemporary one in terms of both business and technology in Berle’s later years and his work from this period deserves attention.


Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson Jan 2018

Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson

Articles & Chapters

The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.


"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch Jun 2016

"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch

University of Arkansas at Little Rock Law Review

No abstract provided.


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, Hong Yun Tian, Jia Yi Geng Jun 2015

The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, Hong Yun Tian, Jia Yi Geng

Jiayi Geng

Abstract Today as communications between countries are becoming more and more frequently, no one can be an outsider but have to start dealing with civil and commercial cases with foreign elements and there is no exception ofChina, an emerging economic superpower. The doctrine of the most significant relationship, one of the two cornerstones of the modern private international law, has been playing an important role in resolving disputes took place in China, especially after the promulgation of the Law of the People’s Republic of China on Application of Laws in Foreign-related Civil Relations(Law) and the Interpretation of the ...


Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad Mar 2014

Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad

University of Massachusetts Law Review

Educators from around the globe are rapidly utilizing and transforming virtual worlds, such as Second Life, with innovative teaching strategies. Mediation and dispute resolution, and associated communication and problem-solving skills, are particularly well suited for developing in virtual worlds, as are other lawyering skills such as, interviewing, counseling, and trial advocacy. The opportunities for students and faculty to engage in cross-cultural exchange and networking are another selling feature of virtual world engagement. Virtual worlds offer particular promise for those seeking innovative and cost-effective ways to integrate more professional training and skills development into the law school curriculum. Moreover, as more ...


The Problems Of Probable Cause: Meneese And The Myth Of Eroding Fourth Amendment Rights For Students, Benjamin C. Tiller Jan 2014

The Problems Of Probable Cause: Meneese And The Myth Of Eroding Fourth Amendment Rights For Students, Benjamin C. Tiller

Saint Louis University Law Journal

No abstract provided.


Medicare Price Problems And The Ruc: Wagging The Dog, David W. Fuchs Jan 2013

Medicare Price Problems And The Ruc: Wagging The Dog, David W. Fuchs

Saint Louis University Journal of Health Law & Policy

No abstract provided.


A Set Of Problems To Teach Permissible Remedial Combinations, Jeffrey E. Lewis Jan 2013

A Set Of Problems To Teach Permissible Remedial Combinations, Jeffrey E. Lewis

Saint Louis University Law Journal

No abstract provided.


Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael Dec 2012

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do ...


Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal Aug 2012

Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal

Marquette Elder's Advisor

This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.


Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern Jan 2012

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

University of Baltimore Journal of International Law

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the ...


Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner Jan 2012

Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner

University of Baltimore Journal of Land and Development

No abstract provided.


Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett May 2011

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides


Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly Jan 2008

Management Plans And State Of Environment Reports Prepared And Implemented By Local Councils In Nsw: Problems And Potential For Biodiversity Conservation, Andrew H. Kelly

Faculty of Law - Papers (Archive)

The Local Government Act 1993 (NSW) demands every local council in NSW to prepare, inter alia, a ‘management plan’ and a ‘state of the environment report’. This paper critically examines both mechanisms and the relationship between them. Discussion is underpinned by the context of biodiversity conservation at the local level. Whilst good intentions lie behind the legislative requirements, their environmental benefits are questionable. They are often recognised as little more than bothersome bureaucratic hurdles. Although overdue legislative and policy change is forthcoming, concern is raised about loss of focus on the conserving biodiversity.


“But Some Of [Them] Are Brave”: Identity Performance, The Military, And The Dangers Of An Integration Success Story, Mario L. Barnes May 2007

“But Some Of [Them] Are Brave”: Identity Performance, The Military, And The Dangers Of An Integration Success Story, Mario L. Barnes

Duke Journal of Gender Law & Policy

By dislodging the story and acknowledging the effects of unconscious bias, the Armed Forces will be better able to address the ways in which some use identity-race in particular-as a tool to stigmatize, dishonor, and disfavor group members based on their perceived characteristics.11 As it currently stands, the operation of unconscious biases interacts with Armed Forces' institutional policy choices-such as a commitment to formal equality achieved through race- and gender-neutral regulations-and organizational social norms to negatively shape the work "performance"12 of women and minority service members.


Military Sex Scandals From Tailhook To The Present: The Cure Can Be Worse Than The Disease, Kingsley R. Browne May 2007

Military Sex Scandals From Tailhook To The Present: The Cure Can Be Worse Than The Disease, Kingsley R. Browne

Duke Journal of Gender Law & Policy

On Friday and Saturday of the convention, "hospitality suites" hosted by various flight squadrons were the scene of what can accurately be described as debauchery.6 The activities included performances by female strippers, sexual interaction with these strippers,7 drinking "belly/navel shots,"8 which entails men drinking alcohol out of women's navels, "butt biting"9 and leg shaving,10 which are what they sound like, and "ball walking," which consisted of fully clothed male officers walking around with their genitals exposed.11 The activities spread into the third-floor hall linking the suites. A "gauntlet" (or "gantlet")-a double ...


Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost Jan 2007

Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Insanity Defense: History And Problems, James F. Hooper, M.D. Jan 2006

The Insanity Defense: History And Problems, James F. Hooper, M.D.

Saint Louis University Public Law Review

No abstract provided.


Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch Jan 2006

Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch

Saint Louis University Public Law Review

No abstract provided.


The Ohio Bureau Of Workers' Compensation: An Analysis Of The Status Quo And A Proposal For Improvement (A Medical Perspective), William H. Seitz Jr. Jan 2006

The Ohio Bureau Of Workers' Compensation: An Analysis Of The Status Quo And A Proposal For Improvement (A Medical Perspective), William H. Seitz Jr.

Journal of Law and Health

A worker's compensation claim is frequently a nightmare for the patient (injured worker), the employer (insurance payor), and the physician (health care provider). Because of the wastefulness inherent in the system, the overall cost of providing workers' compensation care in the State of Ohio has increased dramatically and as a result has seen significant reductions in hospital reimbursement levels and patient benefits, such as prescription drug availability. This article provides two clinical examples to highlight the problems with the worker's compensation system in Ohio. The first case example demonstrates what happens when the patient's initial diagnosis upon ...


Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez Jan 2006

Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez

Saint Louis University Law Journal

No abstract provided.


Applying Restorative Justice To Ongoing Intimate Violence: Problems And Possibilities, C. Quince Hopkins, Mary P. Koss, Karen J. Bachar Jan 2004

Applying Restorative Justice To Ongoing Intimate Violence: Problems And Possibilities, C. Quince Hopkins, Mary P. Koss, Karen J. Bachar

Saint Louis University Public Law Review

No abstract provided.


Book Review, David S. Tanenhaus Jan 2003

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal ...


The Problems Of Permitting Expanded Judicial Review Of Arbitration Awards Under The Federal Arbitration Act, Kevin A. Sullivan Apr 2002

The Problems Of Permitting Expanded Judicial Review Of Arbitration Awards Under The Federal Arbitration Act, Kevin A. Sullivan

Saint Louis University Law Journal

No abstract provided.


City Of Indianapolis V. Edmond: An Unprecedented Use Of “Primary” Purpose Leaves Wide Open The Door For “Secondary” Problems, Leslie P. Butler Feb 2002

City Of Indianapolis V. Edmond: An Unprecedented Use Of “Primary” Purpose Leaves Wide Open The Door For “Secondary” Problems, Leslie P. Butler

Saint Louis University Law Journal

No abstract provided.


Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.


Lawyering For The Middle Class: Foreword, Nancy J. Moore Jan 2001

Lawyering For The Middle Class: Foreword, Nancy J. Moore

Fordham Law Review

No abstract provided.


Cadaveric Organ Donation And Consent: A Comparative Analysis Of The United States, Japan, Singapore, And China, Sean R. Fitzgibbons Jan 1999

Cadaveric Organ Donation And Consent: A Comparative Analysis Of The United States, Japan, Singapore, And China, Sean R. Fitzgibbons

ILSA Journal of International & Comparative Law

Due to the remarkable advances in medical science, the overall success in organ transplantation has led to one major problem - a shortage of human organs for transplantation.