Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Louisiana State University (45)
- Golden Gate University School of Law (20)
- Florida State University College of Law (11)
- Brooklyn Law School (5)
- University of Michigan Law School (5)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Fordham Law School (3)
- Georgetown University Law Center (3)
- University of Colorado Law School (3)
- University of Missouri School of Law (2)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Pennsylvania Carey Law School (1)
- Keyword
-
- LSU Student Government (45)
- Fisher (10)
- Brown (7)
- Pegram (7)
- Amend Election Code (6)
-
- Abbott (5)
- Legislation (5)
- Assembly Committee on Revenue and Taxation (4)
- Congress (4)
- Bourg (3)
- Cooper (3)
- Griggs (3)
- Hodge (3)
- Knull (3)
- Murry (3)
- Winters (3)
- Amend Rules of Order (2)
- Colorado (2)
- Constitution (2)
- Corporations (2)
- Costello (2)
- Cusimano (2)
- Direct democracy (2)
- Employment discrimination (2)
- Federalism (2)
- Gnaidy (2)
- Governance (2)
- Grantham (2)
- Jeansonne (2)
- Minorities (2)
- Publication
-
- Student Senate Enrolled Legislation (45)
- California Assembly (17)
- Staff Analyses & Legislative Documents (10)
- Faculty Scholarship (9)
- Articles (5)
-
- Scholarly Works (4)
- California Agencies (3)
- Faculty Publications (3)
- All Faculty Scholarship (2)
- Publications (2)
- Testimony Before Congress (2)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- Articles by Maurer Faculty (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles (1)
- Journal Articles (1)
- Journal Publications (1)
- Other Publications (1)
- Publications from President Jonathan G.S. Koppell (1)
- Scholarly Articles (1)
- Scholarly Publications (1)
- School of Law Conferences, Lectures & Events (1)
- U.S. Supreme Court Briefs (1)
Articles 91 - 114 of 114
Full-Text Articles in Law
Session Law 01-079, Florida Senate & House Of Representatives
Session Law 01-079, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 01-045, Florida Senate & House Of Representatives
Session Law 01-045, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 01-001, Florida Senate & House Of Representatives
Session Law 01-001, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Faculty Scholarship
Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …
Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper
Job Reference Immunity Statutes: Prevalent But Irrelevant, Markita D. Cooper
Journal Publications
This Article posits that current reference immunity statutes are of little use in encouraging employers to provide references. Although legislation ostensibly protects employers in most states, "name, rank and serial number," "no-comment," and neutral reference policies continue to prevail as standard practice regarding job references. Generally, the existing statutes leave the common law in place, so that reference claims may be adjudicated under statutory standards and common law standards. This Article proposes that the field would be clarified if the statutes were the exclusive law governing liability for job reference claims under state law.
From Miranda To §3501 To Dickerson To...(Symposium: Miranda After Dickerson: The Future Of Confession Law), Yale Kamisar
From Miranda To §3501 To Dickerson To...(Symposium: Miranda After Dickerson: The Future Of Confession Law), Yale Kamisar
Articles
Once the Court granted [certiorari in Dickerson] court-watchers knew the hour had come. At long last the Court would have to either repudiate Miranda, repudiate the prophylactic-rule cases [the cases viewing Miranda's requirements as not rights protected by the Constitution, but merely "prophylactic rules"] or offer some ingenious reconciliation of the two lines of precedent. The Supreme Court of the United States, however, doesn't "have to" do anything, as the decision in Dickerson once again reminds us.
For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers
For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers
Articles
American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Faculty Scholarship
No abstract provided.
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Faculty Publications
This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.
How Democratic Are Initiatives?, Richard B. Collins
How Democratic Are Initiatives?, Richard B. Collins
Publications
No abstract provided.
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Scholarly Works
Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Scholarly Works
The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Scholarly Works
In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …
The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine
The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine
Other Publications
A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
Faculty Scholarship
Most practicing attorneys and legal academics first become aware of uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy that generally attends uniform law ventures This overview of the uniform statutory process offers some perspective for proponents of the recently approved Uniform Mediation Act (UMA) and Revised Uniform Arbitration Act (RUAA) as they attempt to secure enactment in multiple state legislatures.
Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson
Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson
Scholarly Works
No abstract provided.
Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt
Interpretive Communities: The Missing Element In Statutory Interpretation, William S. Blatt
Articles
No abstract provided.
Dissing Congress , Ruth Colker, James J. Brudney
Dissing Congress , Ruth Colker, James J. Brudney
Faculty Scholarship
This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Faculty Scholarship
No abstract provided.
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Case Comment: Ins V. St. Cyr, Kevin C. Walsh