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Articles 391 - 420 of 19166
Full-Text Articles in Law
Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath
Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath
James McGrath
This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. …
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.
This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …
Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair
Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair
Marianne Blair
No abstract provided.
Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke
Exculpatory Liabilities And Partnership Nonrecourse Allocations, Karen C. Burke
Karen Burke
The rise of limited liability companies (LLCs) classified as partnerships for federal income tax purposes challenges traditional assumptions concerning the treatment of recourse and nonrecourse liabilities under Subchapter K. The complex rules of sections 704(b) and 752 give little attention to liabilities that are recourse to the entity under section 1001 but for which no member bears the economic risk of loss under section 752. In comparison to traditional general or limited partnerships, however, LLCs are much more likely to incur such "exculpatory" liabilities because of the limited liability shield under state law. Although exculpatory liabilities are functionally quite similar …
A Winn For Educational Pluralism, Nicole Stelle Garnett
A Winn For Educational Pluralism, Nicole Stelle Garnett
Nicole Stelle Garnett
This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …
Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison
Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison
Angela D. Morrison
Appellants sought a stay of the district proceedings under Nevada Rules of Appellate Procedure 8(c), during their appeal of the district court’s denial of appellant’s motion to compel arbitration.
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
Sharon E. Rush
Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
Sharon E. Rush
Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …
Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews
Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews
Angela Crews
This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …
Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews
Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews
Angela Crews
This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Celeste M. Hammond
No abstract provided.
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
Mark E. Budnitz
No abstract provided.
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Celeste M. Hammond
No abstract provided.
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
Mark E. Budnitz
No abstract provided.
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Robin Fretwell Wilson
Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …
A Dream Deferred, Ruth-Arlene W Howe
A Dream Deferred, Ruth-Arlene W Howe
Ruth-Arlene W. Howe
Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Thomas T Ankersen
Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Tierra Y Libertad: The Social Function Doctrine And Land Reform In Latin America, Thomas T. Ankersen, Thomas Ruppert
Thomas T Ankersen
Latin America has been caught for centuries in a vicious cycle of land consolidation and land reform; the issue perennially resurfaces since concentration of land and associated resources results in conflict.' Latin American nations are among the world's leaders when it comes to the inequality of land distribution. Land reform, or agrarian reform, as it is more commonly referred to in Latin America, is hardly a new phenomenon. As we will show, the need to develop a policy to redress the consolidation of lands by a powerful few and redistribute it in the name of equity and development has its …
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Stephen P. Garvey
No abstract provided.
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Stephen P. Garvey
No abstract provided.
Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley
Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley
Franklin E. Zimring
No abstract provided.
Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley
Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley
Franklin E. Zimring
No abstract provided.
United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo
Muna B Ndulo
No abstract provided.
United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo
Muna B Ndulo
No abstract provided.
Hydraulic Fracturing And The Safe Drinking Water Act, Keith B. Hall
Hydraulic Fracturing And The Safe Drinking Water Act, Keith B. Hall
Keith B. Hall
No abstract provided.
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Consent To Harm, Vera Bergelson
Consent To Harm, Vera Bergelson
Vera Bergelson
This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).
Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.
One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …
Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Stephen A. Rosenbaum
No abstract provided.
Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Stephen A. Rosenbaum
No abstract provided.