Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- United States Supreme Court (7)
- Litigation (4)
- Law (3)
- Book Review (2)
- Constitutional Law (2)
-
- Evidence (2)
- First amendment (2)
- Judges (2)
- Judicial Review of Administrative Acts (2)
- Religion (2)
- Tax Exemptions (2)
- United States Constitution 14th Amendment (2)
- 1965 Voting Rights Act (1)
- Administration Discretion (1)
- Administrative Law (1)
- Adversary (1)
- Advocacy (1)
- Antitrust (1)
- Antitrust law (1)
- Arthur corbin (1)
- Bob Jones University (1)
- Bob Jones University v. United States (103 S. Ct. 2017 (1983)) (1)
- Church and State (1)
- Circuit courts (1)
- Civil Procedure (1)
- Civil Rights (1)
- Clayton Act (1)
- Codification (1)
- Commercial Law (1)
- Comparative fault (1)
Articles 1 - 30 of 52
Full-Text Articles in Entire DC Network
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
Faculty Publications
No abstract provided.
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Faculty Publications
No abstract provided.
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
Faculty Publications
No abstract provided.
Administrative Law, Paul A. Lebel
Administrative Law, Paul A. Lebel
Faculty Publications
This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Faculty Publications
This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Faculty Publications
In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …
Women Lawyers: Perspectives On Success, Dorothy Glancy
Women Lawyers: Perspectives On Success, Dorothy Glancy
Faculty Publications
No abstract provided.
Bob Jones University V. U.S.: A Political Analysis, Neal Devins
Bob Jones University V. U.S.: A Political Analysis, Neal Devins
Faculty Publications
No abstract provided.
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
Faculty Publications
No abstract provided.
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.
Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Ucc And Me In Process, Ingrid Michelsen Hillinger
Ucc And Me In Process, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer
Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer
Faculty Publications
No abstract provided.
Preface By The Dean, Dale A. Whitman
Preface By The Dean, Dale A. Whitman
Faculty Publications
It will no surprise to readers of this Journal that in recent years there has been an enormous increase of interest by lawyers in non-litigous methods of resolving disputes. We have seen a vast proliferation of newsletters, magazines, bar association committees, and other organs.
Saturday Afternoon Fever, Michael Peter Waxman
Saturday Afternoon Fever, Michael Peter Waxman
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck
Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck
Faculty Publications
The thesis of this Article is that the myth-of-neutrality argument is partially right and partially wrong. For reasons of religious liberty, the state can and should avoid any involvement with matters of religious worship, and the propagation or inculcation of matters that comprise the very heart of one's belief concerning the nature and destiny of mankind. Conversely, the state cannot retreat from the regulation of certain conduct which is arguably immoral and still claim its neutrality concerning the rightness of the conduct. The very decision by the state to withdraw its regulation, leaving the morality of the conduct up to …
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Faculty Publications
This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Faculty Publications
For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.
New Settlement Statute: Its History And Effect, David A. Fischer
New Settlement Statute: Its History And Effect, David A. Fischer
Faculty Publications
The statute concerning releases in multiple tortfeasor cases was amended to encourage settlements in two ways. It protects the settling tortfeasor from future liability for contribution, and it protects the settling claimant from having future judgments against non-settling tortfeasors reduced by more than an amount ascertainable at the time of the settlement. This article discusses the operation of the new statute and its relation to the law of contribution, indemnity, and comparative fault in Missouri.
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Faculty Publications
No abstract provided.
Labor Law, Mack Player
The Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, Mack Player
The Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, Mack Player
Faculty Publications
No abstract provided.
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins
Faculty Publications
No abstract provided.
The Right To Communicate, Howard C. Anawalt
The Right To Communicate, Howard C. Anawalt
Faculty Publications
No abstract provided.
The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen
The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen
Faculty Publications
No abstract provided.
A Structural Analysis Of The Good Moral Character Requirement For Bar Admission, Michael K. Mcchrystal
A Structural Analysis Of The Good Moral Character Requirement For Bar Admission, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Rethinking Standing, Gene R. Nichol Jr.