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Articles 1 - 8 of 8

Full-Text Articles in Law

Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein Dec 2006

Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein

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No abstract provided.


The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson Nov 2006

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson

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This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes excessive bail. The focus is on the validity and effectiveness of an arrested person's agreement to relinquish some or all of her Fourth Amendment rights as a means of gaining freedom from pre-trial detention. In other words, can an arrested person validly "consent" to waive some of her Fourth Amendment rights to avoid pre-trial detention? Recently, in a case of first impression in the federal courts of appeal, the Ninth …


Using Dvd Covers To Teach Weight Of Authority, Michael J. Higdon Oct 2006

Using Dvd Covers To Teach Weight Of Authority, Michael J. Higdon

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Using various examples, this essay explores how the movie critic quotes that companies select to grace the cover of DVDs (and ultimately help sell the product) can actually be used to teach students about weight of authority.


Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport Jan 2006

Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport

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This essay, included in the book SCREENING JUSTICE--THE CINEMA OF LAW: Significant Films of Law, Order and Social Justice (Rennard Strickland, Teree E. Foster & Tauyna Lovell Banks, eds., William S. Hein & Co. 2006), discusses the development of the law in Goldman's Lord of the Flies and raises the question of whether an island populated by a mix of boys and girls - or an island populated by only girls - would have developed a different law.


Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine Jan 2006

Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine

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In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …


The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino Jan 2006

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

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Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …


Toward A New Student Insurgency: A Critical Epistolary, Rachel J. Anderson, Marc-Tizoc Gonzalez, Stephen Lee Jan 2006

Toward A New Student Insurgency: A Critical Epistolary, Rachel J. Anderson, Marc-Tizoc Gonzalez, Stephen Lee

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Taking the form of an epistolary (a collection of letters), this law review article explores the relationship between law and social change in the context of student activism at the University of California, Berkeley, School of Law (Berkeley Law formerly Boalt). The author’s contribution to this essay examines the simultaneously linear and circular history of social justice activism at Berkeley Law and discusses the relationship between social crises and resurging waves of activism, focusing on student activism in the sphere of legal scholarship.


The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook Jan 2006

The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook

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No abstract provided.