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Jurisprudence Commons

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2013

Discipline
Institution
Keyword
Publication
Publication Type

Articles 61 - 90 of 273

Full-Text Articles in Jurisprudence

Legal Summaries, Tina Serebrakian, Ryan Yahne Apr 2013

Legal Summaries, Tina Serebrakian, Ryan Yahne

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Emily Edwards Apr 2013

Legal Summaries, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Jennifer Weatherup Apr 2013

Legal Summaries, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler Apr 2013

Finality: What Constitutes Final Agency Action? The Practical Implications Of The D.C. Circuit's Ruling In Reliable Automatic Sprinkler Co. V. Consumer Product Safety Commission, Jason Fowler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing Apr 2013

The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr Apr 2013

The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Jamie H. Kim Apr 2013

Legal Summaries, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Lisa Lester Apr 2013

Legal Summaries, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Jennifer Weatherup Apr 2013

Legal Summaries, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Kim Ly Apr 2013

Legal Summaries, Kim Ly

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal Apr 2013

Turning Back The Clock: The California Supreme Court's Decision In Mcclung V. Employment Development Department And The Difficulty Of Determining Legislative Intent In Retroactive Rulemaking , Jeffrey R. Groendal

Journal of the National Association of Administrative Law Judiciary

Against the backdrop of McClung, this note will explore the principle of retroactivity, tracing its development at the national level in the U.S. Supreme Court and at the state level with respect to California courts. Part II of this note addresses the history and development of jurisprudence on retroactivity, focusing on the traditional roles of the Judicial and Legislative Branches and the major cases of both the U.S. Supreme Court and California courts on retroactivity. Part III sets out the facts of McClung. Part IV analyzes and critiques the court's opinions in McClung, with a separate analysis of the history …


Legal Summaries, Jamie H. Kim Apr 2013

Legal Summaries, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Kim Ly Apr 2013

Legal Summaries, Kim Ly

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin Apr 2013

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird Apr 2013

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Leslie Polizzotto Apr 2013

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Leslie Polizzotto Apr 2013

Legal Summaries, Leslie Polizzotto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Oscar Gutierrez Apr 2013

Legal Summaries, Oscar Gutierrez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Legal Summaries, Lisa Lester Apr 2013

Legal Summaries, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove Apr 2013

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …


Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking, Brett Waldron Apr 2013

Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking, Brett Waldron

Pace International Law Review Online Companion

In the realm of American jurisprudence, little draws more excitement or controversy than investigating the role of federal judges in our constitutional order. Yet, at the same time, the scholarly literature has not settled upon a singular descriptive device to explain how federal judges actually carry out this role. In broad strokes, current academic commentary appears to be divided on the issue of whether fidelity to the law or fidelity to political ideology largely determines how judges decide cases. This division, however interesting it may be, should not be afforded the luxury of being examined on a level playing field. …


Getting Out Of The Funk: How Wisconsin Courts Can Protect Against The Threat To Impartial Jury Trials, Kurt F. Ellison Apr 2013

Getting Out Of The Funk: How Wisconsin Courts Can Protect Against The Threat To Impartial Jury Trials, Kurt F. Ellison

Marquette Law Review

This Comment critically examines the development of Wisconsin’s juror bias case law and the challenges that this body of law has created for judges and practitioners across the State of Wisconsin. Further, this Comment analyzes whether attempts by the Wisconsin Supreme Court to clear up the body of juror bias law have been successful or, as this Comment suggests, have left juror bias law grappling with the same set of issues. Wisconsin has long recognized the crucial role of the jury to its legal system and to ensuring the just administration of its laws. To preserve the integrity of the …


A Swindle With Big Words And Virtues: Leiter On Dworkin And Nonsense Jurisprudence, Timothy Stostad Apr 2013

A Swindle With Big Words And Virtues: Leiter On Dworkin And Nonsense Jurisprudence, Timothy Stostad

North Carolina Central Law Review

No abstract provided.


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein Apr 2013

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen Apr 2013

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

IP Theory

No abstract provided.


A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye Apr 2013

A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye

IP Theory

No abstract provided.


The Expansion Of Trademark Rights In Europe, Irina Pak Apr 2013

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.


Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook Apr 2013

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.


Dissenting State Patent Regimes, Camilla A. Hrdy Apr 2013

Dissenting State Patent Regimes, Camilla A. Hrdy

IP Theory

No abstract provided.


The Law Of Agency In Comparison: A Look At The Civil Law Jurisdictions Of The State Of Louisiana And The Federal Republic Of Germany, Benedikt M.J. Luthge Apr 2013

The Law Of Agency In Comparison: A Look At The Civil Law Jurisdictions Of The State Of Louisiana And The Federal Republic Of Germany, Benedikt M.J. Luthge

Cardozo Journal of International and Comparative Law

The essay presents a comparative analysis of agency law in Louisiana and Germany, highlighting their distinct approaches shaped by their respective legal systems. It argues that while both jurisdictions address similar issues, such as the risks of abuse and third-party rights, German law offers a more coherent framework. The analysis proposes adopting certain German legal principles, such as exceptions to the risk of abuse, to enhance the clarity and effectiveness of Louisiana's agency law.