Breaking Bad In The Eleventh Circuit: Assessing The Total Weight Of Methamphetamine For Sentencing Purposes,
2016
Barry University School of Law
Breaking Bad In The Eleventh Circuit: Assessing The Total Weight Of Methamphetamine For Sentencing Purposes, Richard Pallas Jr.
Barry Law Review
No abstract provided.
Who Are You Calling Irrational?,
2016
Northwestern Pritzker School of Law
Who Are You Calling Irrational?, Aneil Kovvali
Northwestern University Law Review
Nudges are interventions that encourage people to make particular choices by shaping the context in which the choices are made. These interventions can have major impacts because of quirks in the way that human beings process information. Cass Sunstein places nudges at the core of a regulatory philosophy of “libertarian paternalism,” which suggests that while the government should generally preserve the freedom of citizens to make their own choices, it should also intervene to improve on the choices it deems self-destructive. In Why Nudge?, Sunstein defends libertarian paternalism against John Stuart Mill’s Harm Principle, which holds that the government …
Pepperdine University School Of Law: Legal Summaries,
2016
Pepperdine University
Pepperdine University School Of Law: Legal Summaries, Blair Castellanos
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Circuit Splits And Empiricism In The Supreme Court,
2016
Golden Gate University School of Law
Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia
Pace Law Review
This Article demonstrates, empirically rather than merely in theory, how a failure to do so leads to unreliable conclusions concerning the relationship between the Supreme Court and the circuit courts of appeal. Specifically, commentators routinely misapply facially accurate raw data regarding the rate at which the Court reverses circuit court decisions to support unreliable conclusions regarding the comparative degree of accord between the Court and individual circuits. Commentators and the popular press then employ these unreliable conclusions to draw unsupported inferences regarding the reasons for supposed discord between the Court and the circuits, and to urge fundamental institutional reforms ranging …
The Territorial Principle In Penal Law: An Attempted Justification,
2016
University of Canterbury
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless,
2016
Fordham University School of Law
Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz
Fordham Urban Law Journal
No abstract provided.
Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City,
2016
Fordham University School of Law
Preventing Shelterization: Alleviating The Struggles Of Homeless Individuals And Families In New York City, Salley Kim
Fordham Urban Law Journal
No abstract provided.
Yes To Infill, No To Nuisance,
2016
Touro Law Center
Yes To Infill, No To Nuisance, Michael Lewyn
Fordham Urban Law Journal
No abstract provided.
To Call Or Not To Call: Compelling Witnesses To Appear Before Congress,
2016
Fordham University School of Law
To Call Or Not To Call: Compelling Witnesses To Appear Before Congress, Daniel Curbelo Zeidman
Fordham Urban Law Journal
No abstract provided.
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles,
2016
Touro University Jacob D. Fuchsberg Law Center
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983,
2016
Touro University Jacob D. Fuchsberg Law Center
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Qualified Immunity When Facts Are In Dispute,
2016
Touro University Jacob D. Fuchsberg Law Center
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Touro Law Review
No abstract provided.
Alice In Wonderland V. Cls Bank: The Supreme Court's Fantastic Adventure Into Section 101 Abstract Idea Jurisprudence,
2016
The University of Akron
Alice In Wonderland V. Cls Bank: The Supreme Court's Fantastic Adventure Into Section 101 Abstract Idea Jurisprudence, Annal D. Vyas
Akron Intellectual Property Journal
This Article proposes a solution to the current problems surrounding section 101 and patent-eligibility. Specifically, it advocates for an amendment to section 101 of the Patent Act that eliminates the abstract idea exception when conducting a patent eligibility analysis. This approach has several advantages, including the fact that judges no longer need to provide logically contortioned explanations as to why one idea is "abstract" and another is not. Nor will judges have to decide whether an abstract idea can still be patent eligible by virtue of being an "inventive concept of an abstract idea."
Part II of this Article reviews …
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study,
2016
The University of Western Ontario
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes
Master of Studies in Law Research Papers Repository
What determines the outcome of judicial decisions? A traditional answer to this question is that it involves a complex application of rules derived from the reasons for judgment of analogous common law decisions and applicable statutes under the doctrine of stare decisis. This answer is problematic. One significant problem of this answer is its inability to explain the outcome of cases where the judgment does not appear to be based on these traditionally recognized sources. An alternative answer, provided by a particular field of legal scholarship, Legal Realism, posits that “other” factors make a significant impact on the outcome …
Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law,
2016
University of Georgia School of Law
Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry
Georgia Journal of International & Comparative Law
No abstract provided.
The New Swiss Uniform Arbitration Act And International Commercial Arbitration,
2016
University of Georgia School of Law
The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond
Georgia Journal of International & Comparative Law
No abstract provided.
The Unconscionable War On Moral Conscience,
2016
The University of St. Thomas
The Unconscionable War On Moral Conscience, Michael Stokes Paulsen
Notre Dame Law Review
My thesis in this review builds on and is inspired in part by George’s book: Where, or to the extent that, a conflict between conscience and authority reduces to a pure stand on principle by each side—sincere conscience for its sake versus authority for its—in a free society conscience should almost always win. The only time that claims of government authority should triumph over genuine claims of religious conscience is when religiously motivated conduct would produce essentially intolerable harm to others—harm of a kind and degree that would lead one to conclude (in effect, not literally) that it is inconceivable …
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts,
2016
West Virginia University
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon
West Virginia Law Review
No abstract provided.
