East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010),
2010
UIC School of Law
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010),
2010
UIC School of Law
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010),
2010
UIC School of Law
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
UIC Law Review
No abstract provided.
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010),
2010
UIC School of Law
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010),
2010
UIC School of Law
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
UIC Law Review
No abstract provided.
Running From The United States Treasury: The Need To Reform The Taxation Of Multinational Corporations, 43 J. Marshall L. Rev. 1041 (2010),
2010
UIC School of Law
Running From The United States Treasury: The Need To Reform The Taxation Of Multinational Corporations, 43 J. Marshall L. Rev. 1041 (2010), Jennifer Barton
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010),
2010
UIC School of Law
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010),
2010
UIC School of Law
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
UIC Law Review
No abstract provided.
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010),
2010
UIC School of Law
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
UIC Law Review
No abstract provided.
Defining Sex: On Marriage, Family, And Good Public Policy,
2010
Capital University Law School
Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser
Michigan Journal of Gender & Law
Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were …
Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson
UNLV Gaming Law Journal
In their search for new sources of revenue, states have legalized and sought to tax many kinds of gaming. Forty-eight of the fifty states of the United States permit one or more types of legal gaming. An important technique in casino and some other types of gaming is giving “comps” – complimentary goods or services – to player-customers. A frequent type of comp is free meals on the casino premises or elsewhere. Gaming establishments also often give free meals to their employees.
Comps have been controversial for federal income tax purposes. A recent Nevada case, Sparks Nugget, and related cases …
Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland,
2010
University of Maryland Francis King Carey School of Law
Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm
Journal of Health Care Law and Policy
No abstract provided.
Writer's Block: Why Punctuation Matters, Part Two,
2010
American University Washington College of Law
Writer's Block: Why Punctuation Matters, Part Two, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Survey Of Federal Agency Rulemakers’ Attitudes About E-Rulemaking,
2010
American University Washington College of Law
A Survey Of Federal Agency Rulemakers’ Attitudes About E-Rulemaking, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
Drawing on a survey of U.S. civil servants engaged in developing regulations across a wide variety of agencies, this chapter analyzes how bureaucrats in key positions view the impact on their work of “electronic rulemaking” – that is, the creation of online opportunities for members of the public to comment on proposed administrative regulations. There is strong evidence that rulemakers appreciate the value of new technologies for public participation purposes and for internal administration and coordination functions, but less evidence that they see the utility of e-rulemaking for improving the quality of administrative rules.
The Overlooked Significance Of Arizona's New Immigration Law,
2010
State University of New York at Buffalo Law School
The Overlooked Significance Of Arizona's New Immigration Law, Rick Su
Michigan Law Review First Impressions
Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the Department of Homeland Security. Rather, it has been the result of legislative action taken in one state-Arizona. Arizona's move to regulate immigration has predictably raised questions about the proper role of a state with respect to an area dominated by federal legislation. Yet the discussion thus far …
Gina's Genotypes,
2010
Pennsylvania State University,Dickinson School of Law
Gina's Genotypes, David H. Kaye
Michigan Law Review First Impressions
In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Hailed by the late Senator Edward Kennedy as "the first civil rights bill of the new century of life sciences," GINA generally prohibits employers from asking for "genetic information." …
Lorain, Aspen, And The Future Of Section 2 Enforcement,
2010
University of Michigan Law School
Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu
Michigan Telecommunications & Technology Law Review
The Sherman Antitrust Act § 2 makes monopolizing or attempting to monopolize a particular trade or aspects of a trade a federal felony. More specifically, Section 2 of the Act addresses a firm's unilateral conduct. Under the administration of former President George W. Bush, a comprehensive guideline titled Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act ("Bush Guidelines") was adopted in September of 2008 for enforcing Section 2 violations. Under President Barack Obama's administration, however, the enforcement of antitrust laws is expected to undergo a radical transformation. On May 11, 2009, Christine A. Varney, the Assistant …
It Is Time: Why The Fda Should Start Disclosing Drug Trial Data,
2010
University of Michigan Law School
It Is Time: Why The Fda Should Start Disclosing Drug Trial Data, Mustafa Ünlü
Michigan Telecommunications & Technology Law Review
Although [drug] manufacturers bear the cost of research data generation, it is oftentimes a worthwhile investment that also confers significant commercial advantages. Consequently, they have argued that research data should be considered a trade secret and kept confidential. The FDA's longstanding position has been to accept this proposition. Even when Congress appeared to mandate disclosure or weaken the underlying rationale for secrecy, the FDA has continued to treat research data as confidential. A strong argument against a default posture of confidentiality is that research data disclosure would promote broad public interests by eliminating the societal costs brought about by keeping …
Taxing Civil Rights Gains,
2010
University of Pittsburgh School of Law
Taxing Civil Rights Gains, Anthony C. Infanti
Michigan Journal of Gender & Law
This Article is divided into four parts. In Part I, the nature of the levy that the DOMAs impose on same-sex couples is explained. In Part II, how this levy can be classified as a "tax" is explained. In Part III, the federal- and state-level ramifications of classifying the levy that the DOMAs impose as a "tax" are discussed. Finally, brief concluding remarks are provided that discuss how this Article might pave the way for making similar arguments with respect to other nontraditional families and, concomitantly, how it demonstrates the transformative potential of same-sex marriage.
Rawls And Reparations,
2010
San Francisco State University
Rawls And Reparations, Martin D. Carcieri
Michigan Journal of Race and Law
In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of John Rauls. Rawls may …
