Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (7)
- Courts (7)
- Legal Ethics and Professional Responsibility (5)
- Civil Rights and Discrimination (4)
- Tax Law (4)
-
- Health Law and Policy (3)
- Human Rights Law (3)
- Law and Gender (3)
- Legal History (3)
- State and Local Government Law (3)
- Arts and Humanities (2)
- Bankruptcy Law (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Criminal Procedure (2)
- Family Law (2)
- Legal Education (2)
- Legal Profession (2)
- Torts (2)
- American Politics (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Criminal Law (1)
- Education Law (1)
- Elder Law (1)
- Election Law (1)
- Environmental Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Institution
- Keyword
-
- Human rights (3)
- Law -- Louisiana -- History (3)
- Autonomy (2)
- Bankruptcy (2)
- Biotechnology (2)
-
- Constitutional law (2)
- Criminal law (2)
- Democracy (2)
- Health care (2)
- Legal ethics (2)
- Tribute (2)
- Academic (1)
- Assignability (1)
- Australia (1)
- CRA (1)
- Caribbean Area (1)
- Case management (1)
- Chapter 11 (1)
- China (1)
- Civil forfeiture (1)
- Civil liability (1)
- Civil procedure (1)
- Commercial Use of Identity (1)
- Community Reinvestment Act (1)
- Comparative law (1)
- Conceptualizers (1)
- Congress (1)
- Consent (1)
- Constitutional Law (1)
- Correction (1)
Articles 1 - 30 of 57
Full-Text Articles in Law
Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman
Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman
Journal Articles
Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …
Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel
Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel
Journal Articles
No abstract provided.
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley
Journal Articles
No abstract provided.
The Slavery Of Emancipation, Guyora Binder
The Slavery Of Emancipation, Guyora Binder
Journal Articles
The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …
Lawyers For Marianne: The Nature Of Discourse On The Entry Of French Women Into The Legal Profession, 1894-1926, Christine Corcos
Lawyers For Marianne: The Nature Of Discourse On The Entry Of French Women Into The Legal Profession, 1894-1926, Christine Corcos
Journal Articles
No abstract provided.
Geographic Information Systems And Analysis: The Future Of The Public Trust Doctrine, Robert I. Reis
Geographic Information Systems And Analysis: The Future Of The Public Trust Doctrine, Robert I. Reis
Journal Articles
No abstract provided.
My Aching Heart, James A. Gardner
The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner
The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner
Journal Articles
No abstract provided.
The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie
The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie
Journal Articles
No abstract provided.
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
The Single Publication Rule: One Action Not One Law, Debra R. Cohen
Journal Articles
Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …
The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett
Journal Articles
No abstract provided.
Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski
Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski
Journal Articles
No abstract provided.
Condemned By Substance And Process: A Comment On "Doubly Condemned": Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And "Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond
Journal Articles
No abstract provided.
The Major Periods Of Louisiana Legal History, Alain A. Levasseur
The Major Periods Of Louisiana Legal History, Alain A. Levasseur
Journal Articles
No abstract provided.
A "Civil Law" Lawyer: Louis Casimir Elisabeth Moreau Lislet, Alain A. Levasseur
A "Civil Law" Lawyer: Louis Casimir Elisabeth Moreau Lislet, Alain A. Levasseur
Journal Articles
No abstract provided.
Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford
Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford
Journal Articles
Chapter 11 bankruptcy cases will drag on interminably if judges let them. The recent nine-month O.J. Simpson trial was short compared to the careers of some chapter 11 bankruptcy cases. The typical duration of chapter 11 cases can be reduced remarkably, however, through moderate judicial case management.
The data in this study show that relatively modest judicial case management can squeeze a substantial amount of delay out of chapter 11 cases within the context of the present bankruptcy law. The case management program in this study, applied to 81.2% of the chapter 11 case load, shortened by 24.1% the time …
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Journal Articles
Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …
Introduction To Tax Issue Of The University Of Miami Entertainment & Sports Law Review, Samuel C. Thompson Jr.
Introduction To Tax Issue Of The University Of Miami Entertainment & Sports Law Review, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Rights, Remembrance, And The Reconciliation Of Difference, David M. Engel, Frank W. Munger
Rights, Remembrance, And The Reconciliation Of Difference, David M. Engel, Frank W. Munger
Journal Articles
Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the Americans with Disabilities Act of 1990, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and "Jill Golding" from childhood through adolescence to adulthood and employment, we relate the …
A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke
A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke
Journal Articles
No abstract provided.
Shut Up And Vote: A Critique Of Deliberative Democracy And The Life Of Talk, James A. Gardner
Shut Up And Vote: A Critique Of Deliberative Democracy And The Life Of Talk, James A. Gardner
Journal Articles
No abstract provided.
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Journal Articles
Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …
South Bend, Indiana: A Case Study Of The Possibilities And Realities Of Hospital Cooperation, Joseph P. Bauer
South Bend, Indiana: A Case Study Of The Possibilities And Realities Of Hospital Cooperation, Joseph P. Bauer
Journal Articles
South Bend, the county seat of St. Joseph County, Indiana, is a city with a population of slightly more than 100,000. Located about 100 miles from Chicago, it serves many of the educational, financial and health care needs of a five county metropolitan area of over 700,000 people. South Bend and its sister city, Mishawaka, are served by four general hospitals. The two largest each have about 40 percent of the available beds in the community. One of them, Memorial Hospital of South Bend, is a not-for-profit corporation which is unaffiliated with any other hospital; the other large hospital, St. …
Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John M. Finnis
Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John M. Finnis
Journal Articles
Largely rejecting Christian faith and every other recognition of human dependence upon transcendent intelligence and will, our societies are diverging further and further from every type of Christian commonwealth or "civilization of love." In such a situation, one must ask whether Christians involved in politics can have a reasonable expectation of shaping the main lines of public policy and law. Can they expect to do any more than, sometimes, help limit the damage and, always, bear witness to the faith and to the moral truths which are taught by faith?
Edward J. Murphy: A Professor For All Seasons, David T. Link
Edward J. Murphy: A Professor For All Seasons, David T. Link
Journal Articles
Ed Murphy taught more Notre Dame law students than any other professor in the history of the University. To his students, he was more than a teacher; he was mentor and even legend. A mainstay at the Law School, Professor Murphy died in July of last year at the age of sixty-eight.
I was privileged to be his student, his colleague and his friend. I miss him very much. We all do. But, of course, his example lives on. He continues to be a part of the great Notre Dame spirit. Our recently appointed contracts professor tells me that every …
Social Justice And Liberation, Robert E. Rodes
Social Justice And Liberation, Robert E. Rodes
Journal Articles
Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …
On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer
On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer
Journal Articles
Edward J. Murphy, my teacher, colleague, and friend, was as devoted as anyone at Notre Dame could be, to a Christian law school on this campus. He announced a personal and institutional claim, and he expressed his hope as well, when he told our graduating law class, in 1994, that this is "a school which publicly and without apology proclaims its religious roots."
And he was as interested as anyone could be in identifying those religious roots, and exploring the implications of them for the practice of law at the end of the twentieth century in the United States of …
The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig
The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig
Journal Articles
In this paper, I am going to concentrate on one family transition where we have established substantial legal barriers-that of emancipation. However, I will briefly allude to other "broken families," such as the divorcing family and the family divided by adoption.
As students of the family, we are preoccupied with divorce. We write about families in crisis and use the fabric of their lives worn thin and stretched to the breaking point to develop our ideas about what families are and even what they ought to be. In a way, of course, law teaching and the Socratic method drive us …