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Articles 91 - 120 of 1045
Full-Text Articles in Law
Palavras Claras, Paulo Ferreira Da Cunha
Palavras Claras, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Cuidemos das palavras. É tão fácil identificar um novo-rico cultural ou um tecnocrata vazio pela linguagem de plástico... Essa linguagem (voltei a ver agora numa releitura de António Telmo, mas já está em Confúcio), molda mesmo a mente. Quem assim fala, assim pensa. É critério infalível.
October 20, 2010: What Does Altruism Tell Us About The Nature Of The Universe?, Bruce Ledewitz
October 20, 2010: What Does Altruism Tell Us About The Nature Of The Universe?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Does Altruism Tell Us About the Nature of the Universe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Lições Do Kiwi, Paulo Ferreira Da Cunha
Lições Do Kiwi, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Nenhum desafio, nem mesmo o do sabor de um fruto descrito por palavras, pode ficar sem resposta – ainda que aproximativa; a ausência de convenções sobre o como fazer não deve paralisar quem quer fazer; a analogia com o fazer outras coisas pode servir de inspiração; mas não se pode fazer algo de novo, ou face a coisas novas meramente repetindo o antigo – é preciso alguma inovação, ainda que na reunião dos meios; finalmente, cada coisa, cada desafio novo, cada nova tarefa, convoca instrumentos adequados, e não outros.
October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz
October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz
Hallowed Secularism
Blog post, “Woody Allen’s Hell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 14, 2010: Why Is Snyder V. Westboro Baptist Church A Free Speech Case?, Bruce Ledewitz
October 14, 2010: Why Is Snyder V. Westboro Baptist Church A Free Speech Case?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why is Snyder v. Westboro Baptist Church a free speech case?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners’ Access To The Courts, Ira P. Robbins
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners’ Access To The Courts, Ira P. Robbins
Ira P. Robbins
Compared with other litigants, pro se prisoners are at an inherent disadvantage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …
Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins
Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins
Ira P. Robbins
Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina's victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP. When the inmates …
October 9, 2010: What Will Future Secularism Be Like?, Bruce Ledewitz
October 9, 2010: What Will Future Secularism Be Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Will Future Secularism Be Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Derecho Y Eficiencia Económica, Fernando Castillo Cadena
Derecho Y Eficiencia Económica, Fernando Castillo Cadena
Fernando Castillo Cadena
No abstract provided.
República E Monarquia: Desfazendo Confusões, Paulo Ferreira Da Cunha
República E Monarquia: Desfazendo Confusões, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Há pelo menos três sentidos essencias da palavra República... Se os confundirmos, estamos perdidos, nunca nos entenderemos. O sentido mais profícuo é o material ou substancial e intermédio: nem o que diz que todas as sociedades políticas o são (sentido hoje quase esquecido), nem o que identifica formalmente as repúblicas com todas as sociedades que não têm rei, sem lhes verificar requisitos éticos. Há um "quid" especial nas Repúblicas para quem é republicano. E que não tem nada a ver com o que nelas vêem os monárquicos ou os indiferentes (?)...
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
Golden Gate University Law Review
In Quon v. Arch Wireless Operating Co., a panel of the United States Court of Appeals for the Ninth Circuit held that a public employer violated the Fourth Amendment by searching the contents of text messages sent and received on a public employee's work-issued pager. In so holding, the Ninth Circuit found that the public employee had a reasonable expectation of privacy in the contents of the text messages, despite a formal Internet and computer policy stating otherwise. Relying on the two-part O'Connor test for public-employer searches, the court found that the search was more intrusive than necessary to determine …
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Golden Gate University Law Review
This Note explains that in Fashion Valley Mall, for the first time since the California high court decided Pruneyard nearly thirty years earlier, the court directly affirmed the notion that the California Constitution's liberty clause protects the right to free-speech activities on private property, such as a large shopping mall, that has taken on the characteristics of a traditional downtown business district. This Note further asserts that the majority's opinion in Fashion Valley Mall requires a different approach from that taken by the state appellate courts in deciding whether "stand-alone stores" such as Target and Trader Joe's also qualify as …
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Golden Gate University Law Review
Part I also explains the varied standards that were previously used when deciding what constitutes an adverse employer action and how the Supreme Court's recent decision in Burlington Northern resolved a split among the circuits. In Burlington Northern, the Supreme Court adopted a deterrence test to define adverse employer actions, which means the employer action must be harmful to the point that it would deter a reasonable employee of complaining of discrimination. Part II analyzes the actual effects of this decision, focusing in particular on DeHart. It shows how DeHart misapplied the deterrence standard by focusing on whether the employer …
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
Derek W. Black
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
An Integrative Alternative For America's Privacy Torts, Robert M. Connallon
An Integrative Alternative For America's Privacy Torts, Robert M. Connallon
Golden Gate University Law Review
Rugg and Smith encapsulate a transition between two approaches to tort protection of privacy. Rugg reflects the unitary-tort theory, which recognizes a single tort and seeks only to determine if the plaintiff's interest in privacy has been breached by the defendant's behavior. Smith reflects the multiple-tort approach that recognizes four torts, encompassing four ways in which privacy is breached, that have in common only an interference with a loosely defined understanding of privacy. This understanding of the privacy tort was lifted from the Restatement (Second) of Torts (1977), which adopted a construct first proffered by Dean William Prosser in a …
Out Of Step: When The California Street Terrorism Enforcement And Prevention Act Stumbles Into Penal Code Limits, J. Franklin Sigal
Out Of Step: When The California Street Terrorism Enforcement And Prevention Act Stumbles Into Penal Code Limits, J. Franklin Sigal
Golden Gate University Law Review
This Comment focuses on how the multiple-punishment prohibition of section 654 applies to the enhancements of one particular California statute: the Street Terrorism Enforcement and Prevention ("STEP") Act, a piece of anti-gang legislation passed in 1988 in the wake of rampant gang-related violence in the Los Angeles area. Specifically, this discussion centers on the imposition of multiple gang-enhancement provisions on a single defendant who engages in a single crime spree. If section 654 does apply to gang enhancements, then the prosecutorial practice of attaching them to every criminal charge in an indictment violates the intent of this Penal Code section, …
To Download Or Not To Download: Is Mere Membership Enough To Justify A Search Of A Home Computer For Child Pornography Under United States V. Gourde?, Erin Frazor
Golden Gate University Law Review
In the nine to two decision by the en banc Ninth Circuit panel in United States v. Gourde, the court ruled that probable cause existed to search the defendant's home computer based in part on his two-month subscription to a website that offered child pornography. The majority opinion sought to conform to Supreme Court precedent in its probable cause analysis, while the dissenting opinions expressed great concern about the door being opened to this type of governmental invasion of privacy. Gourde has sparked reactions by commentators regarding the implications of the decision, and has influenced the analysis of subsequent child …
Uncovering Fraud Against The Government By Way Of Freedom Of Information Act Requests: United States V. Catholic Healthcare West, Katherine Watts
Uncovering Fraud Against The Government By Way Of Freedom Of Information Act Requests: United States V. Catholic Healthcare West, Katherine Watts
Golden Gate University Law Review
In United States v. Catholic Healthcare West, the Ninth Circuit held that when information leading to a False Claims Act ("FCA") suit is obtained from a Freedom of Information Act ("FOIA") request, that suit is not necessarily barred for lack of subject matter jurisdiction. The FCA contains a jurisdictional bar prohibiting suits based on publicly disclosed information from certain enumerated sources. The Ninth Circuit disagreed with the Third Circuit and found that information obtained from an FOIA request does not necessarily bar a FCA claim. The court found that the inquiry should not be whether the FOIA response qualifies as …
Nonconsensual Waiver Of A Jury Trial: Closing The Door, But Not Completely: United States V. United States District Court, Dije Ndreu
Golden Gate University Law Review
In United States v. United States District Court, the Ninth Circuit held that the circumstances of a child sexual abuse case did not warrant an exception to Rule 23 of the Federal Rules of Criminal Procedure, which requires the government's consent for a defendant to waive a jury trial. The court determined that the district court's ruling, which allowed the defendant to waive a jury trial without the government's consent, was clearly erroneous as a matter of law, and granted the government's petition for a writ of mandamus to require the district court to hold a jury trial.
An Employer's Use Of Federal Safety Standards To Exclude Individuals With Disabilities: Bates V. United Parcel Service, Inc., Ian Hansen
Golden Gate University Law Review
In Bates v. United Parcel Service, Inc., the United States Court of Appeals for the Ninth Circuit held that a plaintiff challenging a categorical safety-based "qualification standard" under the Americans with Disabilities Act does not have the burden of establishing that she could perform the essential function of generally performing the job "safely." The plaintiff is instead merely required to show that she is "qualified" in the sense that she has satisfied all prerequisites for the position, including any safety-related prerequisites not connected with the challenged criterion. The burden will then shift to the defendant to establish that the challenged …
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Golden Gate University Law Review
In ACLU of Nevada v. City of Las Vegas, the Ninth Circuit held that a local "solicitation" ordinance enacted by the City of Las Vegas violated the plaintiffs' rights to expressive speech under the First Amendment. Additionally, the Ninth Circuit held that a "tabling" ordinance, which provided a labor-related exception, violated the plaintiffs' right to equal protection guaranteed by the Fourteenth Amendment. The court also decided an issue of flrst impression: whether the practice of erecting tables in a public forum for the purpose of disseminating information constitutes expressive activity and is therefore deserving of First Amendment protection. The Ninth …
United States V. Thomas: Ninth Circuit Misunder-"Standing": Why Permission To Drive Should Not Be Necessary To Create An Expectation Of Privacy In A Rental Car, Matthew M. Shafae
United States V. Thomas: Ninth Circuit Misunder-"Standing": Why Permission To Drive Should Not Be Necessary To Create An Expectation Of Privacy In A Rental Car, Matthew M. Shafae
Golden Gate University Law Review
This Note argues that the proper inquiry for determining whether a defendant has a legitimate expectation of privacy in a rental vehicle when that defendant is the unauthorized driver of a rental car is the totality-of-the-circumstances test, not the permission test adopted by the Ninth Circuit. A test requiring permission is unsupported by Supreme Court precedent and will yield inconsistent results when applied. Part I provides a brief historical background for challenges to Fourth Amendment searches. Part II sets forth the background and analysis of the opinion in focus, United States v. Thomas. Part III evaluates the court's analysis in …
October 5, 2010: Sam Harris And Objective Morality, Bruce Ledewitz
October 5, 2010: Sam Harris And Objective Morality, Bruce Ledewitz
Hallowed Secularism
Blog post, “Sam Harris and Objective Morality“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Alan E Garfield
No abstract provided.
An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood
Golden Gate University Law Review
This Note will discuss how courts approach pretrial detainees' claims of punishment, exploring both Fourteenth Amendment Due Process claims and privacy rights under the Fourth Amendment. It will go on to discuss Demery's implications for Fourth Amendment privacy rights of pretrial detainees. Part I explores the protections pretrial detainees are afforded under the Fourteenth Amendment Due Process Clause." Part l.A discusses the general differences between pretrial detainees and convicted prisoners. Part I.B considers two Supreme Court cases - Bell v. Wolfish and Block v. Rutherford - that address the standards used in evaluating punishment claims in a pretrial detention context …
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate
San Diego International Law Journal
This Article analyzes two key critical moments in the empowerment of the Supreme Court of India--the assertion of the basic structure doctrine, in which the Court asserted that constitutional amendments may be held unconstitutional on substantive grounds, and the development of the Public Interest Litigation (PIL) regime, through which the Court sought to protect and promote the rule of law and assume an expanded role in governance. I argue, in this article, that these two moments are exemplars of two types of moments that capture distinct aspects of the role of courts in different polities--"constitutional entrenchment" and "judicialization of governance" …
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
All Faculty Scholarship
In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.