Law Commons^™

Lights, Camera, Mistrial: Conflicting Federal Court Local Rules And Conflicting Theories On The Aggregate Effect Of Cameras On Courtroom Proceddings, Jacob Marvelley

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Rethinking The Additur Question In Federal Courts, Joseph R. Posner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010), J. T. Baker

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010), Randall Gleason

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated. Property-related issues will appear in the fall 2011 bibliography.

Greene V. Fisher: Will The Aedpa Trump Uniformity And Equity In Constitutional Decision Making, Sean O'Brien

Faculty Works

No abstract provided.

Teaching And Learning The Law Of Boats, Robert Anderson Iv

Saint Louis University Law Journal

No abstract provided.

Bills To Pay And Mouths To Feed: Forfeiture And Due Process Concerns After Alvarez V. Smith, Nicholas A. Loyal

Saint Louis University Law Journal

No abstract provided.

Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder

Saint Louis University Law Journal

No abstract provided.

A Next Step In Health Care Reform: Ensuring The Protection Of Employee Rights Under The Family And Medical Leave Act, April G. Dawson

Saint Louis University Law Journal

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. Notwithstanding the current constitutional challenges to the law, this historic legislation reaffirmed the basic principle that everyone should be afforded the opportunity to have security when it comes to health care. Such security also includes security in employment when a serious health condition causes an employee to be out of work for a temporary period of time. Indeed, it was the recognition of the need for job security during a time of illness which led Congress to enact the Family and Medical Leave Act …

The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares

Faculty Publications

Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants win between 8 and 9 percent of the disputes). Regardless of how one interprets these results, mainstream theorists, especially legalists, believe more is to be done to strengthen the system, and they point to instances of member recalcitrance to implement rulings as a serious problem. This article posits that such attempts to strengthen compliance are ill-advised. After discussing prior empirical …

Responding To Political Corruption: Some Institutional Considerations, Jonathan L. Entin

Faculty Publications

This article, written for a conference on "The Scandal of Political Corruption and the Law’s Response," examines some institutional mechanisms (such as open-meetings laws and term limits) that are intended to prevent corruption and others (such as independent counsels, special prosecutors, and ethics commissions) that seek to punish corruption after the fact. The article assesses some of the legal and practical constraints of these devices and, relying on the insights of Durkheim and other social scientists, asks whether some minimum level of corruption might serve the function of helping to define and reinforce social norms and values.

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

Faculty Publications

This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler

Faculty Publications

The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These regulatory initiatives mark a dramatic expansion of federal environmental controls on private economic activity. These efforts are unwise. Regulating greenhouse gases under the Clean Air Act, in particular, will impose substantial regulatory costs for minimal environmental gain. Extensive GHG regulation will not produce much actual climate change mitigation. Mitigating the threat of anthropogenic climate change requires …

Finding A Home For Orphans: Google Book Search And Orphan Works Law In The United States And Europe, Katharina De La Durantaye

Fordham Intellectual Property, Media and Entertainment Law Journal

The Google Books case and its proposed settlement have provoked heated debate. Objections to the settlement proposals have come from virtually all sides—from Google’s competitors to public interest organizations, state attorneys general, the U.S. Department of Justice, and even foreign countries such as France and Germany. While it is impossible to know what the terms of the final settlement will be, it is already clear that one of the settlement’s most important consequences will be how it changes the orphan works debate, both in the United States and in Europe. This Article argues that the Google Books case offers an …

Twittergate: Rethinking The Casting Director Contract, Carter Anne Mcgowan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Enforcement In The Cloud, Marc Aaron Melzer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Fate Of Indecency? The Constitutional Issue Presented By Fox Television Stations, Inc. V. Federal Communications Commission, Francis Marsico Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Union Pacific Railroad V. Utah Department Of Transportation; And Utah Public Service Commission : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from a Final Order of the Utah Public Service Commission, The Honorable Ruben H. Arredondo

Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.

The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw

Hofstra Labor & Employment Law Journal

No abstract provided.

Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully

Hofstra Labor & Employment Law Journal

No abstract provided.

The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.

Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram

Hofstra Labor & Employment Law Journal

No abstract provided.

Those Lost But Not Forgotten: Applicants With Severe Disabilities, Title I Of The Ada, And Retail Corporations, Charles P. Mileski

Hofstra Law Review

No abstract provided.

End Matter Hlr 40(2)

Hofstra Law Review

No abstract provided.

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

NYLS Law Review

No abstract provided.