Spatial Dynamics Of U.S. Cultural Resource Law,
2013
Texas State University - San Marcos
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
CRHR: Archaeology
The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region,
2013
Heritage Research Center, Stephen F. Austin State University
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.
CRHR: Archaeology
Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act,
2013
University of Maryland Francis King Carey School of Law
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act, Ashley Sharif
Proxy
No abstract provided.
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies,
2013
University of Maryland Francis King Carey School of Law
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston
Proxy
No abstract provided.
The Curious Case Of Transformative Dispute Resolution: An Unfortunate Marriage Of Intransigence, Exclusivity, And Hype,
2013
University of Maryland Francis King Carey School of Law
The Curious Case Of Transformative Dispute Resolution: An Unfortunate Marriage Of Intransigence, Exclusivity, And Hype, Robert J. Condlin
Faculty Scholarship
Why do proponents of Transformative Dispute Resolution (TDR) defend the Theory in such intransigent, exclusivist, and grandiose terms? TDR is a mature theory, and a relatively sophisticated one, and qualities of this sort usually go hand in hand with a balanced, refined, and well-modulated sense of self. But TDR proponents will have none of that. They make ambitious (some would say outlandish) assertions about the Theory’s capacity to develop moral and political character, reform deliberative government, and resolve ethno-political conflict, while simultaneously rejecting overtures from sympathetic outsiders to rein in the overstated aspects of these claims and craft a more …
Reforming Federal Tax Litigation: An Agenda,
2013
Florida State University College of Law
Reforming Federal Tax Litigation: An Agenda, Steve R. Johnson
Scholarly Publications
King Vertigorn, it is said, wished to build a castle to defend Britain against invaders. Each day, his mason raised and set the stones. Each night, however, the earth would rumble, bringing the work crashing to the ground. Vexed, Vertigorn asked Merlin for an explanation. Merlin’s mystical divination revealed that, in a cavern far below the surface, there resided two foes, a red dragon and a white dragon. In their perpetual struggle for dominance, first one dragon then the other would gain temporary ascendancy. Their jostling unsettled the ground, rendering all construction temporary.
In federal tax procedure, the red dragon …
"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals,
2013
Syracuse University College of Law
"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses",
2013
Barry University School of Law
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa
Barry Law Review
No abstract provided.
Advocates For The Disabled, Or Extortionist Vampires?
Chapter 383 Attempts To Prevent Plaintiffs’ Attorneys From Bleeding Small Businesses Dry,
2013
Pacific McGeorge School of Law
Advocates For The Disabled, Or Extortionist Vampires? Chapter 383 Attempts To Prevent Plaintiffs’ Attorneys From Bleeding Small Businesses Dry, Katherine Pankow
McGeorge Law Review
No abstract provided.
Patenting Nature: A Problem Of History,
2013
Brooklyn Law School
Patenting Nature: A Problem Of History, Christopher Beauchamp
Faculty Scholarship
No abstract provided.
Speech,
2013
University of Maryland Francis King Carey School of Law
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial,
2013
Mercer University School of Law
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Page
Articles
Trial attorneys can learn techniques that fiction writers have been using successfully for centuries and endow a single object to “rule them all.” In fact, there is a growing field of legal scholarship, known as Applied Legal Storytelling, which involves applying story telling concepts to legal concepts, and some evidence suggests that juries are responsive to narrative framework. Thus trial attorneys can use the literary concept of endowed objects to identify a key piece of physical evidence that weaves a thread of narrative continuity through the case and resonates in the mind of the judge or juror. ...
Endowed objects …
The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013),
2013
UIC School of Law
The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013), John Sviokla
UIC Law Review
No abstract provided.
Punishing And Deterring The Unknowing: Mandatory Treble Damages Under The Massachusetts Wage Act,
2013
Suffolk University Law School
Punishing And Deterring The Unknowing: Mandatory Treble Damages Under The Massachusetts Wage Act, Rebekah D. Provost
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys,
2013
Barry University
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute,
2013
University of Maryland Francis King Carey School of Law
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses,
2013
University of Michigan Law School
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses, Xun Liu
Michigan Telecommunications & Technology Law Review
When the America Invents Act ("AIA ") was signed in September 2011, many feared the law might benefit larger corporations at the expense of small businesses. This Note examines how one portion of the AIA, governing joinder in patent cases, might actually benefit small businesses by reducing patent assertions from non-practicing entities ("NPEs"). NPE assertions disproportionately affect small businesses, both because NPEs target small businesses more frequently and because patent assertions have a greater impact on individual companies. Prior to the AIA, joining multiple defendants in a single lawsuit offered important advantages for patent holders and allowed NPEs to achieve …
“Reverse” Patent Declaratory Judgment Actions: A Proposed Solution For Medtronic,
2013
The Catholic University of America, Columbus School of Law
“Reverse” Patent Declaratory Judgment Actions: A Proposed Solution For Medtronic, Megan M. La Belle
Scholarly Articles
The United States Supreme Court is scheduled to hear arguments in Medtronic, Inc. v. Boston Scientific Corp. – the first patent case of the term – on November 5, 2013. The issue in Medtronic is whether the burden of proof in patent declaratory judgment actions should be on the patent owner to prove infringement or on the accused infringer to prove non-infringement. Ordinarily, the patent owner bears the burden of proving infringement and the declaratory posture of a suit does not shift that burden. In Medtronic, however, the Federal Circuit created an exception for “MedImmune-type” suits, meaning declaratory judgment actions …
Winter 2013 Utton Center Newsletter,
2013
University of New Mexico
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013),
2013
UIC School of Law
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg
UIC Law Review
No abstract provided.
