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Articles 121 - 150 of 155
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Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Scheherezade Meets Kafka: Two Dozen Sordid Tales Of Ideological Exclusion, Susan M. Akram
Scheherezade Meets Kafka: Two Dozen Sordid Tales Of Ideological Exclusion, Susan M. Akram
Faculty Scholarship
More than two dozen immigrants' in the United States are facing deportation2 or removal 3 proceedings based primarily on evidence that the Immigration and Naturalization Service ("INS") has refused to disclose because it is "classified.", 4 The use of secret evidence in deportation proceedings is the most powerful tool in an apparently systematic attack by U.S. governmental agencies on the speech, association and religious activities of a very defined group of people: Muslims, Arabs, and U.S. lawful permanent residents of Arab origin residing in this country. Evidence emerging from these cases indicates that the government is spending thousands of …
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Siegecraft And Surrender: The Law And Strategy Of Cities And Targets, Matthew C. Waxman
Siegecraft And Surrender: The Law And Strategy Of Cities And Targets, Matthew C. Waxman
Faculty Scholarship
The razing of Jericho; the sack of Magdeburg; the siege of Leningrad; the fire-bombing of Dresden. Ever since civilizations began organizing permanent economic settlements, cities and towns have occupied a central role in warfare and in our images of war." On almost every page of historical writings," remarked Grotius, "you may find accounts of the destruction of whole cities, or the leveling of walls to the ground, the devastation of fields, and conflagrations." A driving force behind the evolution and development of cities has been defense and security. As a result, how-ever, cities have become a primary target or object …
Compensation For Fear Of Contracting Asbestosã¢Â‚¬Â€Œrelated Diseases: Critical Reflections On An Important U.S. Supreme Court Opinion And Its Relevance For Europe, David I. Levine, Carel J. Stolker
Compensation For Fear Of Contracting Asbestosã¢Â‚¬Â€Œrelated Diseases: Critical Reflections On An Important U.S. Supreme Court Opinion And Its Relevance For Europe, David I. Levine, Carel J. Stolker
Faculty Scholarship
No abstract provided.
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Faculty Scholarship
No abstract provided.
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel
European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel
Faculty Scholarship
The title of this article represents a pun, but a pun with a point that responds to the tensions between these dreams of EMU's success and fears of its failure. The emu is a large Australian bird, but, like the better-known ostrich, the emu does not fly. However, it can run very fast. The point is, that during the early stages of planning for the EMU there were some very high-flying aspirations for what it might attain, and what its attainment might mean for the political future of the European Union. Since then, these aspirations have been considerably chilled by …
Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz
Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz
Faculty Scholarship
This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.
Homosexuals, Torts, And Dangerous Things, Katherine M. Franke
Homosexuals, Torts, And Dangerous Things, Katherine M. Franke
Faculty Scholarship
Negligent, intentional, and strict liability torts. From a canonical standpoint, whatever else one might teach, it is not a first-year torts course if these three concepts are not covered. Torts has a canon, even a Restatement. Yet a canon evolves only after some criteria of value has been established such that privileged texts can be identified according to some authoritative standard. In other words, a canon is the result of a process by which a rule of recognition identifies authoritative texts.
At what point can we say that torts became a field and an intact legal subject, the canon …
Compensation For Damage To Parties On The Ground As A Result Of Aviation Accidents, David I. Levine, Carel J. Stolker
Compensation For Damage To Parties On The Ground As A Result Of Aviation Accidents, David I. Levine, Carel J. Stolker
Faculty Scholarship
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
More Apparent Than Real: The Revolutionary Commitment To Constitutional Federalism, Martin S. Flaherty
More Apparent Than Real: The Revolutionary Commitment To Constitutional Federalism, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
The Limits Of Borders: A Moderate Proposal For Immigration Reform, Frank H. Wu
The Limits Of Borders: A Moderate Proposal For Immigration Reform, Frank H. Wu
Faculty Scholarship
No abstract provided.
Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu
Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu
Faculty Scholarship
No abstract provided.
Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu
Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu
Faculty Scholarship
No abstract provided.
Collisions Involving Tugs And Tows, Joseph Sweeney
Collisions Involving Tugs And Tows, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Admiralty Law Of Arthur Browne, Joseph Sweeney
Admiralty Law Of Arthur Browne, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu
Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu
Faculty Scholarship
No abstract provided.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Curriculum Vitae (Feminae): Biography And Early American Women Lawyers, Carol Sanger
Curriculum Vitae (Feminae): Biography And Early American Women Lawyers, Carol Sanger
Faculty Scholarship
In this review, Carol Sanger examines the recent surge of interest in the lives of early women lawyers. Using Jane Friedman's biography of Myra Bradwell, America's First Woman Lawyer, as a starting point, Professor Sanger explores the complexities for the feminist biographer of reconciling for herself and for her subject conflicting professional, political, and personal sensibilities. Professor Sanger concludes that to advance the project of women's history, feminist biographers ought not retreat to the comforts of commemorative Victorian biography, even for Victorian subjects, but should instead strive to present and accept early women subjects on their own complex terms.
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Faculty Scholarship
No abstract provided.
The Single European Act: A Constitution For The Community?, George A. Bermann
The Single European Act: A Constitution For The Community?, George A. Bermann
Faculty Scholarship
If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Faculty Scholarship
No abstract provided.
After Professional Virtue, Geoffrey C. Hazard Jr.
After Professional Virtue, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Faculty Scholarship
The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …
A Century Of Negro Education In Louisville, Kentucky., George D. Wilson
A Century Of Negro Education In Louisville, Kentucky., George D. Wilson
Faculty Scholarship
No abstract provided.
Commercial Arbitration In The Eighteenth Century: Searching For The Transformation Of American Law, Eben Moglen
Commercial Arbitration In The Eighteenth Century: Searching For The Transformation Of American Law, Eben Moglen
Faculty Scholarship
Some recent writing on the history of American law, notably that of Morton Horwitz, has observed a "transformation" in the early years of the nineteenth century as a new legal culture replaced the pre-commercial regime and altered rules of law in favor of the commercially active founders of industrial capitalism. In the course of this transformation, Horwitz argues, merchants and lawyers identified possible grounds for an "alliance," in which the lawyers gained social status and a monopoly in adjudicative institutions, while the commercial classes gained a system of law which subsidized their interests at the expense of other classes in …