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2009

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 60 of 81

Full-Text Articles in Other Law

Attempt By Omission, Michael T. Cahill May 2009

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.


New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza Apr 2009

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.


Implied Reverse Preemption, Anita Bernstein Apr 2009

Implied Reverse Preemption, Anita Bernstein

Faculty Scholarship

No abstract provided.


Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr. Apr 2009

Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.


Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden Apr 2009

Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden

Faculty Scholarship

No abstract provided.


Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth Apr 2009

Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth

UNLV Magazine

No abstract provided.


Publisher Mar 2009

Publisher

FIU Law Review

No abstract provided.


Gaap Did Their Job During The Economic Meltdown, George Mundstock Mar 2009

Gaap Did Their Job During The Economic Meltdown, George Mundstock

FIU Law Review

No abstract provided.


Gay And Lesbian Parenting In Florida: Family Creation Around The Law, Rebecca Mae Solokar Mar 2009

Gay And Lesbian Parenting In Florida: Family Creation Around The Law, Rebecca Mae Solokar

FIU Law Review

No abstract provided.


Table Of Contents Mar 2009

Table Of Contents

FIU Law Review

No abstract provided.


Masthead Mar 2009

Masthead

FIU Law Review

No abstract provided.


The Subprime Crisis—Some Thoughts On A "Sustainable” And “Organic” Regulatory System, Jerry W. Markham Mar 2009

The Subprime Crisis—Some Thoughts On A "Sustainable” And “Organic” Regulatory System, Jerry W. Markham

FIU Law Review

No abstract provided.


Government Investment In Banks: Creeping Nationalization Or Prudent, Temporary Aid?, Lissa L. Broome Mar 2009

Government Investment In Banks: Creeping Nationalization Or Prudent, Temporary Aid?, Lissa L. Broome

FIU Law Review

No abstract provided.


The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erick F. Gerding Mar 2009

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erick F. Gerding

FIU Law Review

No abstract provided.


The Odd Couple: Stadium Naming Rights Mitigating The Public-Private Stadium Finance Debate, Christopher B. Carbot Mar 2009

The Odd Couple: Stadium Naming Rights Mitigating The Public-Private Stadium Finance Debate, Christopher B. Carbot

FIU Law Review

No abstract provided.


Museletter: March 2009, Suzanne Corriell Mar 2009

Museletter: March 2009, Suzanne Corriell

Museletter

This Issue:

Be Prepared for Employment this Summer by Joyce Manna Janto

Obtaining Access to PACER: A Brief How-To by Suzanne B. Corriell

From the Suggestion Box

Trading Spaces: Spring Carrel Swap

"Worlds Connect @ Your Library" National Library Week, April 12-18, 2009

New Faces at the Law Library

Summer Hours


When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande Jan 2009

When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande

Barry Law Review

No abstract provided.


Life At The Center Reflections On My Career, Roberta S. Karmel Jan 2009

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Campaign Finance Regulation: The Resilience Of The American Model, William Araiza Jan 2009

Campaign Finance Regulation: The Resilience Of The American Model, William Araiza

Faculty Scholarship

No abstract provided.


Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo Jan 2009

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

Faculty Publications

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.


International Regulatory Definitions Of Animal Distress In Animal Research And Animal Production – An Overview., Jon Richmond Jan 2009

International Regulatory Definitions Of Animal Distress In Animal Research And Animal Production – An Overview., Jon Richmond

Laws and Legislation Collection

Various systems already exist to judge animal welfare - of which distress can be one component - in the laboratory setting (see Hendriksen and Morton 1998). Many rely on nonspecific measures; that is they may be manifestations of a number of states, not all of them necessarily indicative of poor welfare. Certainly, there is already good provision for methods to recognise some of the commoner manifestations of distress, arguably they are sufficiently meaningful to categorise various distress states, though to my mind they are for the present still not suited for use as means of strictly quantifying the negative impact/suffering …


How To Improve Empirical Desert, Adam Kolber Jan 2009

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.


During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich Jan 2009

During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich

Seattle University Law Review

This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …


Should Inmates Be Running The Jailhouse: Affirming The Constitutionality Of Enhanced Archivist Involvement In White House Record-Keeping Policymaking, Nicholas E.M. Michiels Jan 2009

Should Inmates Be Running The Jailhouse: Affirming The Constitutionality Of Enhanced Archivist Involvement In White House Record-Keeping Policymaking, Nicholas E.M. Michiels

American University Law Review

This Comment argues that tasking the Archivist of the United States with promulgating electronic record-keeping guidelines and certifying presidential compliance is constitutional because the President’s ability to perform his or her constitutional functions will not be impaired and, additionally, because Congress has constitutional authority to promote the important objective of retaining presidential records.11 Part I examines the laws and jurisprudence that have culminated in public ownership of presidential records. Part II discusses the Bush Administration’s record-keeping problems, the indirect way the United States Congress learned of the problems, and the subsequent legislative response—the Electronic Message Preservation Act (EMPA). Finally, Part …


Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen Jan 2009

Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen

Faculty Publications

This essay considers a time-dishonored question: What, if anything, do judges have on under their robes? After serious research and thought, the author concludes that judges are-or, in an economically rational world, should be-minimalists.


The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen Jan 2009

The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen

Faculty Publications

"The Shortest Article in Law Review History" appeared in 2 to a mixture of acclaim ("Brilliant!"), horror ("Don't you have anything better not to do?"), and indifference ("Huh?"). Since then, many have asked how the article came into being and what its effect on legal scholarship has been. (Well, the author's mother and sister did once raise those questions, or one of them anyway.) This new article provides readers with just about everything needed to understand a twenty-first century development in the life of the mind.


The Subjective Experience Of Punishment, Adam Kolber Jan 2009

The Subjective Experience Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan Jan 2009

The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan

Faculty Scholarship

No abstract provided.


Sprawl In Europe And America, Michael Lewyn Jan 2009

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …


Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2009

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …