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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


Onlineketoproducts-Converted.Pdf, Dermvix Tri Oct 2109

Onlineketoproducts-Converted.Pdf, Dermvix Tri

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Can A Politician Block You On Social Media?, Alan E. Garfield Jul 2109

Can A Politician Block You On Social Media?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Incapacitation: Penal Policy And The Lessons Of Recent Experience, Hannah S. Laqueur Jan 2109

Incapacitation: Penal Policy And The Lessons Of Recent Experience, Hannah S. Laqueur

Berkeley Journal of Criminal Law

No abstract provided.


Crime And Punishment In Gold Country: A Historical Case-Study, Lawrence M. Friedman, Shih-Chun Chien Jan 2109

Crime And Punishment In Gold Country: A Historical Case-Study, Lawrence M. Friedman, Shih-Chun Chien

Berkeley Journal of Criminal Law

No abstract provided.


No Longer The Gold Standard: Probabilistic Genotyping Is Changing The Nature Of Dna Evidence In Criminal Trials, Bess Stiffelman Esq. Jan 2109

No Longer The Gold Standard: Probabilistic Genotyping Is Changing The Nature Of Dna Evidence In Criminal Trials, Bess Stiffelman Esq.

Berkeley Journal of Criminal Law

DNA has long been considered the gold standard of forensic evidence, heralded for its ability to exonerate the innocent and convict the guilty. But this new generation of DNA evidence is far from its established predecessor — both in the quality of the evidence collected and the clarity of what is presented in court. With new highly sensitive technology, tiny amounts of DNA, often just a few cells, are now collected at crime scenes. This DNA was left on objects by someone who touched an object, or by someone who touched or was touched by someone who then touched the object ...


Stop Traffic: Using Expert Witness To Disrupt Intersectional Vulnerability In Sex Trafficking Prosecutions, Blanche Bong Cook Jan 2109

Stop Traffic: Using Expert Witness To Disrupt Intersectional Vulnerability In Sex Trafficking Prosecutions, Blanche Bong Cook

Berkeley Journal of Criminal Law

No abstract provided.


Measuring Changes In Incarceration Rates: Shifts In Carceral Intensity As Felt By Communities, Kevin R. Reitz Jan 2109

Measuring Changes In Incarceration Rates: Shifts In Carceral Intensity As Felt By Communities, Kevin R. Reitz

Berkeley Journal of Criminal Law

No abstract provided.


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


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That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick Apr 2020

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude Mar 2020

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn Jan 2020

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

All Papers

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process ...


Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson Jan 2020

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig Jan 2020

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Articles & Book Chapters

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only 1 soldier has ...


Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy Jan 2020

Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy

University of Baltimore Law Review

The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference. We hope you will join us for this exciting conference on April 2 and 3, 2020. The theme is Privacy. As always, the conference focuses on the intersection of gender and race, class, gender identity, ability, and other personal identities.

We are at a critical time for a broad range of privacy issues. State level abortion bans have put a spotlight on the importance of decisional privacy to women’s equality. Across America, advocates are fighting for ...


Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith Jan 2020

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do ...


Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon Jan 2020

Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon

GW Law Faculty Publications & Other Works

Since its inception in 1934, the Securities and Exchange Commission (the “Commission” or the “SEC”) has wielded statutory authority to seek injunctive relief for violations of the federal securities laws. Since 1970 courts have, at the Commission’s behest and without much analysis, ordered violators to disgorge profits – make that lots and lots of profits – gained in the course of their wrongdoing. In some instances, the profits are returned to victims. In others, either because the victims are too many and too scattered or because the violation is a victimless one such as engaging in bribery, the ill-gotten gains are ...


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig Dec 2019

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Elaine Craig

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only 1 soldier has ...


The Biased Media And Their Utilization Of Propaganda: The True Obstructionists Of World Events And Our Minds, David B. Ross, Gina Peyton, Melissa Tara Sasso, Rande Matteson, Cortney Matteson Dec 2019

The Biased Media And Their Utilization Of Propaganda: The True Obstructionists Of World Events And Our Minds, David B. Ross, Gina Peyton, Melissa Tara Sasso, Rande Matteson, Cortney Matteson

Dr. Melissa Tara Sasso

Propaganda is a widely controversial issue, especially when it collides with the media and politicians. This complex system creates tension between those who have a personal agenda to disseminate false statements to advance their plan to manipulate the minds of the public. Based upon 24/7 cable news and social media, there seems to be a miscommunication and disconnect from the truth regarding how the media reports world events, politics, environment, and how politicians were elected to help their constituents, not their own personal agendas. This chapter will address the concern for a better system of reporting the facts and ...


The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez Dec 2019

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Petroleum in Mexico is not only a resource that has been used and abused by the State to finance its operations; petroleum runs in the veins of its national identity—oil rigs, barrels, and the State-owned company’s eagle are present in monuments across the nation and featured on coins and circulation bills.Official history books tell the story of how the Mexican revolution was fought partly to regain control of the hydrocarbons sector, which in 1910 was dominated by international oil companies. Consequently, to understand the legal nature of the Mexican petroleum license, one needs to review the history ...


Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh Dec 2019

Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.