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Articles 211 - 240 of 15730
Full-Text Articles in Law
Controlling Government Secrecy: A Judicial Solution To The Internal And External Conflicts Surrounding The State Secrets Privilege, Elizabeth Rose Blazey
Controlling Government Secrecy: A Judicial Solution To The Internal And External Conflicts Surrounding The State Secrets Privilege, Elizabeth Rose Blazey
Buffalo Law Review
No abstract provided.
Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai
Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai
Book Reviews
No abstract provided.
Legal Beagle Blog (December 2010), Roger Williams University School Of Law Library
Legal Beagle Blog (December 2010), Roger Williams University School Of Law Library
Law Library Newsletters/Blog
No abstract provided.
Guns, Originalism, And Cultural Cognition, Jamal Greene
Guns, Originalism, And Cultural Cognition, Jamal Greene
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fair Use Challenges In Academic And Research Libraries, Peter Jaszi
Fair Use Challenges In Academic And Research Libraries, Peter Jaszi
Copyright, Fair Use & Open Access
Academic and research libraries are key players in the generation and propagation of knowledge in the U.S., and their interpretation of the balancing features of copyright is critical to the quality of research, teaching, and learning they support. Approaches and methods for research, teaching, and learning are changing rapidly with opportunities presented by digitization and Internet communication. Academic and research librarians need and use the balancing features of copyright—including exemptions listed in Sections 108 and 110 of the Copyright Act, as well as fair use (codified in Section 107)—in order to accomplish the routine tasks of their profession. This report …
The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.
The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.
Popular Media
Police forces tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued for malfeasance, obfuscation and evasiveness are the typical response. The phenomenon is hardly limited to certain countries or societies–the unassailability of police organizations seems to be universal.–Michael H. Fox The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model.–J. Ackerman The best motto for a police officer is that sticks and …
Note – The Un-Creation Of Rights: An Argument Against Administrative Disclaimers, Josephine K. Mason
Note – The Un-Creation Of Rights: An Argument Against Administrative Disclaimers, Josephine K. Mason
UC Law Journal
Boilerplate disclaimers appear with some frequency in administrative regulations, yet there has been a striking absence of discussion as to their validity. This Note argues that administrative disclaimers threaten two key constitutional concerns inherent in administrative law—proper government structure and fairness to individuals—and that courts should therefore approach administrative disclaimers with a high degree of skepticism.
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese
UC Law Journal
This Article contends that modern rule of reason analysis, informed by workable competition’s partial equilibrium trade-off paradigm, is suitable for evaluating only a subset of agreements that may reduce transaction costs. The Article distinguishes between “technological” and “non-technological” transaction costs. Technological transaction costs entail the bargaining and information costs first emphasized by Ronald Coase, while non-technological transaction costs result from more fundamental departures from perfect competition, departures creating a risk of opportunism that accompanies relationship-specific investments. Modern law does accurately assess restraints that may reduce technological transaction costs—costs that are analogous to the sort of production costs recognized by the …
The Forum (Volume 40, Number 4), Valparaiso University School Of Law
The Forum (Volume 40, Number 4), Valparaiso University School Of Law
Valparaiso Law School Forum
No abstract provided.
United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Sungjoon Cho
United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka
Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka
Cornell Journal of Law and Public Policy
No abstract provided.
The Politics Of Property And Need, Laura S. Underkuffler
The Politics Of Property And Need, Laura S. Underkuffler
Cornell Journal of Law and Public Policy
No abstract provided.
Torture, Impunity, And The Need For Independent Prosecutorial Oversight Of The Executive Branch, Fran Quigley
Torture, Impunity, And The Need For Independent Prosecutorial Oversight Of The Executive Branch, Fran Quigley
Cornell Journal of Law and Public Policy
No abstract provided.
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Wildlife Management And The Forest Preserve, Jeffrey Auger
Wildlife Management And The Forest Preserve, Jeffrey Auger
Elisabeth Haub School of Law Student Publications
The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New …
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
Elisabeth Haub School of Law Student Publications
The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Elisabeth Haub School of Law Student Publications
The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” …
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Elisabeth Haub School of Law Student Publications
Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
Elisabeth Haub School of Law Student Publications
Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This …
Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun
Elisabeth Haub School of Law Student Publications
The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Elisabeth Haub School of Law Student Publications
When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the …
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Elisabeth Haub School of Law Student Publications
The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …
Historic Preservation And The Wilderness, Seth Kagan
Historic Preservation And The Wilderness, Seth Kagan
Elisabeth Haub School of Law Student Publications
The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV …
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
Editor’S Note: Introducing The University Of New Hampshire Law Review, Luke Nelson, Terri Nolan
Editor’S Note: Introducing The University Of New Hampshire Law Review, Luke Nelson, Terri Nolan
The University of New Hampshire Law Review
Note from the Editor introducing the University of New Hampshire Law Review.
Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga
Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga
The University of New Hampshire Law Review
[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that …
Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii
Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii
Faculty Publications
This is an introductory essay to Volume 23, Number 2, of the FEDERAL SENTENCING REPORTER, which considers the state of American criminal justice policy in 2010, two years after the "Change" election of 2008. Part I of the essay paints a statistical picture of trends in federal criminal practice and sentencing over the last half-decade or so, with particular emphasis on sentence severity and the degree of regional and inter-judge sentencing disparity. The statistics suggest that the expectation that the 2005 Booker decision would produce a substantial increase in the exercise of judicial sentencing discretion and a progressive abandonment of …
The Great Rent Control War, Myron Moskovitz
Konflikti Anglo-Shqiptarë Me Rastin E Kanali Të Korfuzit, Nurije Gashi
Konflikti Anglo-Shqiptarë Me Rastin E Kanali Të Korfuzit, Nurije Gashi
Theses and Dissertations
No abstract provided.