The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit,
2010
University of Idaho College of Law
The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum
Articles
No abstract provided.
Iqbal, Procedural Mismatches, And Civil Rights Litigation,
2010
FIU College of Law
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Faculty Publications
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …
Did We Tame The Beast: Views On The Us Financial Reform Bill,
2010
Duke Law School
Did We Tame The Beast: Views On The Us Financial Reform Bill, Lawrence G. Baxter
Faculty Scholarship
Prof. Lawrence Baxter takes a microscope to the ‘Dodd-Frank’ Bill (Dodd-Frank Wall Street Reform and Consumer Protection Act, H.R. 4173) finding a veritable ’Micrographia’ of doubt. The Bill was devised to address problems associated with the global financial crisis of 2007-2009. This paper was written in anticipation of the US Financial Reform Bill’s passage through Congress. The legislation has since been enacted as Public Law No. 111-203, signed by President Obama on July 21, 2010.
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010),
2010
UIC School of Law
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse
UIC Law Review
No abstract provided.
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010),
2010
UIC School of Law
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones
UIC Law Review
No abstract provided.
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold,
2010
University of the District of Columbia David A Clarke School of Law
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros
Journal Articles
As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …
Federal Courts Not Federal Tribunals,
2010
University of Missouri - Kansas City, School of Law
Federal Courts Not Federal Tribunals, Lumen N. Mulligan
Faculty Works
The Court has employed inferred-cause-of-action doctrine to foster the rights of individuals, from injured workers to female college applicants to defrauded investors and targets of racial discrimination. Although the question of whether the federal courts ought to infer causes of action from federal statutes is an old chestnut in the federal-courts field, a new basis for barring such a practice has arisen, requiring fresh attention to the Court's inferred-cause-of-action doctrine. This new position asserts that inferring a cause of action is not merely poor judicial policy but extra-jurisdictional under either 28 U.S.C. - 1331 or Article III. Borrowing a phrase …
Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008,
2010
University of Michigan School of Law
Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008, Nicholas C. Howson
Book Chapters
This chapter draws on a detailed study of corporate law adjudication in Shanghai from 1992 to 2008. The purpose of the study was to better understand the demonstrated technical competence, institutional autonomy, and political independence of one court system in the People's Republic of China ("PRC") in a sector outside of the criminal law. The study consisted of a detailed examination and comparison of full-length corporate law opinions for more than 200 reported cases, a 2003 Shanghai High Court opinion on the 1994 Company Law (describing a decade of corporate case outcomes), a 2007 report on cases implementing the Company …
The Indian Child Welfare Act.,
2010
University of Michigan Law School
The Indian Child Welfare Act., Frank Vandervort
Book Chapters
Few child welfare lawyers routinely confront the application of the Indian Child Welfare Act (ICWA or "the Act"). When the statute applies, however, it is crucial that its provisions be strictly followed. There are at least three reasons why counsel should attempt to ensure that ICWA's provisions are carefully applied. First, ICWA's provisions are jurisdictional. Failure to abide by its requirements invalidates the proceeding from its inception. Indeed, any party or the court may invoke ICWA at any time in the proceeding, including for the first time on appeal. Second, unlike most federal child welfare legislation which provides funding streams …
Volume 6 Issue 2,
2010
American University Washington College of Law
The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010),
2010
John Marshall Law School
The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation,
2010
University of Georgia School of Law
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill
Georgia Law Review
American health care reform has drawn both impassioned critics and vociferous supporters. Although underinsured and uninsured Americans face a dire plight, the mentally ill-even those with private health insurance-confront even greater hurdles. While drawing substantially less outcry, many insurance plans place limits on mental illness coverage that do not apply to physical illnesses. Though Congress recently passed the Mental Health Parity and Addiction Equity Act of 2008 (the MHPAEA), it did not solve the problem. The MHPAEA eliminates some disparity-such as higher deductibles for mental health treatment-but still allows insurers to impose unequal annual coverage limits. Furthermore,the MHPAEA shares the …
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review,
2010
Gonzaga University School of Law
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review, Daniel J. Morrissey
University of Richmond Law Review
No abstract provided.
Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison,
2010
DePaul University College of Law
Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison, Paul S. Miller
University of Richmond Law Review
No abstract provided.
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General,
2010
Indiana University School of Law
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
University of Richmond Law Review
No abstract provided.
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy,
2010
George Mason University School of Law
Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson
Michigan Journal of Race and Law
The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …
Covenants Not To Compete In Nevada: A Proposal,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Covenants Not To Compete In Nevada: A Proposal, Elham Roohani
Nevada Law Journal
This Note offers a balanced standard for Nevada's restrictive covenant laws in the employment context. First, Part I defines “covenants not to compete” and explains how they have developed. Second, Part II examines other states' treatment of restrictive covenants in the employment context. Third, part III proposes a solution for Nevada that balances tensions between employers and employees in light of Nevada's unique workforce and economic makeup. By discussing Nevada's specific considerations, this Note aims to guide Nevada's legislators when discussing and adopting new laws respecting covenants not to compete.
The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice, Miranda Mahe
Nevada Law Journal
This article examines the initiative process. Currently, twenty-four states utilize the initiative process in one form or another as a popular way for their citizens to directly voice their opinion on what laws they want passed. Unfortunately, the process is somewhat prone to fraud. A petition’s proponents usually pay circulators for each signature they obtain, whether or not the Secretary of State ultimately validates it.
In Part II, this Note looks at the history of the initiative process, the initiative process in Nevada, in particular, and the National Conference of State Legislature’s recommendations. Part III analyzes which recommendations Nevada has …
Understanding Card-Check Organizing: The Public Sector Experience,
2010
University of Missouri School of Law
Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely, Timothy D. Chandler
Faculty Publications
The use of “card checks” as a method of union organizing has recently garnered considerable attention, much of it surrounding the proposed Employee Free Choice Act. The proposed legislation seeks to amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via card checks. Despite this recent interest in card checks, there is little empirical research on the topic due, in part, to the lack of available data. Although card-check organizing in the private sector is not rare, such organizing is voluntary, and does …
Misplaced Modifiers - Say What,
2010
American University Washington College of Law
Misplaced Modifiers - Say What, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
