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Articles 91 - 120 of 123
Full-Text Articles in Law
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter
UIC Law Review
No abstract provided.
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Reinventing The Russian State: Problems Of Constitutional Implementation, 28 J. Marshall L. Rev. 775 (1995), Robert Sharlet
Reinventing The Russian State: Problems Of Constitutional Implementation, 28 J. Marshall L. Rev. 775 (1995), Robert Sharlet
UIC Law Review
No abstract provided.
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
UIC Law Review
No abstract provided.
Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.
Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Other Publications
No abstract provided.
Pillow Talk, Richard Hyland
Pillow Talk, Richard Hyland
American University Journal of Gender, Social Policy & the Law
No abstract provided.
At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson
At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
External Sovereignty And International Law, Ronald A. Brand
External Sovereignty And International Law, Ronald A. Brand
Articles
This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Fiduciary Rules And Rupa, J. Dennis Hynes
Closing Argument, James H. Seckinger
Closing Argument, James H. Seckinger
Journal Articles
To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”
An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
Journal Articles
I first met John Noonan at a Law Review dinner when I was a year or so out of law school and he was a third year student. Chance placed us at the same table, and the conversation-naturally-proved to be more interesting than the speeches.
I am honored, indeed, blessed, to have been exposed to that witness for so many decades, and deeply grateful for the opportunity to come here on this occasion and bear my own witness in return.
An Introduction To The Symposium, William G. Eckhardt
An Introduction To The Symposium, William G. Eckhardt
Faculty Works
Professor William Eckhardt introduces the ideas which initiated planning for and later emanated from UMKC School of Law Symposium “Don't Ask, Don't Tell-Implementation and Litigation.” As the title suggests, the Symposium examined the complex and important issues surrounding the policy of the United States toward gays and lesbians in the Armed Forces. This communitywide event was centered in the UMKC Law School Courtroom on the evening of April 11, 1995.
The idea for this Symposium was conceived by Professor Samuel A. Marcosson, a senior attorney in the Office of General Counsel of the Federal Equal Employment Opportunity Commission. It was …
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Publications
No abstract provided.
The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel
The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Michigan Journal of International Law
In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.
Holmes's Legacy And The New Constitutional History, Eben Moglen
Holmes's Legacy And The New Constitutional History, Eben Moglen
Faculty Scholarship
The most significant collaborative effort in the literature of American constitutional history, the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, is nearing completion. A generation has passed since the appearance of the first volume, authored by Julius Goebel, Jr., and (after many vicissitudes affecting several of the works in the series) the appearance of this volume marks the antepenultimate stage. Though Professor Fiss's remarkable achievement deserves to be viewed primarily on the basis of its own merits as a study of the Fuller Court, a just appreciation of its contribution to the literature requires …
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Articles in Law Reviews & Other Academic Journals
The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'
The End Of Roman Juristic Writing, Alan Watson
The End Of Roman Juristic Writing, Alan Watson
Scholarly Works
The traditional date for the end of classical Roman law is 235 when the emperor Alexander Severus was murdered, or slightly later with the death of Modestinus, the last of the great known jurists. Thereafter, few original juristic books were written, and it is widely but not universally believed that a decline in legal standards began almost at once.
For many scholars there seems to exist a connection, sometimes simply implicit, between the failure of jurists to write new books, and a decline in legal standards. I should like to suggest there was a different reason for jurists ceasing to …
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.