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Articles 197161 - 197190 of 544860
Full-Text Articles in Law
What Synthetic Genomes Mean For Our Future: Technology, Ethics, And Law, Interests And Identities, Thomas H. Murray
What Synthetic Genomes Mean For Our Future: Technology, Ethics, And Law, Interests And Identities, Thomas H. Murray
Valparaiso University Law Review
No abstract provided.
Synthetic Hype: A Skeptical View Of The Promise Of Synthetic Biology, Jonathan Kahn
Synthetic Hype: A Skeptical View Of The Promise Of Synthetic Biology, Jonathan Kahn
Valparaiso University Law Review
No abstract provided.
Synthetic Cells, Synthetic Life, And Inheritance, Kristine S. Knapland
Synthetic Cells, Synthetic Life, And Inheritance, Kristine S. Knapland
Valparaiso University Law Review
No abstract provided.
End Of The Beginning Or Beginning Of The End? Synthetic Biology's Stalled Security Agenda And The Prospects For Restarting It, Stephen M. Maurer
End Of The Beginning Or Beginning Of The End? Synthetic Biology's Stalled Security Agenda And The Prospects For Restarting It, Stephen M. Maurer
Valparaiso University Law Review
No abstract provided.
Who Let The Humanists Into The Lab?, Eleonore Pauwels
Who Let The Humanists Into The Lab?, Eleonore Pauwels
Valparaiso University Law Review
No abstract provided.
Disabilitiy And Designer Babies, Brigham A. Fordham
Disabilitiy And Designer Babies, Brigham A. Fordham
Valparaiso University Law Review
No abstract provided.
No Requirement Left Behind: The Inadvertent Discovery Requirement—Protecting Citizens One File At A Time, Nicholas Hood
No Requirement Left Behind: The Inadvertent Discovery Requirement—Protecting Citizens One File At A Time, Nicholas Hood
Valparaiso University Law Review
No abstract provided.
Dna Copyright, Andrew W. Torrance
Dna Copyright, Andrew W. Torrance
Valparaiso University Law Review
No abstract provided.
The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, Emily M. Janoski-Haehlen
The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, Emily M. Janoski-Haehlen
Valparaiso University Law Review
No abstract provided.
The Brave New World Of Genetic Biobanks: International Lessons For A Potential United States Biobank, Matthew J. Piehl
The Brave New World Of Genetic Biobanks: International Lessons For A Potential United States Biobank, Matthew J. Piehl
Valparaiso University Law Review
No abstract provided.
Six Myths That Confuse The Marriage Equality Debate, William N. Eskridge Jr.
Six Myths That Confuse The Marriage Equality Debate, William N. Eskridge Jr.
Valparaiso University Law Review
No abstract provided.
Competing Rights Under The Totality Of The Circumstances Test: Expanding Dna Collection Statutes, Jessica A. Levitt
Competing Rights Under The Totality Of The Circumstances Test: Expanding Dna Collection Statutes, Jessica A. Levitt
Valparaiso University Law Review
No abstract provided.
Combating Government Corruption: Suing The Federal Government Via A Proposed Amendment To The Civil Rico Statute, Arie J. Lipinski
Combating Government Corruption: Suing The Federal Government Via A Proposed Amendment To The Civil Rico Statute, Arie J. Lipinski
Valparaiso University Law Review
No abstract provided.
Airline Employees Are Not Reporting Violations Because They Lack Adequate Whistleblower Protection: Are You Ready For Takeoff?, Katie Lynn Patrick
Airline Employees Are Not Reporting Violations Because They Lack Adequate Whistleblower Protection: Are You Ready For Takeoff?, Katie Lynn Patrick
Valparaiso University Law Review
No abstract provided.
Slowing The Pace Of Recovery: Why Property Assessed Clean Energy Programs Risk Repeating The Mistakes Of The Recent Foreclosure Crisis, Jonathan R. Sichtermann
Slowing The Pace Of Recovery: Why Property Assessed Clean Energy Programs Risk Repeating The Mistakes Of The Recent Foreclosure Crisis, Jonathan R. Sichtermann
Valparaiso University Law Review
No abstract provided.
Circuit Circus: What Is The Correct Standard Of Review Applicable To Supervised Release Appeals After United States V. Booker?, Anne E. Zygadlo
Circuit Circus: What Is The Correct Standard Of Review Applicable To Supervised Release Appeals After United States V. Booker?, Anne E. Zygadlo
Valparaiso University Law Review
No abstract provided.
Property's Morale , Nestor M. Davidson
Property's Morale , Nestor M. Davidson
Faculty Scholarship
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled demoralization costs. Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
State Leadership For Safer Chemicals Policy Reform: Lessons From California, Maine, Minnesota And Washington, Michelle A. Russell
State Leadership For Safer Chemicals Policy Reform: Lessons From California, Maine, Minnesota And Washington, Michelle A. Russell
Honors Theses
Chemicals regulation under the U.S. Toxic Substances Control Act of 1976 fails to protect human health. In the absence of federal protection, safer chemicals legislation and implementation is moving forward in four states: Maine, Minnesota, California and Washington. Working in response to a loud public cry of concern and persistent grassroots organizing, these four states have enacted laws that regulate chemicals in consumer products. Maine, Minnesota and Washington chose to focus on regulating the chemicals used in children’s products, taking into consideration greater vulnerability in early development and the compelling public priority to protect children’s health. The most important factors …
Hastening The Wheels Of Change: International Cold War Pressure And Civil Rights Reform During The Truman Presidency, Caley A. Robertson
Hastening The Wheels Of Change: International Cold War Pressure And Civil Rights Reform During The Truman Presidency, Caley A. Robertson
Honors Theses
In the early Cold War arena, international pressure on the United States to live according to its ideological rhetoric enabled the Truman Administration to set a precedent for federal engagement in domestic civil rights reform. As the United States led the march to institutionalise human rights as the standard of moral legitimacy in the global arena, the country’s grisly record of racial oppression and violence invited foreign and domestic criticism alike. This paper intends to prove five discrete points. First: Cold War tensions brought questions of moral legitimacy to the forefront of the U.S. national agenda. Second: during the Truman …
The Fundamentals Of Wealth Transfer Tax Planning: 2011 And Beyond, John A. Miller, Jeffrey A. Maine
The Fundamentals Of Wealth Transfer Tax Planning: 2011 And Beyond, John A. Miller, Jeffrey A. Maine
Faculty Publications
This article discusses basic aspects of all three transfer taxes, with particular emphasis on the estate tax. This article then outlines fundamental estate planning techniques in light of the impact of these taxes. In addition, references are provided in the footnotes to more detailed treatments of the planning techniques described here.
Is The Party Over? Examining The Constitutionality Of Proposition 14 As It Relates To Ballot Access For Minor Parties, Jessica A. Levinson
Is The Party Over? Examining The Constitutionality Of Proposition 14 As It Relates To Ballot Access For Minor Parties, Jessica A. Levinson
Loyola of Los Angeles Law Review
The U.S. Supreme Court must reexamine its deeply flawed ballot access jurisprudence. California voters passed Proposition 14 on June 8, 2010. This law reduces ballot access for minor parties. This Article argues that the Court has historically overestimated the government interests at stake in restricting ballot access, while derogating the important role that minor parties can play in elections. This must stop. This Article further argues that the Court should apply strict scrutiny to ballot access restrictions and use a holistic approach when examining such restrictions.
Judicial Interference With Effective Assistance Of Counsel, Bennett L. Gershman
Judicial Interference With Effective Assistance Of Counsel, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A lawyer’s ineffective representation of a client may be attributable to a lawyer’s own personal failings. However, impairment of the right to effective assistance of counsel may also come from a trial judge’s conduct, and can takes many forms, and occur in varying circumstances. It is therefore difficult to formulate clear principles to cover all of the various situations in which a judge can undermine effective representation. The Borukhova and Mallayev case is only the most recent illustration of the way a ruling of a judge – forcing the lawyer to sum up his case without giving the lawyer adequate …
Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman
Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A prosecutor's charging decision is the heart of the prosecution function. The charging decision involves an extraordinary exercise of discretionary power that is unreviewable. As a result, the decision is difficult to guide except in the broadest terms. The proposed revisions to the ABA's Criminal Justice Standards for the Prosecution Function attempt to address several key issues that inform the charging decision, by broadening the language of several provisions of the current Standards as well as adding several new provisions. To be sure, the proposed Standards significantly change the current Standards with respect to the proper factors and considerations affecting …
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred's 1991 article in theVanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice? I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor's ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor's duty not to win a case but to see …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
Following a brief history of prior versions of the relevant Standards in Part I, Part II describes the current draft of the proposed Prosecution and Defense Functions, focusing on new requirements for candor, civility, and cooperation. The article concludes that the proposed revisions represent a healthy step toward a more reliable, trustworthy, and efficient criminal justice system. The revisions explicitly recognize the central, powerful, and multidimensional role of the prosecutor and attempt to respond accurately and realistically to the needs and demands of that role. As the drafting and approval process continues, certain specific areas need greater clarification and thus …
There's A Will, But No Way--Whatever Happened To The Doctrine Of Testamentary Freedom And What Can (Should) We Do To Restore It?, Irene D. Johnson
There's A Will, But No Way--Whatever Happened To The Doctrine Of Testamentary Freedom And What Can (Should) We Do To Restore It?, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
It is the purpose of this article to examine the current problems surrounding the issue of freedom of testation, to enumerate and evaluate various suggestions that have been proposed for the elimination of these problems, and to propose this writer's suggestion for the restoration of freedom of testation to those who wish to propound non-traditional estate plans. Part I examines, in some detail, the ways in which courts and juries have stymied the exercise of freedom of testation. Part II is devoted to the different suggestions that commentators have put forth for the protection of the non-traditional estate plan. Part …
The Effects The Bank Secrecy Act Has Had On The South Florida Banking Industry And Economy, And How The Newly Proposed Irs Regulation Would Compound Those Effects, Ashley L. Fernald
The Effects The Bank Secrecy Act Has Had On The South Florida Banking Industry And Economy, And How The Newly Proposed Irs Regulation Would Compound Those Effects, Ashley L. Fernald
Nova Law Review
No abstract provided.
Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler
Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler
Faculty Publications
The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector employees …
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Faculty Publications
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …
An Empirical Analysis Of Collaborative Practice, John M. Lande
An Empirical Analysis Of Collaborative Practice, John M. Lande
Faculty Publications
This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.