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559,438 full-text articles. Page 11024 of 11071.

Is There An Unreasonable Accommodation? Is There A Due Hardship?, Alex B. Long 2010 University of Tennessee College of Law

Is There An Unreasonable Accommodation? Is There A Due Hardship?, Alex B. Long

Scholarly Works

No abstract provided.


Viva State Employment Law - State Law Retaliation Claims In A Post-Crawford/Burlington Northern World, Alex B. Long 2010 University of Tennessee College of Law

Viva State Employment Law - State Law Retaliation Claims In A Post-Crawford/Burlington Northern World, Alex B. Long

Scholarly Works

No abstract provided.


Against Civil Gideon (And For Pro Se Court Reform), Benjamin H. Barton 2010 University of Tennessee College of Law

Against Civil Gideon (And For Pro Se Court Reform), Benjamin H. Barton

Scholarly Works

This Article argues that the pursuit of a civil Gideon (a civil guarantee of counsel to match Gideon v. Wainright’s guarantee of appointed criminal counsel) is an error logistically and jurisprudentially and advocates an alternate route for ameliorating the execrable state of pro se litigation for the poor in this country: pro se court reform.

Gideon itself has largely proven a disappointment. Between overworked and underfunded lawyers and a loose standard for ineffective assistance of counsel the system has been degraded. As each player becomes anesthetized to cutting corners a system designed as a square becomes a circle.

There is …


Whistling Dixie About The Irs Whistleblower Program Thanks To The Irc Confidentiality Restrictions, Michelle M. Kwon 2010 University of Tennessee College of Law

Whistling Dixie About The Irs Whistleblower Program Thanks To The Irc Confidentiality Restrictions, Michelle M. Kwon

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The Internal Revenue Service has been authorized for many years to pay awards to individuals who blow the whistle on those who do not pay their taxes. But the whistleblower program was underused and ineffective. In 2006, Congress modified the whistleblower program to boost the IRS’s authority to pay cash awards to tax whistleblowers. The premise of the article is that Congress did not go far enough in 2006 in light of the confidentiality restrictions in Internal Revenue Code Section 6103. As currently written, Section 6103 essentially prohibits the IRS from disclosing to the whistleblower tax information of the purportedly …


An Exclusionary Rule For Police Lies, Melanie Wilson 2010 University of Tennessee College of Law

An Exclusionary Rule For Police Lies, Melanie Wilson

Scholarly Works

Although the Supreme Court has often said that truth is an imperative to justice, we now know that police officers, the key investigative component in our criminal justice system, lie. How often do the police lie? No one knows for sure. But credible reports of police lies are common.

Because our legal system treats the police as if they were impartial fact gatherers, trained and motivated to gather facts both for and against guilt, rather than biased advocates attempting to disprove innocence, which is the reality, the criminal justice system lacks the appropriate structure to expose and effectively deal with …


Book Review - Richard Hyland's Gifts: A Study In Comparative Law, Iris Goodwin 2010 University of Tennessee College of Law

Book Review - Richard Hyland's Gifts: A Study In Comparative Law, Iris Goodwin

Scholarly Works

This essay is a lengthy review of Richard Hyland's Gifts: A Study in Comparative Law (OUP, 2009), a masterpiece of comparative law scholarship.


Lessons From The Financial Crisis, Maurice Stucke 2010 University of Tennessee College of Law

Lessons From The Financial Crisis, Maurice Stucke

Scholarly Works

What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?

In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses the issue of systemic risk posed by mergers generally and those in the financial services industries specifically. The federal government heard concerns in the 1990s about mega-mergers in the financial industry. The Department of Justice, for example, heard concerns that the Citibank-Travelers merger would create an institution too …


The Slave Trade Is Back: Confronting Human Trafficking In Canada And Beyond, Benjamin Perrin 2010 Allard School of Law at the University of British Columbia

The Slave Trade Is Back: Confronting Human Trafficking In Canada And Beyond, Benjamin Perrin

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Individual liberty is being systematically attacked in Canada and around the world with a resurgence in the last two decades of human trafficking — a modern-day form of slavery. Modern-day slavery is thriving in countries as diverse as Cambodia and Costa Rica, India and Italy, as well as the Ukraine and the United States itself. International policing agencies say that illegal profits from modern-day slavery rival that of drug and weapons trafficking. While countries around the world have been tackling the issue for over a decade, Canada’s response has been comparatively lethargic due to a lack of widespread awareness about …


Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds 2010 Allard School of Law at the University of British Columbia

Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds

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Networked digital technologies have given Canadians the opportunity to engage with culture in a way that has never before been possible. Empowered and inspired, individuals from Prince George to the Georgian Bay to George Street are rejecting their former role as passive consumers of culture in order to participate in a continuing process of cultural (re)creation, production, and dialogue. One way in which they are doing so is by engaging in the transformative use of existing expression, a type of creative activity in which previously existing expression is reworked for a new purpose, with new interpretations or with a new …


Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, A. C. Pritchard, Janis P. Sarra 2010 Allard School of Law at the University of British Columbia

Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, A. C. Pritchard, Janis P. Sarra

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The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article …


The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan 2010 Allard School of Law at the University of British Columbia

The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan

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Growing public expectations that the Olympic Movement and Olympic Host City Organizing Committees be socially, environmentally and economically responsible has made a commitment to integrate sustainability principles and practices a common theme in the bids of cities competing to host the Games. To understand the growing role of sustainability as an Olympic theme, the authors trace the evolution of the sustainability aspirations of the Olympic Movement by looking at the key Olympic Games and bids in this process. The authors determine that unlocking the potential of the Olympic Games to use sport to attract new audiences to sustainable living cannot …


Federalism In The European Union And The United States Subsidiarity, Private Law, And The Conflict Of Laws, Alex Mills 2010 University of Pennsylvania Carey Law School

Federalism In The European Union And The United States Subsidiarity, Private Law, And The Conflict Of Laws, Alex Mills

University of Pennsylvania Journal of International Law

No abstract provided.


Transitional Justice In Ancient Athens: A Case Study, Adriaan Lanni 2010 University of Pennsylvania Carey Law School

Transitional Justice In Ancient Athens: A Case Study, Adriaan Lanni

University of Pennsylvania Journal of International Law

No abstract provided.


Beyond The Monopoly Of States, David Gartner 2010 University of Pennsylvania Carey Law School

Beyond The Monopoly Of States, David Gartner

University of Pennsylvania Journal of International Law

No abstract provided.


Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng 2010 University of Pennsylvania Carey Law School

Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng

University of Pennsylvania Journal of International Law

No abstract provided.


Through A Glass Darkly: Using Brain Science And Visual Rhetoric To Gain A Professional Perspective On Visual Advocacy, Lucille Jewel 2010 University of Tennessee College of Law

Through A Glass Darkly: Using Brain Science And Visual Rhetoric To Gain A Professional Perspective On Visual Advocacy, Lucille Jewel

Scholarly Works

American legal culture, tracking the trend within the media culture as a whole, has become inherently more visual. Visual competency is now required for effective persuasion in the courtroom and in a variety of other advocacy settings. The central thesis of this Article is that visual advocacy is here to stay, but that there is a large knowledge gap that prevents advocates from being able to evaluate the professionalism of their own visual arguments and properly respond to the visual arguments submitted by their opposing counsel.

Accordingly, this Article offers a detailed outline of the knowledge bases that attorneys need …


Money, Is That What I Want?: Competition Policy & The Role Of Behavioral Economics, Maurice Stucke 2010 University of Tennessee College of Law

Money, Is That What I Want?: Competition Policy & The Role Of Behavioral Economics, Maurice Stucke

Scholarly Works

Although the behavioral economics and happiness economic literature are hot areas in legal and economic scholarship, the U.S. policymakers, until recently, have not embraced the literature. That is changing with the financial crisis. Policymakers are re-examining the assumptions underlying many neoclassical economic theories embedded in their policies.

This article addresses one cornerstone of neoclassical economic theory, namely that rational consumers pursue their economic self-interests. It is commonly associated with Adam Smith’s famous statement: “It is not from the benevolence of the butcher, the brewer, or the baker, that we can expect our dinner, but from their regard to their own …


When A Monopolist Deceives, Maurice Stucke 2010 University of Tennessee College of Law

When A Monopolist Deceives, Maurice Stucke

Scholarly Works

This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist’s deception under the federal antitrust laws. Competition authorities should target a monopolist’s anticompetitive deception, which courts should treat as a prima facie violation of the Sherman Act without requiring a full-blown rule of reason analysis or an arbitrary, multi-factor standard.


The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan MacLeod Heminway 2010 University of Tennessee College of Law

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Macleod Heminway

Scholarly Works

This short piece is an annotated version of remarks that I gave to introduce a roundtable discussion on securities regulation scholarship at the University of Maryland School of Law program on “Corporate Governance and Securities Law Responses to the Financial Crisis” held on April 17, 2009. The piece represents my current thoughts about what it is like to teach, research, and write in the area of securities regulation. Ultimately, the message I deliver is a positive one; there is much opportunity for securities regulation teachers and scholars in an environment like the one we have been wrestling with since at …


Charities And Terrorist Financing, David G. Duff 2010 Allard School of Law at the University of British Columbia

Charities And Terrorist Financing, David G. Duff

All Faculty Publications

A decade after the bombing of Air India Flight 182 in June 1985, many Canadians were shocked to learn that the Babbar Khalsa Society – a militant organization dedicated to the establishment of an independent state in northern India, members of which are believed to have planned the Air India bombing – had been granted charitable status in Canada. Although the organization’s charitable status was revoked in 1996, reports also suggested that funds collected to support Sikh temples in Canada may have been diverted to support Sikh militancy in India. This article examines the relationship between charities and terrorist financing …


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