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Full-Text Articles in Law

The Adam Walsh Act's Sex Offender Registration And Notification Requirements And The Commerce Clause: A Defense Of Congress's Power To Check The Interstate Movement Of Unregistered Sex Offenders, Matthew S. Miner Jan 2011

The Adam Walsh Act's Sex Offender Registration And Notification Requirements And The Commerce Clause: A Defense Of Congress's Power To Check The Interstate Movement Of Unregistered Sex Offenders, Matthew S. Miner

Villanova Law Review

The article discusses the Adam Walsh Act specifically the debate on the constitutionality of the Sex Offender Registration and Notification Act (SORNA) under the Commerce Clause. SORNA aims to set up a unified registry system to monitor sex abusers' movements across states facilitating crime prevention and resolution. It cites U.S. Supreme Court rulings that have established the authority of Congress to regulate interstate travel and illegal activities even if the threat is local in nature.


Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis Jan 2011

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review

The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.


Whoops - The Imminent Reconciliation Of U.S. Securities Laws With International Comity After Morrison V. National Australia Bank And The Drafting Error In The Dodd-Frank Act, Andrew Rocks Jan 2011

Whoops - The Imminent Reconciliation Of U.S. Securities Laws With International Comity After Morrison V. National Australia Bank And The Drafting Error In The Dodd-Frank Act, Andrew Rocks

Villanova Law Review

The article contends that the Dodd-Frank Act and the case, Morrison v. National Australia Bank, restrict the extraterritorial reach of U.S. fraud laws to private rights of action involving domestic transactions of U.S. securities. The author notes that the U.S. legal jurisdiction is governed by the policy of minimal interference and respect for sovereignties and by the principle of comity. He states that this position will help establish a cooperative regulatory effort across global markets.


Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug Jan 2010

Moving Beyond The Clamor For Hedge Fund Regulation: A Reconsideration Of Client Under The Investment Advisers Act Of 1940, Anita K. Krug

Villanova Law Review

The article argues that a better approach for hedge fund regulation in the U.S. would be for law to regard private fund investors as clients of the managers of those funds. It discusses the regulatory regime governing investment advisers. The Investment Advisers Act of 1940 is tasked to regulate investment advisers and to require some investment advisers to be registered with the Securities and Exchange Commission (SEC).


One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend Jan 2010

One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend

Villanova Law Review

No abstract provided.


La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone Jan 2010

La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte Jan 2009

May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte

Villanova Law Review

No abstract provided.


Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern Jan 2008

Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern

Villanova Environmental Law Journal

No abstract provided.


Opening The Floodgates: The Roberts Court's Decision In Rapanos V. United States Spells Trouble For The Future Of The Waters Of The United States, Bill Currie Jan 2007

Opening The Floodgates: The Roberts Court's Decision In Rapanos V. United States Spells Trouble For The Future Of The Waters Of The United States, Bill Currie

Villanova Environmental Law Journal

No abstract provided.


Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh Jan 2007

Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh

Villanova Environmental Law Journal

No abstract provided.


Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia Jan 2007

Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia

Villanova Environmental Law Journal

No abstract provided.


Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue Jan 2006

Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue

Villanova Environmental Law Journal

No abstract provided.


National Cable & Telecommunications Ass'n V. Brand X Internet Services: A War Of Words, The Effect Of Classifying Cable Modem Service As An Information Service, David P. Manni Jan 2006

National Cable & Telecommunications Ass'n V. Brand X Internet Services: A War Of Words, The Effect Of Classifying Cable Modem Service As An Information Service, David P. Manni

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce Jan 2006

The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce

Villanova Law Review

No abstract provided.


Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior Jan 2006

Safe Air For Everyone V. Meyer: Weeding Through The Resource Conservation And Recovery Act's Definition Of Solid Waste, Katherine E. Senior

Villanova Environmental Law Journal

No abstract provided.


Defenders Of Wildlife V. Epa: Reconciling The Endangered Species Act And Clean Water Act Or Further Confusing The Statutory Overlap?, Mary Beth Hubner Jan 2006

Defenders Of Wildlife V. Epa: Reconciling The Endangered Species Act And Clean Water Act Or Further Confusing The Statutory Overlap?, Mary Beth Hubner

Villanova Environmental Law Journal

No abstract provided.


Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane Jan 2005

Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane

Villanova Environmental Law Journal

No abstract provided.


Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott Jan 2005

Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott

Villanova Environmental Law Journal

No abstract provided.


Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod Jan 2004

Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod

Villanova Environmental Law Journal

No abstract provided.


Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney Jan 2003

Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney

Villanova Law Review

No abstract provided.


Accounting Firm Or Guarantor - The Third Circuit's Answer To Rule 10b-5'S Scienter Requirement In Accountant Liability Cases, Julie A. Boncarosky Jan 2003

Accounting Firm Or Guarantor - The Third Circuit's Answer To Rule 10b-5'S Scienter Requirement In Accountant Liability Cases, Julie A. Boncarosky

Villanova Law Review

No abstract provided.


Problems Ascertaining The Bare Meaning Of Statutes Regulating Adult Entertainment: The Eleventh Circuit Falls Back On The Secondary Effects Doctrine In Ranch House, Inc. V. Amerson, Thomas Schrack Jan 2002

Problems Ascertaining The Bare Meaning Of Statutes Regulating Adult Entertainment: The Eleventh Circuit Falls Back On The Secondary Effects Doctrine In Ranch House, Inc. V. Amerson, Thomas Schrack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri Jan 2002

Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri

Villanova Environmental Law Journal

No abstract provided.


Environmental Protection Information Center V. The Simpson Timber Company: Who Is The Ninth Circuit Really Protecting With Section 10 Of The Endangered Species Act, Dina Cortese Jan 2002

Environmental Protection Information Center V. The Simpson Timber Company: Who Is The Ninth Circuit Really Protecting With Section 10 Of The Endangered Species Act, Dina Cortese

Villanova Environmental Law Journal

No abstract provided.


Semerenko V. Cendant Corp.: The Third Circuit Clarifies The Securities Exchange Commission's Rule 10b-5 In The Context Of Public Misrepresentations, Anna Mae Maloney Jan 2002

Semerenko V. Cendant Corp.: The Third Circuit Clarifies The Securities Exchange Commission's Rule 10b-5 In The Context Of Public Misrepresentations, Anna Mae Maloney

Villanova Law Review

No abstract provided.


The District Of Columbia Circuit's New Found Vigilance Over Costly Regulations Affecting The Petroleum Industry: United States Environmental Protection Agency V. The American Petroleum Institute, Stuart O'Neal Jan 2001

The District Of Columbia Circuit's New Found Vigilance Over Costly Regulations Affecting The Petroleum Industry: United States Environmental Protection Agency V. The American Petroleum Institute, Stuart O'Neal

Villanova Environmental Law Journal

No abstract provided.


Potential Responsibility Under Cercla: Canadyne-Georgia Corp. V. Nationsbank, N.A. (South) - An Illustration Of Why We Need A Common Federal Rule Defining Owned And Operated, Timothy Holly Jan 2001

Potential Responsibility Under Cercla: Canadyne-Georgia Corp. V. Nationsbank, N.A. (South) - An Illustration Of Why We Need A Common Federal Rule Defining Owned And Operated, Timothy Holly

Villanova Environmental Law Journal

No abstract provided.


Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas Jan 2001

Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas

Villanova Environmental Law Journal

No abstract provided.


The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell Jan 2000

The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell

Villanova Law Review

No abstract provided.


No More Clowning Around: Ringling Bros.-Barnum & (And) Bailey Combined Shows, Inc. V. Utah Division Of Travel Development Evaluates The Federal Trademark Dilution Act, Christina M. Bidlingmaier Jan 2000

No More Clowning Around: Ringling Bros.-Barnum & (And) Bailey Combined Shows, Inc. V. Utah Division Of Travel Development Evaluates The Federal Trademark Dilution Act, Christina M. Bidlingmaier

Jeffrey S. Moorad Sports Law Journal

No abstract provided.