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Articles 1 - 30 of 37
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
Villanova Law Review (1956 - )
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
Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis
Villanova Law Review (1956 - )
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
Villanova Law Review (1956 - )
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
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 (1956 - )
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
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 (1956 - )
No abstract provided.
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
Jeffrey S. Moorad Sports Law Journal (1994 - )
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
Villanova Law Review (1956 - )
No abstract provided.
Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern
Friends Of The Earth, Inc. V. Epa: The Daily Plunge Into Troubled Waters, Rachel L. Stern
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Villanova Environmental Law Journal (1991 - )
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
Villanova Environmental Law Journal (1991 - )
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
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 (1991 - )
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
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 (1991 - )
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
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 (1991 - )
No abstract provided.
Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue
Hammond V. Norton: Taking Action To Preserve The No Action Alternative, James Mctigue
Villanova Environmental Law Journal (1991 - )
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
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
The Elusive Protected Class - Who Is Worthy Under The Americans With Disabilities Act, Elizabeth Fordyce
Villanova Law Review (1956 - )
No abstract provided.
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod
Wetlands Regulatory Morass: The Missing Tulloch Rule, Anjali Kharod
Villanova Environmental Law Journal (1991 - )
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
Villanova Law Review (1956 - )
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
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 (1956 - )
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
Villanova Environmental Law Journal (1991 - )
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
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 (1991 - )
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
Jeffrey S. Moorad Sports Law Journal (1994 - )
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
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 (1956 - )
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
Villanova Environmental Law Journal (1991 - )
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
Villanova Environmental Law Journal (1991 - )
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
Villanova Environmental Law Journal (1991 - )
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
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 (1994 - )
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
Villanova Law Review (1956 - )
No abstract provided.