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Articles 1 - 13 of 13

Full-Text Articles in Law

Comfortably Penumbral, Glenn Harlan Reynolds Dec 1997

Comfortably Penumbral, Glenn Harlan Reynolds

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A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.


Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds Oct 1997

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds

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In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …


Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long Oct 1997

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

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No abstract provided.


Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin Jul 1997

Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin

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No abstract provided.


Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Fran Ansley Jul 1997

Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Fran Ansley

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In September 1996, Laurie Zimet, Director of the Academic Support Program at the University of California at Hastings College of the Law, proposed to the rest of us – four law professors and two other academic support teachers – that we plan the Academic Support Section presentation at the 1997 Association of American Law Schools Annual Conference. Our panel topic, “Inclusive Teaching Methods Across the Curriculum,” would draw deeply from our common passion for the subject and from our diverse experiences in innovative pedagogy. But could seven of us, three of us speaking one dialect of legal education (academic support …


Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik Apr 1997

Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik

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No abstract provided.


An America Without Judicial Independence, Penny White Feb 1997

An America Without Judicial Independence, Penny White

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No abstract provided.


Space Resources, Common Property, And The Collective Action Problem, Glenn Harlan Reynolds Jan 1997

Space Resources, Common Property, And The Collective Action Problem, Glenn Harlan Reynolds

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The subjects of lunar mining, asteroidal resource extraction, and orbital solar power are again attracting considerable attention, leading to more discussion of space property rights regimes. This article discusses both private-property regimes and centralized regulatory regimes of the sort envisioned by the 1979 Moon Treaty, and also notes that private property regimes may actually be both more productive of wealth and more beneficial for the space environment than centralized regulatory schemes.


Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett Jan 1997

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett

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No abstract provided.


Researching For Democracy And Democratizing Research, Fran Ansley Jan 1997

Researching For Democracy And Democratizing Research, Fran Ansley

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No abstract provided.


Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon Jan 1997

Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon

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No abstract provided.


If Justice Is For All, Who Are Its Constituents?, Penny White Jan 1997

If Justice Is For All, Who Are Its Constituents?, Penny White

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No abstract provided.


Classifying Race, Racializing Class, Fran Ansley Jan 1997

Classifying Race, Racializing Class, Fran Ansley

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No abstract provided.