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Articles 1 - 30 of 439
Full-Text Articles in Law
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky
The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Part I of the Article engages the revisionists squarely on the turf they have staked out: the intent of those who framed and ratified the Second Amendment. Here I credit the revisionists with some important insights. Their research reminds us how greatly the world in which the Second Amendment was adopted differed from our own. This perspective helps us understand how the Founders could have placed the right to bear arms on par with the right to free speech--a decision that baffles many modern Americans. Yet while the revisionists correctly perceive that the right to keep and bear arms was …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
Michigan Law Review
A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
The Constitution Outside The Courts, James E. Fleming
The Constitution Outside The Courts, James E. Fleming
Faculty Scholarship
In this Book Review, Professor Fleming examines Professor Tushnet's arguments against judicial supremacy and in support of making constitutional interpretation less court-centered to pursue a populist constitutional law. The review concedes that Professor Tushnet's arguments that the “thick Constitution”--in particular, its commitments to federalism, states' rights, and separation of powers--is self-enforcing through the political processes are compelling. But it contends that he fails to make the case that the “thin Constitution”--for example, its fundamental guarantees of equality, freedom of expression, and liberty-- should be treated as similarly self-enforcing. Furthermore, Professor Fleming charges that Professor Tushnet does not adequately elaborate how …
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
BYU Law Review
No abstract provided.
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Faculty Publications
Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …
Constitutional Change And International Government, Chantal Thomas
Constitutional Change And International Government, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
Faculty Publications
No abstract provided.
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
The New World Of News Media, David Broder
The New World Of News Media, David Broder
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
University of Arkansas at Little Rock Law Review
No abstract provided.
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
University of Arkansas at Little Rock Law Review
No abstract provided.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
University of Arkansas at Little Rock Law Review
No abstract provided.
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
University of Arkansas at Little Rock Law Review
No abstract provided.
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
Campbell Law Review
No abstract provided.
The Remarkable Career Of Joe Grano, Robert A. Sedler
The Remarkable Career Of Joe Grano, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle
University of Arkansas at Little Rock Law Review
No abstract provided.
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
University of Arkansas at Little Rock Law Review
No abstract provided.
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Indiana Law Journal
No abstract provided.
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Campbell Law Review
No abstract provided.
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The aim of this article is to describe the role of health care professionals in the capital punishment process. The relationship between the protocol of capital punishment in the United States and the use of health care professionals to carry out that task has been overlooked in the literature on punishment. Yet for some time, the operation of the medical sciences in prison have been `part of a disciplinary strategy' `intrinsic to the development of power relationships'. Many capital punishment statutes require medical personnel to be present at, if not actively involved in, executions. Through analyses of these statutes, show …
Where Hannah Arendt Went Wrong, David Abraham
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Journal Articles
In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …