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Articles 331 - 360 of 1176
Full-Text Articles in Health Law and Policy
Addiction-Informed Immigration Reform, Rebecca Sharpless
Addiction-Informed Immigration Reform, Rebecca Sharpless
Articles
Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Articles
Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby
Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby
Faculty Scholarship
Military medical ethics has been challenged by the post-11 September 2001 ‘War on Terror’. Two recurrent questions are whether military physicians are officers first or physicians first, and whether military physicians need a separate code of ethics. In this article, we focus on how the War on Terror has affected the way we have addressed these questions since 2001. Two examples frame this discussion: the use of military physicians to force-feed hunger strikers held in Guantanamo Bay prison camp, and the uncertain fate of the Department of Defense’s report on ‘Ethical Guidelines and Practices for US Military …
Manufactured Emergencies, Robert Tsai
Manufactured Emergencies, Robert Tsai
Scholarly Articles in Law Reviews & Journals
Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law
Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine
Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine
Maryland Law Review
No abstract provided.
The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney
St. Mary's Law Journal
This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander
The Executive Right To Lease After Kcm Financial Llc V. Bradshaw And A Louisiana Solution To A Texas Problem., Christopher S. Kulander
St. Mary's Law Journal
Abstract Forthcoming.
Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson
Articles
In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson
St. Mary's Law Journal
Abstract Forthcoming.
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel
No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel
St. Mary's Law Journal
Abstract Forthcoming.
Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo
Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo
St. Mary's Law Journal
In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …
Tx Rice V. Denbury., Thomas Alan Zabel
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan
St. Mary's Law Journal
Abstract Forthcoming.
The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig
The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig
St. Mary's Law Journal
Abstract Forthcoming.
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera
The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera
St. Mary's Law Journal
Abstract Forthcoming.
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks
Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks
St. Mary's Law Journal
Abstract Forthcoming.
United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley
St. Mary's Law Journal
Abstract Forthcoming.
Covenants Running With The Land., Michael P. Pearson
Covenants Running With The Land., Michael P. Pearson
St. Mary's Law Journal
The analysis of real covenants in wellhead contracts (e.g., gas purchasing, gathering, processing, etc.) by Texas courts has not been consistent. As a result, some bankruptcy courts are holding that a debtor in bankruptcy is not liable for a prior contractual obligation, unless the covenant is held to be a real covenant running with the land. For instance, the holding in In re Sabine Oil & Gas Corp. (Sabine I) contradicts the holdings in Westland Oil Development Corp. v. Gulf Oil Corp. and in Inwood North Homeowners' Association, Inc. v. Harris. The Sabine I court held that because the Acreage …
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
St. Mary's Law Journal
When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano
A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano
St. Mary's Law Journal
Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …
The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler
The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler
St. Mary's Law Journal
Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene
St. Mary's Law Journal
Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green
St. Mary's Law Journal
A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …