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Articles 61 - 88 of 88

Full-Text Articles in Law

Proactive Legislation And The First Amendment, Stuart M. Benjamin Jan 2000

Proactive Legislation And The First Amendment, Stuart M. Benjamin

Faculty Scholarship

In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …


Our Imperial First Amendment, Paul D. Carrington Jan 2000

Our Imperial First Amendment, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Constitutional Design: An Oxymoron?, Donald L. Horowitz Jan 2000

Constitutional Design: An Oxymoron?, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl Jan 2000

Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl

Faculty Scholarship

No abstract provided.


Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington Jan 2000

Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.


A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky Jan 2000

A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner Jan 2000

Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner

Faculty Scholarship

This article examines the potential effects of the developing user-centered, networked information environment on scholarly communication in law.


Few Reservations About Reservations, Madeline Morris Jan 2000

Few Reservations About Reservations, Madeline Morris

Faculty Scholarship

No abstract provided.


The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler Jan 2000

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Working Identity, Mitu Gulati, Devon W. Carbado Jan 2000

Working Identity, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.


The Jurisprudence Of Justice Scalia: A Critical Appraisal, Erwin Chemerinsky Jan 2000

The Jurisprudence Of Justice Scalia: A Critical Appraisal, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What’S Left Of Tinker, Erwin Chemerinsky Jan 2000

Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What’S Left Of Tinker, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky Jan 2000

The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Does The Death Tax Deserve The Death Penalty - An Overview Of The Major Arguments For Repeal Of Federal Wealth-Transfer Taxes, Richard L. Schmalbeck Jan 2000

Does The Death Tax Deserve The Death Penalty - An Overview Of The Major Arguments For Repeal Of Federal Wealth-Transfer Taxes, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.


Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young Jan 2000

Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young

Faculty Scholarship

No abstract provided.


Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox Jan 2000

Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox

Faculty Scholarship

No abstract provided.


Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai Jan 2000

Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai

Faculty Scholarship

No abstract provided.


Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale Jan 2000

Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Jan 2000

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Cracking Foundations As Feminist Method, Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith Jan 2000

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr. Jan 2000

The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.

Faculty Scholarship

The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.


Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler Jan 2000

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …


Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf Jan 2000

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

No abstract provided.


Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler Jan 2000

Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler

Faculty Scholarship

Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)


International Law And The American National Interest, Michael Byers Jan 2000

International Law And The American National Interest, Michael Byers

Faculty Scholarship

No abstract provided.