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Articles 1 - 30 of 218
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"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Boilerplate Symposium I: Peter Alces On Consent, Peter A. Alces
Boilerplate Symposium I: Peter Alces On Consent, Peter A. Alces
Peter A. Alces
No abstract provided.
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Russell L. Weaver
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
Russell L. Weaver
Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …
Property-As-Society, Timothy M. Mulvaney
Property-As-Society, Timothy M. Mulvaney
Timothy M. Mulvaney
Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …
Family Law And Female Empowerment, Andrea B. Carroll
Family Law And Female Empowerment, Andrea B. Carroll
Andrea Beauchamp Carroll
No abstract provided.
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Donald L. Beschle
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
The Competing Objectives Underlying The Protection Of Intangible Cultural Heritage, Peter K. Yu
The Competing Objectives Underlying The Protection Of Intangible Cultural Heritage, Peter K. Yu
Peter K. Yu
One topic that has received considerable academic and policy attention concerns the key objectives underlying the establishment of this new framework. To help us develop a better and deeper understanding, this article outlines eight most widely documented objectives. While some of these objectives overlap or conflict with each other, others touch on issues that are of only marginal concern to some constituencies. By focusing on each objective in turn, this article aims to underscore the divergent, and at times competing, interests among the many stakeholders involved in the framework.
Although some readers may find the description of all eight underlying …
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Suzanna Sherry
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Mark Edwin Burge
In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …
Plastic Injuries, Anne Bloom
Plastic Injuries, Anne Bloom
Anne Bloom
Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Teresa A. Miller
This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sonia Katyal
No abstract provided.
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
Erwin Chemerinsky
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
Catherine Fisk
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Charles J. Russo
Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …
The Trial And Incarceration Of Andy Dufresne, Jonathan K. Van Patten
The Trial And Incarceration Of Andy Dufresne, Jonathan K. Van Patten
Jonathan Van Patten
No abstract provided.
Article Dedication To Patrick K. Duffy (The Trial And Incarceration Of Andy Dufresne), Jonathan K. Van Patten
Article Dedication To Patrick K. Duffy (The Trial And Incarceration Of Andy Dufresne), Jonathan K. Van Patten
Jonathan Van Patten
No abstract provided.
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Stephen E Henderson
The Second Amendment & Private Law (2017), Cody Jacobs
The Second Amendment & Private Law (2017), Cody Jacobs
Cody Jacobs
No abstract provided.
Camden History V4 N2, Ian Willis
Camden History V4 N2, Ian Willis
Ian Willis
CAMDEN HISTORY Journal of the Camden Historical Society Inc. Contents Brian Stratton - the story of a local artist 40 Linda and David van Nunen Memories of Barbering 50 Col Smith Horse History in Western Sydney: Kirkham Stud 60 Mark Latham Dairy Farmer to Young Local Historian 67 Sophie Mulley Echoes of the Appin Massacre 1816 76 Ian Willis Growing up in Camden 81 Joy Riley President's Report 2015 - 2016 86 Bob Lester Pansy, The Camden - Campbelltown Train 91 Photographs by Wayne Bearup Camden Arcade 25th Anniversary Address 97 Christos Scoufis A Personal Reflection on Local History Studies …
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett
Richard W Garnett
The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …
The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer
The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff
I Can See Clearly Now: Videoconference Hearings And The Legal Limit On How Tribunals Allocate Resources, Lorne Sossin, Zimra Yetnikoff
Lorne Sossin
Videoconferencing has generated ambivalence in the legal community. Some have heralded its promise of unprecedented access to justice, expecialy for geographicaly remote communities. Others, however, have questioned whether videoconferencing undermines fairness. The authors explore the impl'cations of videoconferencing through the case study of the Ontario Landlord and Tenant Tribunal, which is one of the busiest adjudicative bodies in Canada. This anaysis hig hghts concerns both with videoconferendng in princp4 and in practice. While such concerns traditionally have been the province of public administration, the authors argue that a tribunals allocation of resources and the suffidengy of its budget are also …
European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa
European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa
Mohamed Raffa Dr.
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Sonia Katyal
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Exporting Identity, Sonia Katyal
Exporting Identity, Sonia Katyal
Sonia Katyal
Now is the ideal time to study the limitations and possibilities of a global gay rights movement. The term "gay" has been borrowed into Japanese, Portuguese, Spanish, Thai, Turkish, and other languages, signifying its increasingly perceived universality. Gay and lesbian organizations now exist in virtually every continent and in many major urban centers throughout the world. A growing number of legislators and judges have taken up the cause of gay civil rights, and have actively supported protections based on sexual orientation in a host of areas, such as adoption, employment, domestic partnership, and immigration. Throughout these global developments, American activists, …
Politically Motivated Bar Discipline, James E. Moliterno
Politically Motivated Bar Discipline, James E. Moliterno
James E. Moliterno
Bar discipline and admission denial have a century-long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
Felice J Batlan
Angry Employees, Susan D. Carle