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Full-Text Articles in Law

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson Dec 2000

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson

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"I am in the U.S. until February. A few weeks ago, I went to our embassy in Washington and offered to speak on Israel's behalf, to present the true story of what's going on, to counter the very effective job being done by the Palestinians of making it appear as if they are Davids fighting Goliath, and we are not getting the truth out. But the people at the embassy just shrugged."

He knows that in 1948 some 630,000 Arab refugees were encouraged to leave Israel by their leaders, who promised to purge the land of ...


The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright Dec 2000

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

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Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive ...


Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro Dec 2000

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

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I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets ...


Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes Oct 2000

Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes

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Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.

Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely ...


Assessing The New Judicial Minimalism, Christopher J. Peters Oct 2000

Assessing The New Judicial Minimalism, Christopher J. Peters

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In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I argue ...


Outcomes, Reasons, And Equality, Christopher J. Peters Oct 2000

Outcomes, Reasons, And Equality, Christopher J. Peters

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In this article, Christopher Peters responds to arguments made by Kenneth Simons in The Logic of Egalitarian Norms, 80 B.U. L. REV. 693 (2000), in which Professor Simons defends the normative value of equal treatment against Peters’s earlier critiques. Peters first explains and justifies his attack on deontological rather than consequentialist motivations for equal treatment. He then articulates a difference between two distinct conceptions of “treatment”: an outcome-focused and an holistic conception. Peters argues that the holistic conception must be accepted by anyone who defends a deontological theory of equality. Peters then explains how certain of Simons’s ...


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

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This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


Legalizing Merger To Monopoly And Higher Prices: The Canadian Competition Tribunal Gets It Wrong, Alan A. Fisher Ph.D., Robert H. Lande, Stephen F. Ross Oct 2000

Legalizing Merger To Monopoly And Higher Prices: The Canadian Competition Tribunal Gets It Wrong, Alan A. Fisher Ph.D., Robert H. Lande, Stephen F. Ross

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This article analyzes the Canadian Superior Propane decision, apparently the first merger decision in world history to consider explicitly what to do when a merger was predicted to lead to both higher consumer prices and to net efficiencies. The article advocates analyzing the merger under a "price to consumers" or "consumer welfare" standard, rather than a total efficiency standard, and advocates that the enforcers and the courts block such mergers.


Professor Waller's Un-American Approach To Antitrust, Robert H. Lande Oct 2000

Professor Waller's Un-American Approach To Antitrust, Robert H. Lande

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Professor Waller asks an un-American question - what can the United States antitrust program learn from the rest of the world? This question is un-American because we in the United States rarely look to others for advice. Besides, we invented antitrust and we were practically alone in the world in enforcing antitrust for almost a century. Only during the current generation have many other nations had active and vigorous antitrust programs. Moreover, the United States is in the business of exporting our accumulated century of antitrust wisdom through a wide variety of methods, and we revel in playing this role. We ...


Jerusalem Policy Makes No Sense, Kenneth Lasson Sep 2000

Jerusalem Policy Makes No Sense, Kenneth Lasson

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Born recently in Jerusalem, this tiny apolitical person has just arrived in Baltimore from Israel with his proud parents, a journey that required him to have an American passport. All went smoothly at the U.S. consulate in East Jerusalem until I asked the woman processing the forms why there was no country listed after "Jerusalem" on the passport application.

In 1948, President Harry Truman, ignoring strong objections from the State Department, enabled the United States of America to become one of the first countries to recognize Israel. Jerusalem has always been Israel's capital. All U.S. embassies are ...


After Microsoft Wins, Robert H. Lande Jul 2000

After Microsoft Wins, Robert H. Lande

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No abstract provided.


The Incredible Shrinking Law School, Phillip J. Closius Jul 2000

The Incredible Shrinking Law School, Phillip J. Closius

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The University of Toledo College of Law faculty and administration performed a task that may be unprecedented in modern American legal education. During a series of luncheon meetings we focused on the topic of enrollment--what size student body should we have given the realities of our market and the pedagogical goals we wish to achieve. We analyzed this issue without either an extensive reliance on our revenue stream or the risk of losing resources if we admitted fewer students. Since we administer both a full- and part-time (mainly evening) program, we also discussed our obligation to serve our metropolitan community ...


Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell Jul 2000

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

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In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of ...


Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson Apr 2000

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

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On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for ...


A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson Apr 2000

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

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It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never ...


Evidentiary Considerations In Civil Cases, Lynn Mclain Mar 2000

Evidentiary Considerations In Civil Cases, Lynn Mclain

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Handout from a presentation at the Maryland Judicial Institute outlining character evidence and providing the text of the applicable Rules.


Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart Mar 2000

Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart

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No abstract provided.


Reconnecting Property Rights To Watersheds, A. Dan Tarlock Mar 2000

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

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No abstract provided.


Economic And Other Barriers To Electronic Commerce, Henry H. Perritt Jr. Mar 2000

Economic And Other Barriers To Electronic Commerce, Henry H. Perritt Jr.

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No abstract provided.


The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr. Mar 2000

The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.

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No abstract provided.


The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr. Mar 2000

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

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No abstract provided.


The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr. Mar 2000

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

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No abstract provided.


Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen Mar 2000

Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen

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No abstract provided.


My First Grade Teacher, Jeffrey G. Sherman Mar 2000

My First Grade Teacher, Jeffrey G. Sherman

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No abstract provided.


The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt Mar 2000

The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt

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No abstract provided.


Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman Mar 2000

Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman

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No abstract provided.


The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman Mar 2000

The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman

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No abstract provided.


A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance?, Evelyn Brody Mar 2000

A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance?, Evelyn Brody

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This piece, included in the University of Hawaii Law Review's symposium issue on the Bishop Estate, explores the relationship between the new intermediate sanctions law and the IRS's power to revoke tax exemption under § 501(c)(3). Inspired by the storied setting, I indulge in a fantasy: This article pretends that the IRS revoked the Estate's exemption, and takes the form of the Tax Court declaratory judgment opinion. I reluctantly 'rule' that exemption was not appropriate, because State enforcement action against the trustees was proceeding. (However, this forum allows me to hedge my argument by producing two ...


Book Review: Lawrence Lessig, Code And Other Laws Of Cyberspace, Henry H. Perritt Jr. Mar 2000

Book Review: Lawrence Lessig, Code And Other Laws Of Cyberspace, Henry H. Perritt Jr.

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No abstract provided.


Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr. Mar 2000

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.

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No abstract provided.