Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 39)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 1)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access   (Followers: 2)
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 8)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Western Journal of Legal Studies     Open Access   (Followers: 1)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 2)
William & Mary Journal of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 9)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 20)
Yale Law Journal     Open Access   (Followers: 66)
Yearbook of European Law     Hybrid Journal   (Followers: 23)
Yearbook of International Disaster Law Online     Full-text available via subscription   (Followers: 1)
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
Southern Illinois University Law Journal
Journal Prestige (SJR): 0.101
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0145-3432
Published by Southern Illinois University Homepage  [3 journals]
  • Looking Out for the Illinois Home Buyer: Analyzing the Court’s Narrow
           Approach in Kalkman v. Nedved, 2013 IL App (3d) 120800, 991 N.E.2d 889

    • Authors: Andrew J. Sheehan
      Abstract: For many, purchasing a home is the ultimate American dream. But for some, this experience can turn into a nightmare full of unexpected repairs and unforeseen headaches. Although lawmakers have made strides to protect home buyers (e.g.,enacting Illinois' Residential Real Property Disclosure Act), this dream-gone-bad dilemma continues to be a real concern in Illinois. Still today, many unsuspecting home buyers are saddled with costly defects and deteriorating conditions that were never disclosed by sellers at the time of purchase.For example, in a case of first impression, the Illinois Third District Court, in Kalkman v. Nedved, recently held that a seller is not obligated to disclose defective windows or doors in a home, even if those defects are known to the seller. This Note examines the majority's decision and argues that the court was incorrect in holding that a seller’s duty to disclose defects in a property’s walls did not also require a seller to disclose defects in windows or doors. Specifically, the court should have focused on the functional definition of the terms in the statute to carry out its purpose, which is to ensure home buyers are protected from unknown conditions that materially affect various functions of the residence.As a result, Kalkman court essentially creates a loophole that permits home sellers to knowingly withhold information about defects in a home—such as leaky windows or doors that do not seal properly—that could significantly affect its value.
      PubDate: Tue, 17 May 2016 16:11:39 PDT
       
  • Must The Corporation Pay For The Sins Of The Employee After United States
           ex rel. Vavra v. Kellogg Brown & Root, Inc., 727 F.3d 343 (5th Cir. 2013)?
           

    • Authors: Jessica Shay Morgan
      Abstract: This Note analyses the Fifth Circuit’s decision in United States ex rel Varva v. Kellogg Brown & Root, Inc. to award civil punitive damages against a corporation after an employee violated the Anti-Kickback Act, 41 U.S.C. §§ 51-56 (1986). The statute prohibits individuals from offering bribes to the U.S. government in exchange for preferential treatment under government contracts. Traditionally, corporations were held liable for employee violations in amounts equal to the value of the kickback. Essentially, the corporation was responsible for making the government whole in recoupment of the benefit received by the corporation. Individuals, on the other hand, suffered more stringent penalties for knowingly violating the statute. The statute punished knowing violations with $11,000 per occurrence penalties, plus the value of the kickback. InKellogg, the Fifth Circuit Court held that a corporation can be vicariously liable for knowing violations of the statute and suffer per occurrence penalties.This Note argues that the Fifth Circuit inappropriately determined that vicarious liability could be imputed to a corporation by dismissing the statute’s punitive characteristics and disregarding the application of the act-for-the-benefit-of-the-principal rule of agency. It provides background information on the Anti-Kickback Act and its applicability in government contracts. It also describes the application of vicarious liability and punitive damages under similar statutes.
      PubDate: Tue, 17 May 2016 16:11:35 PDT
       
  • It is Hard to Make Everyone Happy: The Rights Gained and Lost By Companies
           and Employees in the Context of the Affordable Care Act Contraception
           Mandate

    • Authors: Paul R. Hale
      Abstract: The Affordable Care Act Contraception Mandate was implemented so that companies would be required to provide their female employees with contraception healthcare coverage. However, several different types of entities, such as non-profit religious organizations, have been exempted from paying for the Contraception Mandate because providing contraception healthcare to their employees conflicted with the corporations’ religious principles. Corporations are legal persons, which affords them many, but not all, of the protections a natural person enjoys under the First Amendment. While the religious freedom of corporations is recognized by federal statute, corporations do not have religious protection under the First Amendment.Recently, the Supreme Court of the United States decided that for-profit corporations, most notably Hobby Lobby Stores, Inc., are also exempt from providing for the Contraception Mandate on the grounds that the contraception healthcare violates the religious beliefs of the corporation. The ruling invalidates the application of the Contraception Mandate to for-profit religious companies and shifts the burden of providing for contraception healthcare to the female employees. The Hobby Lobby Stores, Inc. line of cases presents a conflict between the religious rights of the corporate person and the employment and religious rights of natural persons. This Comment will argue that the Court’s decision to invalidate the Contraception Mandate, in the context ofBurwell v. Hobby Lobby Stores, Inc., is incorrect because this ruling infringes upon the “religious beliefs” of natural person employees under Title VII of the Civil Rights Act of 1964. The Court’s holding oppresses the Title VII religious rights of the natural person, which arise from constitutional protection, while granting religious protection to corporate persons, who have not been given religious constitutional protection.
      PubDate: Tue, 17 May 2016 16:11:30 PDT
       
  • Is Registering as an Animal Abuser in Illinois Abusive to the Offender? An
           Examination of the Proposed Illinois Animal Abuse Registry

    • Authors: Alisha L. Biesinger
      Abstract: This Comment explains why the proposed animal abuse registry in Illinois should not be passed because it pushes constitutional limitations, is impractical, and would be ineffective in meeting its goals. It first discusses background information on animal abuse registries, including Illinois’ proposed registry, and other relevant Illinois registries. The Comment then discusses the constitutional limits any registry in Illinois faces and focuses on how the proposed animal abuse registry pushes the constitutional bounds of due process. Lastly, the Comment analyzes the problems associated with an animal abuse registry in Illinois, most notably the lack of financial resources in Illinois and unlikely success of the registry.
      PubDate: Tue, 17 May 2016 16:11:25 PDT
       
  • Why Illinois Should Adopt Federal Rule of Evidence 803(18) to Allow the
           Learned Treatise Exception to the Hearsay Rule

    • Authors: Ralph Ruebner et al.
      Abstract: Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 and 705 by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition; thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adoption of the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for the admissibility of a learned treatise and allowing it as substantive evidence. First, this article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of this hearsay exception will increase efficiency among trial courts.
      PubDate: Tue, 17 May 2016 16:11:20 PDT
       
  • Empower the Student, Liberate the Professor: Self-Assessment by
           Comparative Analysis

    • Authors: Joi Montiel
      Abstract: Experts in legal education have argued that law professors should teach students to be self-regulated learners—to be conscious of their learning process so they can transfer learned skills. They have also argued that law professors should assess student learning as learning occurs, rather than giving a single end-of-semester exam. However, use of formative assessment—assessing student learning throughout the semester—can be perceived as a burden on professors.This Article introduces Self-Assessment by Comparative Analysis, a teaching method that empowers law students by providing a formative assessment that teaches students to self-regulate their learning, preparing them for the realities of law practice. The benefit to law students does not come with a corresponding burden to professors; it “liberates” law professors from the labor-intensive grading that is normally associated with formative assessment.
      PubDate: Tue, 17 May 2016 16:11:14 PDT
       
  • A Succinct, Holistic Look at Climate Change Legislation

    • Authors: Chris Henry
      Abstract: The legislative process in the United States moves slowly, and any legislation that does become law is still subject to change along with the partisan makeup of Congress. Due to the time-sensitive nature of climate change, climate change activists should look to alternate ways to implement policies or try to circumvent the legislative process entirely. First, this article provides the basics of climate change legislation, and discusses the unique problems facing climate change activists. Then, this article describes the history of climate change legislation in the United States. Next, this article explores ways to change climate change policies without resorting to the legislative process, and ways to effect change through the legislature which are not subject easily overturned over time. Even if environmentalists are able to pass federal climate change legislation then it must be both effective and lasting. Perhaps the best way to accomplish this is to include precommitment strategies and make the legislation flexible enough to withstand political change.
      PubDate: Tue, 17 May 2016 16:11:09 PDT
       
  • Reanimating the States’ Single Subject Jurisprudence: A New
           Constitutional Test

    • Authors: Justin W. Evans et al.
      Abstract: Most states’ courts do not rigorously enforce the single subject rule contained in their constitutions. This paper first argues that the courts should immediately dispense with the common law doctrines frustrating the rule’s enforcement. The paper then proposes a framework—a new constitutional test by which single subject challenges should be evaluated. The proposed framework is grounded in the intent of the rule’s framers and ratifiers.
      PubDate: Tue, 17 May 2016 16:11:02 PDT
       
  • Masthead – Vol. 39, Winter 2015

    • PubDate: Tue, 17 May 2016 16:10:58 PDT
       
  • All Prisoners are Equal, but Some Prisoners are More Equal Than Others: An
           Inmate’s Right To Sex Reassignment Surgery After Kosilek v. Spencer, 889
           F. Supp. 2d 190 (D. Mass. 2012)

    • Authors: Julia Kaye Wykoff
      Abstract: In a system where all prisoners are equal, some prisoners are more equal than others. Despite the progression of the LGBT community, one very overlooked group is transgender prisoners. This Note explores a transgender prisoner’s rights to sex reassignment surgery. In 2012, a federal district judge held for the first time that a DOC prisoner must receive sex reassignment surgery. In a ten-year battle, Michelle Kosilek presented evidence that his Gender Identity Disorder was so severe that the only way to medically treat the condition was to have a sex reassignment surgery. This case presented new, unprecedented law regarding the medical rights of transgender prisoners. In examining Kosilek’s claim under the Eighth Amendment’s ban on cruel and unusual punishment, medical principles related specifically to transgender prisoners were presented to the court. This case is currently up on an appeal, and as a divisive issue, it could potentially end up in front of the United States Supreme Court. This Note examines the narrow holding of Kosilek, considers the role of public policy in Kosilek’s claim, and hypothesizes about the future of transgender prisoner litigation.
      PubDate: Tue, 17 May 2016 16:10:51 PDT
       
  • Texters Beware: Analyzing the Court’s Decision in Kubert v. Best, 75
           A.3d 1214 (N.J. Super. Ct. App. Div. 2013)

    • Authors: Blair P. Keltner
      Abstract: Texting while driving creates a grave risk for those who use the roadways. Forty-one states and the District of Columbia ban text messaging for all drivers. Although public policy mandates a reduction in texting while driving, arguably this is a duty that should fall on drivers. However, New Jersey does not stop there. In Kubert v. Best, the Superior Court of New Jersey, Appellate Division, considered whether seventeen-year-old Shannon Colonna was liable when the person she was texting lost control of his car and severely injured a motorcyclist and his passenger. Although Colonna was not found liable, the court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.”This Note examines Kubert in regard to the new duty imposed upon remote texters not to text the driver of a motor vehicle and argues it was unnecessary for the court to formulate such a duty. The duty to avoid texting while driving should fall solely on the driver because remote texters have no knowledge of the circumstances of the recipient of a text message. This Note argues that the duty created will rarely, if ever, be met, and the court did little more than create a useless duty of care.
      PubDate: Tue, 17 May 2016 16:10:47 PDT
       
  • Protecting a Dream: Analyzing the Level of Review Applicable to DACA
           Recipients in Equal Protection Cases

    • Authors: Tania P. Linares Garcia
      Abstract: Faced with congressional inaction regarding comprehensive immigration reform, the Obama administration, through the Department of Homeland Security (DHS), implemented the Deferred Action for Childhood Arrivals (DACA) program in an effort to give young undocumented noncitizens the opportunity to contribute their skills and education to the American community by granting them deferred prosecutorial action and work authorization for a renewable term of two years. To date, DHS has granted DACA relief to over 521,825 young immigrants who would not otherwise be able to legally work in the United States.Although DACA recipients enjoy federal work authorization, states have adopted policies that restrict the benefits they receive from their employment authorization and bar them from pursuing certain professions. These policies treat DACA recipients differently from other noncitizens with temporary work permits. Yet, it is still unclear what level of review courts should apply to Equal Protection challenges arising from these policies because, although the DACA program effectively deems recipients lawfully present, it grants them no immigration status.This Comment argues that DACA recipients, like other lawfully present noncitizens, are entitled to heightened scrutiny in Equal Protection claims. First, this Comment will provide a general overview of judicial interpretation of the Equal Protection Clause. It will also explain the three major categories of noncitizens under current immigration law. Next, this Comment will examine judicial decisions in Equal Protection challenges regarding various categories of noncitizens. Lastly, this Comment will analyze why DACA recipients are entitled to heightened scrutiny under the Equal Protection Clause.
      PubDate: Tue, 17 May 2016 16:10:42 PDT
       
  • Anticipatory Repudiation: A Clear Barrier to Communication

    • Authors: Garth E. Flygare
      Abstract: This Comment explores anticipatory repudiation under the U.C.C. in order to address the inherent disincentive to communicate among the parties to a contract when uncertainty of performance occurs. This Comment presents a brief history of anticipatory repudiation, the framework of the doctrine in the U.C.C., and previously recognized instances of anticipatory repudiation. This Comment argues that the current framework discourages open, honest communication among the parties to a contract in contradiction to the requirements of good faith and fair dealing necessary in any agreement.This Comment reviews some of the previous recommendations for changes to this section of the U.C.C. and attempts to provide potential solutions to overcome the barriers to communication found here, by compelling certain communications in specific situations. The value in reviewing and addressing the problems found in anticipatory repudiation are further explored in this Comment from a marketing standpoint. This Comment argues that the effects of anticipatory repudiation may devalue relational assets when concepts from exchange orientation are taken into consideration, and relationship marketing suffers from these inherent barriers to communication.
      PubDate: Tue, 17 May 2016 16:10:37 PDT
       
  • State ex rel. Proctor v. Messina and Ex Parte Communications Under the
           HIPAA Privacy Rule: The “Judicial Proceedings” Split

    • Authors: Daniel J. Sheffner
      Abstract: In State ex rel. Proctor v. Messina, the Supreme Court of Missouri held that the HIPAA Privacy Rule does not authorize court orders permitting defense counsel to enter into informal ex parte communications with a plaintiff’s treating, non-party health care provider, absent the plaintiff’s authorization. In overruling the trial court’s order allowing such ex parte communications, the 2010 decision comports with the majority of state courts that prohibit such informal discovery techniques. Notably, however, the Missouri court did not rest its holding on any state substantive rule expressly prohibiting ex parte communications, but on the court’s interpretation of the HIPAA Privacy Rule. The Proctor court is the only tribunal that has held that the HIPAA Privacy Rule, as opposed to state substantive law, does not authorize such communications, pitting itself against many sister state courts that have interpreted the HIPAA confidentiality regulations to the contrary.
      PubDate: Tue, 17 May 2016 16:10:32 PDT
       
  • Whither Notice Pleading?: Pleading Practice in the Days Before Twombly
           

    • Authors: Jason A. Cantone et al.
      Abstract: Most scholars mark the end of notice pleading in federal civil cases at the time of the Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly or, at the latest, at the Court’s 2009 decision in Ashcroft v. Iqbal. Scholars have noted occasional departures from the notice pleading standard in more complex civil cases, but notice pleading has been thought to remain the prevalent practice in simple negligence cases. This Article examines two sets of complaints filed in federal district courts in 2006 in cases alleging injuries from simple automobile accidents. We find that notice pleading practice, as indicated by Form 11 in the Appendix of Forms that accompany the Federal Rules of Civil Procedure, had already been abandoned in these routine cases before Twombly in favor of narrative pleading that provides a fuller expression of the factual context of the claim. If pleading practice did not follow the notice pleading standard before Twombly in simple negligence cases that had the benefit of specific Form 11 guidance, it is doubtful that attorneys adhered to notice pleading practice in other more complex federal civil cases. In this regard, our findings also raise doubts about the utility of Form 11. In discussing our findings, we also briefly explore the psychology of pleading and whether the emergence of narrative pleading was an unintended consequence of a series of amendments to the Federal Rules of Civil Procedure starting in the mid-1980s and intended to allow more effective judicial management of litigation. While the Twombly/Iqbal plausibility standard certainly presents a higher standard than notice pleading, the trend is clear: pleading additional facts beyond the requirements of notice pleading predated Twombly or Iqbal and lower courts had already started to abandon the notice pleading standard.
      PubDate: Tue, 17 May 2016 16:10:21 PDT
       
  • Domestic Tranquility: The Goals of Home Protection

    • Authors: Burke Bindbeutel
      Abstract: This Article proposes an explanation for the special place of the home by surveying the development of privacy jurisprudence and grounding that development in our political tradition. Our earliest conception of rights began with a kind of home protection. But then there was a crucial shift into the abstract realm of privacy. Legal home protection has evolved beyond a ceasefire between state and citizen. Where before it was enough to stay the government’s intrusion into the home, there is today a recognition of the value of the intimate association of free individuals and the trust in government which arises from the respect shown that intimate association.
      PubDate: Tue, 17 May 2016 16:10:16 PDT
       
  • Masthead – Vol. 39, Fall 2014

    • PubDate: Tue, 17 May 2016 16:10:11 PDT
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 3.92.91.54
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-
JournalTOCs
 
 
  Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 39)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 1)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access   (Followers: 2)
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 8)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Western Journal of Legal Studies     Open Access   (Followers: 1)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 2)
William & Mary Journal of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 9)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 20)
Yale Law Journal     Open Access   (Followers: 66)
Yearbook of European Law     Hybrid Journal   (Followers: 23)
Yearbook of International Disaster Law Online     Full-text available via subscription   (Followers: 1)
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Similar Journals
HOME > Browse the 73 Subjects covered by JournalTOCs  
SubjectTotal Journals
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 3.92.91.54
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-