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- Special Relationship Bystander Test: A Rational Alternative to the Closely Related Requirement of Negligent Infliction of Emotional Distress for Bystanders
- Ready, Aim, Fire: Employing Open Records Acts As Another Weapon Against Public Law School Clinics
- Registration Open for Fall Symposium 2011 – No Child Left Behind, Ten Years Later
- Getting to the Core: Rewriting the No Child Left Behind Act for the 21st Century
- The Case of Casey Anthony: Defending the American Jury System
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Category Archives: Articles
Special Relationship Bystander Test: A Rational Alternative to the Closely Related Requirement of Negligent Infliction of Emotional Distress for Bystanders
An engaged couple was crossing Washington Street in downtown Indianapolis, Indiana, en route to the county clerk’s office to apply for a marriage license. The bride-to-be noticed a tractor-trailer bearing down on her and her fiancé. Realizing that the truck … Continue reading
Posted in Articles, Legal Issues
Tagged bystander, damages, negligent infliction of emotional distress, nied, torts
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Ready, Aim, Fire: Employing Open Records Acts As Another Weapon Against Public Law School Clinics
“Information is the oxygen of democracy.” Indeed, transparency in government is the essence of any democratic system – without it, corruption is free to thrive in secrecy. Therefore, it is essential to provide the citizenry with freedom of information as … Continue reading
Getting to the Core: Rewriting the No Child Left Behind Act for the 21st Century
Any consideration of the next generation of law-based education reform must address the dual goals of insuring public accountability for all schools to educate all students, as well as insuring every child’s individual opportunity to learn meaningful content. The impending … Continue reading
Posted in Articles, Legal Issues
Tagged Adequate Yearly Progress, Education, Education reform, Elementary and Secondary Education Act, No Child Left Behind Act
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Multiple Defendant Cases: When the Death Penalty is Imposed on the Less Culpable Offender
When more than one person is involved in a crime resulting in death, in most jurisdictions the felony murder doctrine operates to render everyone equally responsible for murder. Lay people often find it surprising, and somewhat disturbing, that the “lookout” … Continue reading
Posted in Articles, Legal Issues
Tagged Capital punishment, Crime and Justice, Death Penalty, Life imprisonment, Murder
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“Using Persons” and the Justification of Punishment
The short essay that follows has a very modest ambition. I want to explain why I have difficulty understanding a common motif in discussions of the moral status of criminal punishment. The goal is to stimulate other, more acute scholars … Continue reading
Posted in Articles, Legal Issues
Tagged Crime and Justice, Punishment, Retributive justice
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Vernor v. Autodesk: An Erosion of First Sale Rights
The first-sale doctrine is a long-standing exception to the exclusive right to distribution granted under copyright law. It provides that a copyright holder, after the initial sale of a copy of a work, has no right to control any downstream … Continue reading
Posted in Articles, Legal Issues
Tagged Copyright, First Sale Doctrine, Intellectual property
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Clearing and Trade Execution Requirements for OTC Derivatives Swaps Under the Frank- Dodd Wall Street Reform and Consumer Protection Act
This article examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the … Continue reading
New Governance and the Role of Public and Private Monitoring of Labor Conditions: Sweatshops and China Social Compliance for Textile and Apparel Industry/CSC9000T
Effective regulation has three essential components. First, the law must develop standards; second, there must be sufficient monitoring of compliance to detect non-compliance; and third, there must be some form of motivation to avoid non-compliance. The growth in international trade … Continue reading
Posted in Articles, Legal Issues
Tagged China, International Law, Regulatory compliance, Sweatshop
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Remediation of Unfair Labor Practices and the EFCA: Justifications, Criticisms, and Alternatives
There is widespread agreement that labor relations in America are in drastic need of reform. The National Labor Relations Board has a record backlog of cases, election disputes are taking unacceptably long to resolve, and unfair labor practices abound throughout … Continue reading
Posted in Articles, Legal Issues
Tagged Employee Free Choice Act, Labor Law, National Labor Relations Board, Unfair labor practice
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Defining Intellectual Disability: Fetal Alcohol Spectrum Disorders and Capital Punishment
The Center for Disease Control and Prevention estimates that, for every 1,000 live births in the United States, there are between 0.2 and 1.5 cases of a preventable mental disorder, Fetal Alcohol Syndrome (FAS). However, FAS only represents a small … Continue reading
Posted in Articles, Legal Issues
Tagged Conditions and Diseases, Disorders, Fetal alcohol spectrum disorder, Fetal Alcohol Syndrome, Mental Health
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