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Articles 1 - 26 of 26

Full-Text Articles in Law

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless Jan 2010

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Articles

No abstract provided.


There There? Does State Constitutional Law Exist?, Patrick O. Gudridge Jan 2010

There There? Does State Constitutional Law Exist?, Patrick O. Gudridge

Articles

No abstract provided.


Cognitive Capture, Parliamentary Parentheses, And The Rise Of Fractional Apportionment, Stanley I. Langbein Jan 2010

Cognitive Capture, Parliamentary Parentheses, And The Rise Of Fractional Apportionment, Stanley I. Langbein

Articles

No abstract provided.


Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona Jan 2010

Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona

Articles

No abstract provided.


Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri Jan 2010

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas Jan 2010

The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

Articles

No abstract provided.


Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin Jan 2010

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.


Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby Jan 2010

Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

Articles

No abstract provided.


Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson Jan 2010

Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson

Articles

Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always ...


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice Jan 2010

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

Articles

No abstract provided.


Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes Jan 2010

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

Articles

No abstract provided.


University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill Jan 2010

University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill

Articles

Even as certain policy makers press for mandatory payouts from endowments, the concept of an endowment remains surprisingly elusive. In the absence of either operational concepts of endowments or well-established metrics for identifying and measuring endowments, public policy discussions proceed with an implicit model of an endowment as "money in waiting" that is not currently in use for exempt educational purposes. This Article suggests that endowments, however conceptualized or measured, are better understood as "money in use" even though it is not being distributed. It argues that most endowment money is currently in use for at least two purposes. The ...


Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri Jan 2010

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James Jan 2010

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James

Articles

No abstract provided.


The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum Jan 2010

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

Articles

No abstract provided.


Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin Jan 2010

Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin

Articles

State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.

But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the ...


No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton Jan 2010

No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton

Articles

No abstract provided.


Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge Jan 2010

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi Jan 2010

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

Articles

No abstract provided.


A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi Jan 2010

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Articles

No abstract provided.


Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel Jan 2010

Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel

Articles

This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack Jan 2010

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


The Truth About Haiti, Irwin P. Stotzky Jan 2010

The Truth About Haiti, Irwin P. Stotzky

Articles

No abstract provided.


Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona Jan 2010

Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona

Articles

No abstract provided.


War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby Jan 2010

War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby

Articles

No abstract provided.


The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca Jan 2010

The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca

Articles

No abstract provided.