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Full-Text Articles in Law

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Oct 2013

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert Bloom

No abstract provided.


Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom Oct 2013

Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom

Robert Bloom

No abstract provided.


Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Oct 2013

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert Bloom

No abstract provided.


Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron Aug 2013

Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron

Charles H. Baron

No abstract provided.


Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron Aug 2013

Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron

Charles H. Baron

No abstract provided.


The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr. Jul 2002

The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.

Dr. Muhammad Munir

Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …


It's Time To Federalize Corporate Charters, Kent Greenfield Jun 2002

It's Time To Federalize Corporate Charters, Kent Greenfield

Kent Greenfield

No abstract provided.


Until Life Support Do Us Part: A Spouse's Limited Ability To Terminate Life Support For An Incompetent Spouse With No Hope Of Recovery, Marybeth Herald May 2002

Until Life Support Do Us Part: A Spouse's Limited Ability To Terminate Life Support For An Incompetent Spouse With No Hope Of Recovery, Marybeth Herald

Marybeth Herald

This paper deals with a MCS patient in California - a case that highlights our uncertain steps into state regulation of the end of life. After a 1993 automobile accident, 42-year-old Robert Wendland fell into the classification of a MCS with no hope of recovery. He had made no advance directives as to his health care. His wife of 20 years sought to withhold artificial feeding and hydration after three surgeries to replace Robert's feeding tube. The 20-member ethics committee at the hospital, Robert and Rose's three children (two were of college age), and Robert's brother, all supported her decision. …


September 11 And The End Of History For Corporate Law, Kent Greenfield May 2002

September 11 And The End Of History For Corporate Law, Kent Greenfield

Kent Greenfield

Using the tragic events of September 11th as case study; this Essay critiques a prominent, recent article that suggests the ideology of shareholder primacy has become so dominant that the "end of history" is at hand for corporate law. The author suggests that a dedication to shareholder primacy helped create the context in which the events of September 11th could occur, by making the airlines less attentive to security concerns that did not affect the airline companies' stock prices. Shareholder primacy makes corporations more likely to externalize the costs of the firms' decisions onto constituencies other than shareholders, and such …


Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson May 2002

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson

Darren L Hutchinson

Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness.

After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.


The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock Feb 2002

The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock

Beau James Brock

The costs of committing environmental crimes are going up in Louisiana as increased enforcement by EPA-CID has been initiated with other federal and state partners.


Terrorism After September 11: A Perspective From America's Heartland, Michael Scaperlanda, Matthew Kane Dec 2001

Terrorism After September 11: A Perspective From America's Heartland, Michael Scaperlanda, Matthew Kane

Michael A. Scaperlanda

No abstract provided.


Zelman V. Simmons-Harris And The Politicization Of Religion, Lawrence Hamermesh Dec 2001

Zelman V. Simmons-Harris And The Politicization Of Religion, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.


Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron Dec 2001

Nutrition And Hydration In Pvs Individuals: The Cruzan, Bland And Englaro Cases, Charles Baron

Charles H. Baron

No abstract provided.


Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Dec 2001

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.


Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Dec 2001

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert M. Bloom

No abstract provided.


Equity And Efficiency In Markets For Ideas, Richard Adelstein Dec 2001

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.


Publicity In Criminal Cases, Scott Howe Dec 2001

Publicity In Criminal Cases, Scott Howe

Scott W. Howe

No abstract provided.


New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson Dec 2001

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron Dec 2001

Regulating Bioethics With Judge-Made Law: The American Experience, Charles Baron

Charles H. Baron

No abstract provided.


Decisioni Di Vita O Di Morte: Giudici Vs. Legislatori Come Fonti Del Diritto Bioetica, Charles Baron Dec 2001

Decisioni Di Vita O Di Morte: Giudici Vs. Legislatori Come Fonti Del Diritto Bioetica, Charles Baron

Charles H. Baron

No abstract provided.


American Legal Education, Robert Bloom Dec 2001

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.


Producing Trousered Apes In Dwyer's Totalitarian State: A Review Of "Vouchers Within Reason", Michael Scaperlanda Dec 2001

Producing Trousered Apes In Dwyer's Totalitarian State: A Review Of "Vouchers Within Reason", Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Kulturkampf In The Backwaters: Homosexuality And Immigration Law, Michael Scaperlanda Dec 2001

Kulturkampf In The Backwaters: Homosexuality And Immigration Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan Dec 2001

A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.


Deshaney’S Legacy In Foster Care And Public School Settings, Mary Kate Kearney Dec 2001

Deshaney’S Legacy In Foster Care And Public School Settings, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.


Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins Dec 2001

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins

Ira P. Robbins

In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …


Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins Dec 2001

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …


Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan Dec 2001

Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Erin Ryan

Municipal land use bargaining may imply as many problems as it heralds promise, but it is widely acknowleged as the universal language of land use planning. Planners and scholars agree that public-private negotiation plays a central role in the vast majority of local land use decision-making. At least in part, this is a result of the peculiar attributes of the resource at issue. Land is, perhaps, the ultimate nonfungible. Each parcel of land possesses unique characteristics not only in its physical attributes, but also by virtue of its location, and its proximity to other unique parcels. Moreover, land uses implicate …