Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Law

The Jury: The Criminal Justice System's Different Voice, Anne Poulin Jul 1994

The Jury: The Criminal Justice System's Different Voice, Anne Poulin

Anne Poulin

No abstract provided.


Pluralism And The Quality Of Religious Discourse In Law And Politics, David Caudill Jul 1994

Pluralism And The Quality Of Religious Discourse In Law And Politics, David Caudill

David S Caudill

No abstract provided.


The Limits Of Double Jeopardy: A Course Into The Dark?, Anne Poulin Jul 1994

The Limits Of Double Jeopardy: A Course Into The Dark?, Anne Poulin

Anne Poulin

No abstract provided.


Welfare Servitude, Julie Nice Dec 1993

Welfare Servitude, Julie Nice

Julie A. Nice

In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving welfare violates the Thirteenth Amendment’s prohibition of involuntary servitude and also explores the recurring intersection between race and class. She first describes the redoubling of efforts to increase enforcement of welfare work requirements once racial minorities were no longer excluded from receiving welfare benefits. Next she analyzes judicial decisions construing what constitutes involuntary servitude, including historic cases addressing indentured servitude, the padrone system, peonage, and the surety system, as well as modern cases challenging various welfare work requirements. Professor Nice distills three doctrinal types of involuntary …


Chapter 11 Theory And Practice: A Guide To Reorganization, Ingrid Hillinger, Honorable James Queenan, Philip Hendel Dec 1993

Chapter 11 Theory And Practice: A Guide To Reorganization, Ingrid Hillinger, Honorable James Queenan, Philip Hendel

Ingrid Michelsen Hillinger

No abstract provided.


Libraries And Copyright: A Guide To Copyright Law In The 1990s, Sarah Wiant, Laura Gasaway Dec 1993

Libraries And Copyright: A Guide To Copyright Law In The 1990s, Sarah Wiant, Laura Gasaway

Sarah K. Wiant

No abstract provided.


Co-Editor: The Second Draft: Bulletin Of The Legal Writing Institute (1994-2000), E. Joan Blum, Jane Kent Gionfriddo Dec 1993

Co-Editor: The Second Draft: Bulletin Of The Legal Writing Institute (1994-2000), E. Joan Blum, Jane Kent Gionfriddo

E. Joan Blum

With Jane Kent Gionfriddo, editors. The Second Draft: Bulletin of the Legal Writing Institute 9-14 (1994-2000).


The Second Draft: Bulletin Of The Legal Writing Institute, Jane Gionfriddo, E. Joan Blum Dec 1993

The Second Draft: Bulletin Of The Legal Writing Institute, Jane Gionfriddo, E. Joan Blum

Jane Kent Gionfriddo

With E. Joan Blum, editors. The Second Draft: Bulletin of the Legal Writing Institute 9-14 (1994-2000).


Rule 4.1 - Service Of Other Process, Daniel Coquillette, Mary Squiers Dec 1993

Rule 4.1 - Service Of Other Process, Daniel Coquillette, Mary Squiers

Daniel R. Coquillette

No abstract provided.


Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen Dec 1993

Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen

Jean M. Eggen

No abstract provided.


Just-In-Time Purchasing And The Problem Of Consequential Damages, Robert Bennett Dec 1993

Just-In-Time Purchasing And The Problem Of Consequential Damages, Robert Bennett

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.


La Constitución De Los Estados Unidos Y La Protección De Los Derechos Humanos, Robert Barker, J. Castro Dec 1993

La Constitución De Los Estados Unidos Y La Protección De Los Derechos Humanos, Robert Barker, J. Castro

Robert S. Barker

No abstract provided.


Real Estate Leases, Margaret Howard Dec 1993

Real Estate Leases, Margaret Howard

Margaret Howard

No abstract provided.


Exemptions, Margaret Howard Dec 1993

Exemptions, Margaret Howard

Margaret Howard

No abstract provided.


Glomar Denials Under Foia: A Problematic Priviledge And A Proposal For Alernative Procedures Of Review, John Gotanda Dec 1993

Glomar Denials Under Foia: A Problematic Priviledge And A Proposal For Alernative Procedures Of Review, John Gotanda

John Y Gotanda

No abstract provided.


Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov Dec 1993

Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov

Leonard N Sosnov

Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program which provides for pretrial diversion for accepted defendants. In exchange for avoiding the risk of conviction, the defendant agrees to supervision or treatment for a specified period of time. Successful completion can lead to dismissal of the charges, while a violation may result in reinstatement of the charges and a criminal trial.

Pennsylvania, like most states, also has recidivist sentencing provisions for repeat offenders. It has chosen to include a prior ARD acceptance in its definition of a prior conviction for purposes of its mandatory sentence recidivist drunk driving laws. The article …


The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega Dec 1993

The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega

Connie de la Vega

In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions. This article provides a brief introduction to those cases in which courts have been asked to look at international human rights …


Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray Dec 1993

Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray

Laura K. Ray

No abstract provided.


Protecting Economic, Social And Cultural Rights, Connie De La Vega Dec 1993

Protecting Economic, Social And Cultural Rights, Connie De La Vega

Connie de la Vega

This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …