legal doctrine of waiver

• The Price of Pretrial Release: Can We Afford to Keep Our Fourth Amendment Rights?

Introduction. -I. The Law Governing Pretrial Detention and Release Conditioned on a Fourth Amendment Waiver: A. The Bail Reform Act of 1984. B. The Ninth Circuit's Decision in United States v. Scott. C. The Word From the Supreme Court: 1. The Government Can Detain Arrested Persons Prior to Trial. 2. The Government Can Search Probationers' Homes Without a Warrant. 3. The Government Can Search a Parolee's Person Without Reasonable Suspicion and Absent a Warrant. D. Post-Conviction Blanket Fourth Amendment Waivers and the Federal Courts of Appeal. -II. Pretrial Release Conditioned on a Fourth Amendment Waiver Should Be Permitted: A. The Dilemma. B. Waivers Can Be Consensual. C. Blanket Waivers Should Be Voluntary and Knowing. D. The Defendant's Right to Consent. -III. If Fourth Amendment W...

... not decided whether an arrested person is legally permitted to exchange Fourth Amendment rights for ... and that the unconstitutional conditions doctrine, the Bail Reform Act, and basic contract concepts ...

• Iowa Law Review
• Nbr. 92-1, November 2006

• AT&T Mobility v. Concepcion - Impact Of The Supreme Court's Decision On Employment Class Action.

... the above framework to class action waivers in arbitration agreements. The Court held that whe... in California's unconscionability doctrine, is a ground that "exists at law or in equity for ... that might otherwise slip through the legal system. Justice Breyer wrote: "what rational lawye...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Setser v. United States, 566 U.S. (2012)

... that he had not relied on the prior legal regimeat the time he committed the disqualifying c... legislation "embodies a legal doctrine centuries older thanour Republic." Id., at 265. N..., he would have been eligible toapply for a waiver of deportation. But his removal proceeding wascomm...

• U.S. Supreme Court

• Denying Sovereignty: The Louisiana Supreme Court?s Rejection of the Tribal Exhaustion Doctrine

• Louisiana Law Review
• Nbr. 71-4, July 2011

• Vartelas v. Holder, 566 U.S. (2012)

... that he had not relied on the prior legal regimeat the time he committed the disqualifying c... legislation "embodies a legal doctrine centuries older thanour Republic." Id., at 265. N..., he would have been eligible toapply for a waiver of deportation. But his removal proceeding wascomm...

• U.S. Supreme Court

• Interactive Gift Express, Inc. (Now Known as E-Data, Corp.), Plaintiff-Appellant, v. Compuserve Incorporated, and Broderbund Software, Inc. and Intuit, Inc., and Internet Software Inc. (Now Known as Internet Shopping Network, Inc.), and Softlock Services, Inc., and Telebase Systems, Inc., and the Library Corporation, and Waldenbooks, and Ziff-Davis Publishing Company, Defendants-Appellees, and Apogee Software Limited, and Soft & Net Distribution, S.A., Defendants., 256 F.3d 1323 (Fed. Cir. 2001)

... purpose of addressing the issues of waiver and judicial estoppel, and. (2) the petition for r...'s binding positions and acknowledge our doctrines of waiver and judicial estoppel, but do not alter ... of the Freeny patent and the relevant legal standards for claim construction. See id. The dist...

• Federal Circuits

• Lafler v. Cooper, 566 U.S. (2012)

... that he had not relied on the prior legal regimeat the time he committed the disqualifying c... legislation "embodies a legal doctrine centuries older thanour Republic." Id., at 265. N..., he would have been eligible toapply for a waiver of deportation. But his removal proceeding wascomm...

• U.S. Supreme Court

• Contracting to Supplement Fair Use Doctrine

[...] Part ? will present the historical development of the doctrine from judicial formation as an equitable defense, to codification as a non-exhaustive set of factors, to its preservation in a digital world. [...] Part ?? will conclude with the judicial recognition and enforcement of these novel contracts.6 With Parts II and III tracing the contours of both mechanisms, Part IV will explain how the use of conditional waiver contracts can resolve the inherent weaknesses of the fair use doctrine without abridging its applicability. [...] because the general scope of contracting is relatively larger than that of the fair use doctrine, conditional waiver contracts are applicable to more uses.254 In conclusion, utilization of conditional waiver contracts to supplement fair use doctrine ca...

... copyright law and has manifested in various legal mechanisms. This Note will compare two mechanisms ...

• University of Memphis Law Review, The
• Vol. 39 Nbr. 3, April 2009

• Zivotofsky v. Clinton, 566 U.S. (2012)

... that he had not relied on the prior legal regimeat the time he committed the disqualifying c... legislation "embodies a legal doctrine centuries older thanour Republic." Id., at 265. N..., he would have been eligible toapply for a waiver of deportation. But his removal proceeding wascomm...

• U.S. Supreme Court

• A Grotian moment: changes in the legal theory of statehood.

..., causing the emergence of new rules and doctrines of international law (statehood), has been describ... of the so-called involuntary sovereignty waiver. (87) According to this theory, states waive their...

• Denver Journal of International Law and Policy
• Vol. 39 Nbr. 2, March 2011