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Articles 1 - 30 of 96
Full-Text Articles in Law
Appellate Review Of Refusals To Depart, David Yellen
Deregulation, Reregulation, And The Myth Of The Market, Edward L. Rubin
Deregulation, Reregulation, And The Myth Of The Market, Edward L. Rubin
Washington and Lee Law Review
No abstract provided.
The Myth Of "Reregulation": The Interest Group Dynamics Of Regulatory Change In The Financial Services Industry, Jonathan R. Macey
The Myth Of "Reregulation": The Interest Group Dynamics Of Regulatory Change In The Financial Services Industry, Jonathan R. Macey
Washington and Lee Law Review
No abstract provided.
Sexism, Language, And The Law, Mary Ellen Griffith
Sexism, Language, And The Law, Mary Ellen Griffith
West Virginia Law Review
No abstract provided.
Introduction: "Plus Ca Change...?", Stephen B. Burbank
Introduction: "Plus Ca Change...?", Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
43 pages.
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
36 pages.
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
26 pages.
The Process Of Decision-Making In Tribal Courts, Tom Tso
The Process Of Decision-Making In Tribal Courts, Tom Tso
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.
Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …
Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead
Undergraduate Honors Capstone Projects
This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …
Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr.
Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr.
Washington and Lee Law Review
No abstract provided.
Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet
Faith In The Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet
Washington and Lee Law Review
No abstract provided.
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Dalhousie Law Journal
In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …
The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas, And Ricoeur, Francis J. Mootz Iii
The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas, And Ricoeur, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Law Of Contempt In Illinois, Edward R. Burr
The Law Of Contempt In Illinois, Edward R. Burr
Loyola University Chicago Law Journal
No abstract provided.
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Faculty Articles
This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Faculty Articles and Papers
No abstract provided.
Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …
Judicial Admonishments In Illinois Guilty Plea Proceedings, John F. Decker, John F. Kennedy
Judicial Admonishments In Illinois Guilty Plea Proceedings, John F. Decker, John F. Kennedy
Loyola University Chicago Law Journal
No abstract provided.
The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin
The New Ex Parte Communications Rule In Illinois: A Step Forward?, Ann Lousin
Loyola University Chicago Law Journal
No abstract provided.
Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen
Chief Justice Nemetz's Judicial Record: Judicial Decision-Making And Judicial Values, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Much of Chief Justice Nemetz's life has been devoted to the public good and public service - to the betterment of society through law. Through his judgments and through his contribution to the administration of justice in British Columbia and Canada, he has brought the law closer to every one of us. Few of us can appreciate the degree of sacrifice and dedication to the public good which a life of judging requires. For all these reasons, and out of respect for the dedication of the judiciary, lawyers rarely discuss “judicial values" and particularly the values of a specific judge; …
Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler
Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler
Vanderbilt Law Review
In a recent article, Professor Peggy Davis called for reforms in judicial reception of legislative facts. Her suggestions, which follow an empirical analysis of the use of psychological parent theories in child custody disputes, echo similar proposals by Professor Kenneth Karst in 1960s and by Professors Arthur Miller and Jerome Barron in 1975 for judicial reception of legislative facts in constitutional cases.As originally defined by Kenneth Culp Davis, legislative facts are facts that "inform[] a court's legislative judgment on questions of law and policy." They contrast with adjudicative facts, which are facts about "what the parties did, what the circumstances …
Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon
Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon
Scholarly Articles
None available.
Four Predictions For The Criminal Law Of 2043, Paul H. Robinson
Four Predictions For The Criminal Law Of 2043, Paul H. Robinson
All Faculty Scholarship
The Model Penal Code has all the markings of an historic document. It is a sophisticated and enlightened model for penal reform that has put the United States in the front row of reformers. And many believe that the likes of such an historic reform will not come again for more than another century. In my view, it can hardly be disputed that the Code is an historic document. It is less clear, however, that we should not expect a dramatically different code before another century.
Rethinking Harmless Constitutional Error, A. Kimberley Dayton
Rethinking Harmless Constitutional Error, A. Kimberley Dayton
Faculty Scholarship
This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should be used …
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Publications
No abstract provided.
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
UIC Law Review
No abstract provided.
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
UIC Law Review
No abstract provided.