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2000

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Articles 31 - 60 of 8626

Full-Text Articles in Law

The Evoloving Nature Of Tax Practice, Stefan F. Tucker Dec 2000

The Evoloving Nature Of Tax Practice, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

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Islam And The Death Penalty, William A. Schabas Dec 2000

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …

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The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga Dec 2000

The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga

William & Mary Bill of Rights Journal

The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …

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Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro Dec 2000

Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro

William & Mary Environmental Law and Policy Review

No abstract provided.

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Restoring Polluted Waters With Public Values, Wendy E. Wagner Dec 2000

Restoring Polluted Waters With Public Values, Wendy E. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

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The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann Dec 2000

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann

Faculty Scholarship

No abstract provided.

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Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough Dec 2000

Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough

University of Michigan Journal of Law Reform

In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …

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An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush Dec 2000

An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush

University of Michigan Journal of Law Reform

A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.

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Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton Dec 2000

Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton

University of Michigan Journal of Law Reform

Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.

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Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber Dec 2000

Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber

University of Michigan Journal of Law Reform

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

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The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Dec 2000

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

University of Michigan Journal of Law Reform

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …

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Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell Dec 2000

Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell

University of Michigan Journal of Law Reform

The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these …

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Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy Dec 2000

Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

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The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright Dec 2000

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

All Faculty Scholarship

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …

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Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg Dec 2000

Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

A recent study of appellate outcomes reveals that defendants succeed significantly more often than plaintiffs on appeal from civil trials-especially from jury trials.

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Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson Dec 2000

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …

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Foucault And Gadamer: Like Apples And Oranges Passing In The Night, Gary Wickham Dec 2000

Foucault And Gadamer: Like Apples And Oranges Passing In The Night, Gary Wickham

Chicago-Kent Law Review

This Article explores some points of connection between Michel Foucault's "governmentality" approach and Hans-Georg Gadamer's hermeneutics and concludes that Gadamer's project does not easily mesh with the Foucaultian critique. Instead, this Article argues that Foucault's reading of Heidegger diverges significantly from Gadamer's, and that an attempt to link the philosophers through their common heritage is unavailing. In conclusion, this Article suggests that the divide between hermeneutics and critical theory (in a Foucaultian sense) cannot be bridged easily, despite the few vague family resemblances evident in the literature.

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The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I of the Article engages the revisionists squarely on the turf they have staked out: the intent of those who framed and ratified the Second Amendment. Here I credit the revisionists with some important insights. Their research reminds us how greatly the world in which the Second Amendment was adopted differed from our own. This perspective helps us understand how the Founders could have placed the right to bear arms on par with the right to free speech--a decision that baffles many modern Americans. Yet while the revisionists correctly perceive that the right to keep and bear arms was …

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Saving The African Elephant, Leslie Burton Dec 2000

Saving The African Elephant, Leslie Burton

Publications

How to save the African elephant from extinction has been a controversial issue for over two decades. This article will explain why the African elephant is dying out, why it should be saved, and how to save it. Part I describes the elephant's life and habits. Part II explains the causes of the elephant's endangered status. Part III discusses why the elephant should be saved. Part IV explains the policies established by the Convention on International Trade in Endangered Species (CITES). Part V explores avenues for saving the elephant. Part VI offers policy recommendations.

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Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General Dec 2000

Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General

California Agencies

No abstract provided.

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Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development Dec 2000

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development

California Assembly

No abstract provided.

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Juvenile Victims Of Property Crimes, Us Department Of Justice Dec 2000

Juvenile Victims Of Property Crimes, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

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State Custody Rates, 1997, Us Department Of Justice Dec 2000

State Custody Rates, 1997, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

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Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice Dec 2000

Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

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Ethics In Academia, Diether Haenicke Dec 2000

Ethics In Academia, Diether Haenicke

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

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Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society Dec 2000

Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

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Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss Dec 2000

Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss

Faculty Publications

No abstract provided.

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El Pago Indebido, Daniel Echaiz Moreno Dec 2000

El Pago Indebido, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

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Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno Dec 2000

Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

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The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim Dec 2000

The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim

Young K Kim

The Asia Pacific region is characterized by a number of features which give prominence and unique significance in relation with the marine environment issues. As a result of rapid growth in population, economy, and political maturity, marine environment protection and resource management have emerged as a vital task for the individual nations, as well as the Asia Pacific region as a whole. The concerned riparian States of the Northeast Asian Seas have been fully aware of the immediate relevance of the target conception, "the sustainable development" for their economic development and environment policy. Since 1992 Rio UNCED, they have endeavored …

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