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Articles 192931 - 192960 of 546107

Full-Text Articles in Law

The American Dream Deferred: Family Separation And Immigrant Visa Adjudications At U.S. Consulates Abroad, Cain W. Oulahan Jul 2011

The American Dream Deferred: Family Separation And Immigrant Visa Adjudications At U.S. Consulates Abroad, Cain W. Oulahan

Marquette Law Review

In the mid 1990’s, Congress passed a series of punitive immigration laws designed to ramp up enforcement and deter illegal immigration. Among these measures are provisions know as unlawful presence bars, which prohibit immigrant visa applicants who have been unlawfully present in the United States for certain periods of time from obtaining an immigrant visa for up to ten years or more. These bars frequently result in the protracted separation of undocumented applicants from their U.S. citizen or lawful permanent resident family members. After more than ten years since the passage of the unlawful presence bars, it is now appropriate …

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Gender And Judging, Diane S. Sykes Jul 2011

Gender And Judging, Diane S. Sykes

Marquette Law Review

None

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Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg Jul 2011

Hanging Out Your Virtual Shingle: A Look At How South Carolina's Ethics Rules Concerning Attorney Communications, Advertising, And Solicitation Apply To Virtual Worlds, Jeffrey I. Silverberg

South Carolina Law Review

No abstract provided.

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Vonnegut: Lessons For Law & Policy, Daniel E. Lazaroff Jul 2011

Vonnegut: Lessons For Law & Policy, Daniel E. Lazaroff

Cardozo Public Law, Policy & Ethics Journal

The article explores the profound influence of Kurt Vonnegut's literary work on legal thought and discourse, particularly in areas such as First Amendment rights, intellectual property, and the ethical implications of technology. Vonnegut's themes of equality, corporate power, and the horrors of war have not only shaped legal scholarship but also informed judicial decisions and public policy. His work continues to resonate in contemporary legal debates, offering timeless insights into pressing societal issues.

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Eminent Need: Proposing A Market Participant Exception For Municipal Parker Immunity, Scott Weese Jul 2011

Eminent Need: Proposing A Market Participant Exception For Municipal Parker Immunity, Scott Weese

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg Jul 2011

Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg

Cardozo Public Law, Policy & Ethics Journal

The note argues that New York's legal presumption of joint tenancy in joint bank accounts disproportionately burdens same-sex couples, leading to unfair gift and estate tax implications. It advocates for reforming New York's approach to align with the Uniform Probate Code (UPC), which better reflects depositor intent and reduces discrimination. The current system, compounded by federal policies like the Defense of Marriage Act (DOMA), exacerbates financial and emotional hardships for same-sex couples in tax and probate matters.

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Table Of Contents - Cardozo Law Review, Volume 32, Issue 6 Jul 2011

Table Of Contents - Cardozo Law Review, Volume 32, Issue 6

Cardozo Law Review

No abstract provided.

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Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin Jul 2011

Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin

Cardozo Law Review

No abstract provided.

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On The Difficulties Of Generalization - Pcaob In The Footsteps Of Myers, Humphrey's Executor, Morrison, And Freytag, Peter L. Strauss Jul 2011

On The Difficulties Of Generalization - Pcaob In The Footsteps Of Myers, Humphrey's Executor, Morrison, And Freytag, Peter L. Strauss

Cardozo Law Review

No abstract provided.

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Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White Jul 2011

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Nevada Law Journal

The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights—the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of “industrial terrorism.” Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …

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The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg Jul 2011

The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg

Nevada Law Journal

Citizens who share close, important relationships with non-citizens often face significant obstacles if they wish to maintain these relationships permanently within the United States. In order to lawfully immigrate to the United States, non-citizen loved ones must fit within one of the narrowly-defined admission categories established by the Immigration and Nationality Act. The majority of individuals able to immigrate can do so because they share relationships with U.S. citizens that render them eligible under the “family reunification” admission category. Unfortunately, immigration law’s definition of family includes only relationships that could fit within the “traditional family unit.” Thus, many citizens find …

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Peer Editing: A Comprehensive Pedagogical Approach To Maximize Assessment Opportunities, Integrate Collaborative Learning, And Achieve Desired Outcomes, Cassandra L. Hill Jul 2011

Peer Editing: A Comprehensive Pedagogical Approach To Maximize Assessment Opportunities, Integrate Collaborative Learning, And Achieve Desired Outcomes, Cassandra L. Hill

Nevada Law Journal

No abstract provided.

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To Have And To Hold: What Does Love (Of Money) Have To Do With Joint Tax Filing?, Stephanie Hunter Mcmahon Jul 2011

To Have And To Hold: What Does Love (Of Money) Have To Do With Joint Tax Filing?, Stephanie Hunter Mcmahon

Nevada Law Journal

Wealthy taxpayers have always attempted to reduce their federal income taxes. Before 1948, when the United States had an individual-based system, one popular method was to shift income between spouses so that more of a husband’s income could be reported by and taxed to his lower-income, and thus lower-tax-bracket, wife. Congress eliminated the reward for this tax-avoidance behavior in 1948 by nationalizing income splitting via the joint return. Today, there are proposals to return to an individual-based system. Evaluating the proposal for individual filing, this Article first explores the development of the income-splitting joint return as a historical guide to …

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Forced Administration Of Antipsychotic Drugs To Civilly Committed Mental Patients In Nevada: A Remedy Without A Clear Statutory Authorization, Chuck Weller Jul 2011

Forced Administration Of Antipsychotic Drugs To Civilly Committed Mental Patients In Nevada: A Remedy Without A Clear Statutory Authorization, Chuck Weller

Nevada Law Journal

No abstract provided.

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The High Price Of Misguided Legislation: Nevada's Need For Practical Sex Offender Laws, Stephanie Buntin Jul 2011

The High Price Of Misguided Legislation: Nevada's Need For Practical Sex Offender Laws, Stephanie Buntin

Nevada Law Journal

No abstract provided.

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Mitigating The Prosecutor's Dilemma In Light Of Melendez-Diaz: Live Two-Way Videoconferencing For Analysit Testimony Regarding Chemical Analysis, Amy Ma Jul 2011

Mitigating The Prosecutor's Dilemma In Light Of Melendez-Diaz: Live Two-Way Videoconferencing For Analysit Testimony Regarding Chemical Analysis, Amy Ma

Nevada Law Journal

No abstract provided.

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Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney Jul 2011

Rethinking Judicial Disqualification Based On Campaign Contributions: A Practical Critique Of Post-Caperton Proposals And A Call For Greater Transparency, Ryan M. Mcinerney

Nevada Law Journal

No abstract provided.

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Education Reform Litigation In Nevada: Is The Nevada Legislature Neglecting Its Constitutional Duties?, K Nicholas Portz Jul 2011

Education Reform Litigation In Nevada: Is The Nevada Legislature Neglecting Its Constitutional Duties?, K Nicholas Portz

Nevada Law Journal

No abstract provided.

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The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro Jul 2011

The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro

Nevada Law Journal

No abstract provided.

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Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow Jul 2011

Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow

Law and Contemporary Problems

No abstract provided.

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Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg Jul 2011

Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg

Law and Contemporary Problems

Katsh discusses the new problems that are a consequence of a new technological environment in healthcare, one that has an array of elements that makes the emergence of disputes likely. Novel uses of technology have already addressed both the problem and its source in other contexts, such as e-commerce, where large numbers of transactions have generated large numbers of disputes. If technology-supported healthcare is to improve the field of medicine, a similar effort at dispute prevention and resolution will be necessary.

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Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello Jul 2011

Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello

Law and Contemporary Problems

Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed.

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Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee Jul 2011

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee

Law and Contemporary Problems

Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.

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Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman Jul 2011

Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman

Law and Contemporary Problems

Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.

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A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler Jul 2011

A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler

Law and Contemporary Problems

The concept of a "principled resolution" is the foundation for bioethics mediation. Dubler presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare setting. These disputes may arise among medical providers, between medical providers and patients, or among members of a patient's family and can be managed or resolved by bioethics mediation using the conceptual tool of a principled resolution.

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Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi Jul 2011

Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi

Law and Contemporary Problems

Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.

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Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy Jul 2011

Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy

Law and Contemporary Problems

Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.

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Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf Jul 2011

Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much On Decision-Makers, Benjamin H. Graf

Cardozo Public Law, Policy & Ethics Journal

The article argues that the nonobviousness requirement under 35 U.S.C. §103 is overly subjective and unpredictable, undermining the patent system's effectiveness. It contends that this indeterminacy discourages innovation and allows monopolies on minor improvements. The author proposes two reforms to enhance objectivity and consistency: a public database of nonobviousness decisions and treating prior art as a constructive specification for patent claims.

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Table Of Contents - Issue 2 Jul 2011

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

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Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley Jul 2011

Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley

Journal of Dispute Resolution

This paper will illustrate how the regulation of mediator training and the implementation of minimum qualification levels will help the Directive have a longterm impact in six parts. Part II will briefly examine mediation in an international law context. Part III will discuss the history of the Directive and pertinent provisions of the Directive. Part IV will address the recent situation in Italy, with a particular focus on the opposition to Legislative Decree 28, mandatory mediation, and the perceived lack of mediator qualifications. Part V will examine the current mediator trainings and qualification standards that are required in other selected …

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