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Articles 1 - 30 of 43
Full-Text Articles in Law
Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino
Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino
University of Massachusetts Law Review
The Iqbal standard requires all civil actions filed in federal courts to provide detailed proof at the pleading stage for the claim to proceed. Under this standard, cases are adjudicated without the aid of discovery or deposition of witnesses. Cases are decided at the pleading stage based on the documents and statements provided by the one accused of fraud. The tools to uncover deception are not available at this stage. This article argues that the Iqbal pleading standard fails to allow civil courts to adequately detect and adjudicate fraud claims. This article explores fraudulent financial schemes, the Iqbal standard, the …
Problems Of Using E-Learning In Teaching Social Studies From The Teacher's Views In Kirkuk-City Center, Khaleel Ibrahim Hussein
Problems Of Using E-Learning In Teaching Social Studies From The Teacher's Views In Kirkuk-City Center, Khaleel Ibrahim Hussein
Journal of STEPS for Humanities and Social Sciences
The study is aimed to identify the most important problems of using E-learning in teaching social studies from the teachers’ point of view in the city centre of Kirkuk. The writer has used the descriptive research method that fits with the current research. The inquiry form is used as a tool for the research, and it consists of (36) paragraphs distributed over three axes, the first axis consists of(10)paragraphs, the second axis consists of (17)paragraphs, and the third one consists of (9)paragraphs. The sample of the current study consisted of teachers of social studies in Kirkuk's city centre schools for …
The Powerpoint Channel, Lynn M. Lopucki
The Powerpoint Channel, Lynn M. Lopucki
University of Massachusetts Law Review
This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have shown that combination to substantially enhance learning. The style is based on an extensive literature regarding the use of PowerPoint in teaching law and other higher education subjects as well as the author’s experimentation with PowerPoint over two decades. The Article states fourteen principles for slide or slide sequence design, provides the arguments from the literature for and against …
Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalamsistem Hukum Indonesia, Ade Mahmud
Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalamsistem Hukum Indonesia, Ade Mahmud
Jurnal Hukum & Pembangunan
The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic …
Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman
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.
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
"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
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.
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
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
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
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
A Set Of Problems To Teach Permissible Remedial Combinations, Jeffrey E. Lewis
Saint Louis University Law Journal
No abstract provided.
The Underrespresentation Of Hispanic Women In The Science, Technology, Engineering, And Mathematics Fields: What Can Be Done To Curie The Problem., Elky Almaraz
The Scholar: St. Mary's Law Review on Race and Social Justice
Hispanic women comprise approximately eight percent of the United States’ population and represent the largest group of minority women. However, Hispanic women only make up approximately two percent of the science and engineering workforce. In contrast, Caucasian women form approximately one-third of the United States’ population and eighteen percent of the science, technology, engineering, or mathematics (STEM) workforce. Hispanic women begin a post-secondary education in STEM fields with a proportional interest to other gender or racial groups. However, they are far less likely to continue the coursework and ultimately earn a degree than their non-minority classmates. Schools and education officials …
Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal
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
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 roles of each in …
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner
University of Baltimore Journal of Land and Development
No abstract provided.
“But Some Of [Them] Are Brave”: Identity Performance, The Military, And The Dangers Of An Integration Success Story, Mario L. Barnes
“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
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 line of male aviators, one on each side of …
Medicare: What Are The Real Problems? What Contribution Can Law Make To Real Solutions?, Timothy Stoltzfus Jost
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.
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
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.
Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez
Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez
Saint Louis University Law Journal
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.
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 entering the system …
Applying Restorative Justice To Ongoing Intimate Violence: Problems And Possibilities, C. Quince Hopkins, Mary P. Koss, Karen J. Bachar
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.
The Problems Of Permitting Expanded Judicial Review Of Arbitration Awards Under The Federal Arbitration Act, Kevin A. Sullivan
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
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
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
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
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.
Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky
Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky
Nova Law Review
In our society, damages are often caused by the activities of multiple actors.
The War On Drugs: Predicting The Status Quo, John Kaplan
The War On Drugs: Predicting The Status Quo, John Kaplan
Nova Law Review
I regard the chances of a major breakthrough which will dramatically change the amount of drug use and abuse among the citizenry or the problems caused by it at the governmental level, as somewhat between small and non-existent.