Browsing Law School by Title
Now showing items 1263-1282 of 1363
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(Texas Tech Law Review, 2013)The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and ...
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(Journal of Contemporary Legal Issues, 1999)The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the ...
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(Nebraska Law Review, 1990)In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such ...
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(Environmental Law, 2009)Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines on order to allow the development of a high-votage transmission grid for renewable ...
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(University of Pennsylvania Law Review, 2001)Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in ...
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(Law and Inequality, 1988)There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...
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(Notre Dame Law Review, 2012)In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims ...
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(Iowa Law Review, 2018)A number of states, as well as foreign jurisdictions, impose a community property regime. Under this regime, regardless of the title to property, each spouse is deemed to own a fifty percent interest in assets. When a ...
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(Stanford Environmental Law Journal, 1992)Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
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(Center for American Progress, 2014)Since the 2008 financial crisis, the problem of financial institutions being "too big to fail," or TBTF, has been front and center in the public debate over the reform and regulation of the financial industry. Commentators ...
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(Journal of Dispute Resolution, 2004)For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, ...
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(Duke Law Journal, 2019)Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has undergone a profound metamorphosis, transforming itself from a business with ...
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(Loyola Journal of Public Interest Law, 2011)Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and ...
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(DePaul Law Review, 2016)The passage of the ACA is a source of great pride for President Barack Obama's Administration, and the President undoubtedly hopes that the ACA will be his greatest legacy. 285 As a result, it is difficult to understand ...
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(Houston Law Review, 2017)It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...
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(Vanderbilt Journal of Entertainment Law & Practice, 2004)The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film ...
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(Energy Law Journal, 2000)This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, ...
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(Albany Law Review, 2019)As genomic data are increasingly being collected and applied in clinical care, physicians, laboratories, and other health care providers are more frequently being sued for alleged medical malpractice or negligence. Because ...
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(Law and Contemporary Problems, 2009)In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" ...
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(Supreme Court Review, 2003)How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...