Legal Summaries,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
Legal Summaries, Leslie Polizzotto
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Leslie Polizzotto
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Oscar Gutierrez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries,
2013
Pepperdine University
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,
2013
Florida A&M University College of Law
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,
2013
Pace University
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,
2013
Marquette University Law School
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,
2013
North Carolina Central University School of Law
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,
2013
University of Oklahoma Norman Campus
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,
2013
University of Iowa College of Law
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?,
2013
University of Nottingham, U.K.
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,
2013
BPP Law School, U.K.
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Explaining The Supreme Court's Interest In Patent Law,
2013
Emory University School of Law
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Dissenting State Patent Regimes,
2013
Berkeley Law
The Law Of Agency In Comparison: A Look At The Civil Law Jurisdictions Of The State Of Louisiana And The Federal Republic Of Germany,
2013
Yeshiva University, Cardozo School of Law
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.
Jack Balkin's Rich Historicism And Diet Originalism: Health Benefits And Risks For The Constitutional System,
2013
Texas A&M University School of Law
Jack Balkin's Rich Historicism And Diet Originalism: Health Benefits And Risks For The Constitutional System, Neil S. Siegel
Faculty Scholarship
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system. First, he provides a systemic account of constitutional change, which he calls “living constitutionalism.” Second, he offers an individual approach to constitutional interpretation and construction, which he calls “framework originalism” or “the method of text and principle.” Reasoning from the systemic perspective, Balkin develops a compelling theory of the processes of constitutional change. Balkin may insufficiently appreciate, however, that public candor about — or even deep awareness of — …
Congressional Policy For Work Product Protection In Congressional Investigations,
2013
Benjamin N. Cardozo School of Law
Congressional Policy For Work Product Protection In Congressional Investigations, Jay Brody
Cardozo Public Law, Policy & Ethics Journal
The note examines the conflict between congressional investigative powers and the work product doctrine, advocating for a balanced approach that considers the nature of the investigation. It argues that the type of congressional investigation—legislative, oversight, or investigative—should determine the level of work product protection applied, ensuring both effective governance and legal fairness.
