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Articles 1 - 30 of 49
Full-Text Articles in Law
The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow
The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow
Judith A. McMorrow
No abstract provided.
Texas Family Law: Direct And Cross-Examination, Sydney Beckman, Heather King, Bruce Beverly
Texas Family Law: Direct And Cross-Examination, Sydney Beckman, Heather King, Bruce Beverly
Bruce L. Beverly
No abstract provided.
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson
Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson
Darren L Hutchinson
This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Kent Greenfield
This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of …
Can Health Systems Heal Themselves?, Robert Field
Can Health Systems Heal Themselves?, Robert Field
Robert I. Field
No abstract provided.
Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis
Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis
Hope Lewis
Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article …
Time For Ordinary Israelis And Palestinians To Talk It Through, Andrew Strauss
Time For Ordinary Israelis And Palestinians To Talk It Through, Andrew Strauss
Andrew L. Strauss
No abstract provided.
Discipline And Punish: Despatches From The Citation Manual Wars And Other (Literally) Unspeakable Stories, Penelope Pether
Discipline And Punish: Despatches From The Citation Manual Wars And Other (Literally) Unspeakable Stories, Penelope Pether
Penelope J Pether
No abstract provided.
Payee Tax Representations & The Isda Master Agreement, Christian Johnson
Payee Tax Representations & The Isda Master Agreement, Christian Johnson
Christian A. Johnson
Licensing Speech: The Case Of Vanity Plates, Marybeth Herald
Licensing Speech: The Case Of Vanity Plates, Marybeth Herald
Marybeth Herald
Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.
Under traditional First Amendment doctrine, vanity license plates …
Liquidity & The Isda Master Agreement, Christian Johnson
Liquidity & The Isda Master Agreement, Christian Johnson
Christian A. Johnson
Rehypothecation Risk, Christian Johnson
Rehypothecation Risk, Christian Johnson
Christian A. Johnson
Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams
Off His Rocker: Sports Discipline And Labor Arbitration, Roger Abrams
Roger I. Abrams
In this article, the author analyzes the labor arbitration of Atlanta Braves pitcher John Rocker whose interview in Sports Illustrated had caused quite a stir in Major League baseball. Rocker had expressed his personal distain for all minorities and “unusual” people who might ride the number 7 subway train to Shea Stadium in New York City. The Commissioner’s suspension of Rocker was substantially modified by the permanent arbitrator and Professor Abrams explains the basis for the award and how it fits into the established jurisprudence under collective bargaining agreements.
Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces
Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces
Margaret Howard
No abstract provided.
A Reply To Justice Philip Talmadge, Robert Lipkin
A Reply To Justice Philip Talmadge, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto
The Proposed Patients' Bill Of Rights: The Case Of The Missing Equal Protection Clause, Dean Hashimoto
Dean M. Hashimoto
Congress is considering passing a patients' bill of rights. The proposed reform provides for appeals of disagreements between managed care organizations and patients over treatment decisions and also ensures access to specialists and emergency rooms. These reforms place a heavy emphasis on regulating managed care groups by assigning due process rights to patients of privately funded health plans. This article offers a vision of an alternative reform based on principles of both equality and due process. Empirical research demonstrates that although managed care systems appear to provide roughly adequate health care for the general public, they may not be providing …
The (Al)Lure Of The Genocide Trial: Justice, Reconciliation, And Reconstruction In Rwanda, Mark Drumbl
The (Al)Lure Of The Genocide Trial: Justice, Reconciliation, And Reconstruction In Rwanda, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Introduction And Overview, Jane Moriarty
Introduction And Overview, Jane Moriarty
Jane Campbell Moriarty
Volume 1 The history of mental illness in criminal cases. Volume 2 The insanity defense. Volume 3 Competency to be tried, imprisoned, and executed.
Immigration Consequences Of Criminal Convictions, Daniel Kanstroom
Immigration Consequences Of Criminal Convictions, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
The Meanings Of Permanence: A Critical Analysis Of The Adoption And Safe Families Act Of 1997, Libby Adler
The Meanings Of Permanence: A Critical Analysis Of The Adoption And Safe Families Act Of 1997, Libby Adler
Libby S. Adler
In 1997, Congress passed the Adoption and Safe Families Act. The Act amends Titltes IV-B and IV-E of the Social Security Act, which governs states' federally funded child-protective efforts. Under the terms of the Act, states must conduct a permanency hearing within twelve months after a child enters foster care to determine whether the child will be returned to the family of origin or be "freed" for adoption. In this Essay, Professor Adler argues that this requirement forces courts and state decision-makers to choose between two stark alternatives- termination of parental rights and family reunification- and reflects a limited vision …
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Consumer Protection Rules In And Around The Uniform Computer Information Transactions Act (Ucita), Ingrid Hillinger, Michael Hillinger, Diane Rallis
Consumer Protection Rules In And Around The Uniform Computer Information Transactions Act (Ucita), Ingrid Hillinger, Michael Hillinger, Diane Rallis
Ingrid Michelsen Hillinger
No abstract provided.
A Review Of The Year In Family Law: Redefining Families, Reforming Custody Jurisdiction, And Refining Support Issues, Robert Spector, Linda Elrod
A Review Of The Year In Family Law: Redefining Families, Reforming Custody Jurisdiction, And Refining Support Issues, Robert Spector, Linda Elrod
Robert G. Spector
No abstract provided.
Contributor, Francine Sherman
Collecting Debts From The Ill And Injured; The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa Jacoby
Collecting Debts From The Ill And Injured; The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa Jacoby
Melissa B. Jacoby
No abstract provided.
Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia
Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia
Frank J. Garcia
No abstract provided.
Civility In The Academy, Robert Bennett
Civility In The Academy, Robert Bennett
Robert B. Bennett
Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.
Territorial Justice Under Fire: The Trials Of Peter Wintermute, 1873-1875, Tom Simmons
Territorial Justice Under Fire: The Trials Of Peter Wintermute, 1873-1875, Tom Simmons
Tom E. Simmons
No abstract provided.
Banking, Antitrust And Derivatives: Untying The Antitying Restrictions, Christian Johnson