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Articles 1 - 30 of 355
Full-Text Articles in Entire DC Network
Why Withdrawal Of Life-Support For Pvs Patients Is Not A Family Decision, Charles Baron
Why Withdrawal Of Life-Support For Pvs Patients Is Not A Family Decision, Charles Baron
Charles H. Baron
No abstract provided.
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Lessons Of Founding Fatherhood, Neal Devins
A Moderate Anti-Abortion View, Bruce Ledewitz
A Moderate Anti-Abortion View, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Passport Photos And Stays Of Execution, Bruce Ledewitz
Passport Photos And Stays Of Execution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers
Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers
BYU Law Review
No abstract provided.
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Et Tu Raoul? Or The Original Misunderstanding Misunderstood, Stephen B. Presser
Et Tu Raoul? Or The Original Misunderstanding Misunderstood, Stephen B. Presser
BYU Law Review
No abstract provided.
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
Student Newspapers
No abstract provided.
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
Journal Articles
No abstract provided.
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Faculty Scholarship
Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.
Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz
Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
The Sun Rises On The Florida Legislature: The Constitutional Amendment On Open Legislative Meetings, Thomas Ross Mcswain
Florida State University Law Review
No abstract provided.
The Supreme Court And The Bill Of Rights, Robert A. Sedler
The Supreme Court And The Bill Of Rights, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Osgoode Hall Law Journal
Professor Massey discusses the theoretical benefits of decentralized federalism and proposes constitutional changes to obtain those benefits and to respond to the disparate aspirations of the Canadian polity. He proposes that the provinces and federal government share concurrent authority over most powers, with provincial legislation paramount in cases of conflict. He suggests an empowered Senate, partially selected by the provinces and partially appointed by the federal government, aboriginal self-government, and territorial Senate representation. Finally, Massey proposes altering the constitutional amending formula to enhance public participation and facilitate amendment where unanimity is not critical.
Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock
Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock
University of Arkansas at Little Rock Law Review
No abstract provided.
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Florida State University Law Review
No abstract provided.
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
Paradox And Pandora's Box: The Tragedy Of Current Right-To-Die Jurisprudence, Cathaleen A. Roach
University of Michigan Journal of Law Reform
Part I of this Article examines the trilogy of recent right-to-die cases and contrasts the results of those cases with recent national opinion polls and statistical surveys of the issue. Part II examines federal and state legislative responses to the debate. It suggests that both the courts and legislatures are out of sync with an emerging national consensus on the death-with- dignity debate. In fact, the federal legislative response may only exacerbate the problem. Instead of creating new rights, it feeds individuals into the existing state network, which is a quagmire of confusing and inequitable statutory provisions. Part III examines …
Constitutional Law—Taxation—Intramedia Differential Tax Scheme Upheld. Leather V. Medlock, 111 S. Ct. 1438 (1991)., John W. Campbell
Constitutional Law—Taxation—Intramedia Differential Tax Scheme Upheld. Leather V. Medlock, 111 S. Ct. 1438 (1991)., John W. Campbell
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile
University of Arkansas at Little Rock Law Review
No abstract provided.
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Buffalo Law Review
No abstract provided.
Rethinking Civil Liberties Under The Washington State Constitution, James W. Talbot
Rethinking Civil Liberties Under The Washington State Constitution, James W. Talbot
Washington Law Review
In 1986 the Washington Supreme Court set forth six criteria for courts to apply in determining whether the state constitution affords broader protection for civil liberties than the federal Constitution. While making progress toward an independent interpretation of the state constitution, Washington courts remain overly dependent on federal precedent. This Comment explores Washington's approach to independent analysis of the state constitution by examining a recent Washington case extending a privacy interest to an individual's garbage. Washington's approach needs to be modified to emphasize independent analysis of the state constitution and thereby give effect to Washington's unique and vital constitutional heritage.
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Faculty Publications
No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
Research Collection Yong Pung How School Of Law
Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …
The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal
The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal
Washington and Lee Law Review
No abstract provided.
Employment Division V. Smith: A Giant Step Backwards In Free Exercise Jurisprudence, Randy T. Austin
Employment Division V. Smith: A Giant Step Backwards In Free Exercise Jurisprudence, Randy T. Austin
BYU Law Review
No abstract provided.
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
West Virginia Law Review
No abstract provided.
Original Intent: Bittker V. Berger, Raoul Berger
1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise
Washington and Lee Law Review
No abstract provided.