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Articles 7801 - 7830 of 8794
Full-Text Articles in Law
Subverting The American Dream: Government Dictated Smart Growth Is Unwise And Unconstitutional, Clint Bolick
Subverting The American Dream: Government Dictated Smart Growth Is Unwise And Unconstitutional, Clint Bolick
University of Pennsylvania Law Review
No abstract provided.
Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
University of Pennsylvania Law Review
No abstract provided.
Emergence Of Self-Directed Work Teams And Their Effect On Title Vii Law, Andrew Polland
Emergence Of Self-Directed Work Teams And Their Effect On Title Vii Law, Andrew Polland
University of Pennsylvania Law Review
No abstract provided.
Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank
Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank
University of Pennsylvania Law Review
No abstract provided.
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
Law Faculty Articles and Essays
Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been …
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past 25 years, religious institutions have greatly increased their claims of violation of religious freedom when they are denied zoning approval or subjected to historic preservation regulations. While no one can definitively explain the causes of this increase in First Amendment challenges, it can partially be traced to recent changes in both our society and the way our political/legal system conceptualizes religious freedom.
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
St. Mary's Law Journal
The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
St. Mary's Law Journal
Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …
An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
Law Faculty Articles and Essays
My purpose in writing this article is to examine the growth of Anglo-American speech rights over the past millennium. Since the best measure of expressive freedom is the freedom to criticize one's government, I will focus on the regulation of seditious speech in an accelerated tour of history, from the printing press to the present day.
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article is designed to serve as a First Amendment “compass,” explaining the Speech Clause while offering a systematic method for analyzing any claim asserted under it. The need for this Article stems from the fact that First Amendment law is more than ever a labyrinth. For students, lawyers, and judges alike, it is difficult even to identify--much less to distinguish and apply-- the various strands of applicable precedent. This is because the Supreme Court has developed a dense mass of overlapping doctrines: drawing distinctions between content-based1 and content-neutral restrictions; drawing further distinctions between fully-protected and “low-level” categories of expression; …
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Law Faculty Articles and Essays
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
Extending Copyright And The Constitution: "Have I Stayed Too Long", Michael H. Davis
Extending Copyright And The Constitution: "Have I Stayed Too Long", Michael H. Davis
Law Faculty Articles and Essays
On October 27, 1998, President Clinton signed into law the Sonny Bono Copyright Term Extension Act of 1998, Pub. L. No. 105-298, 112 Stat. 2827 (hereinafter the “Bono Law”). The Bono Law extended the term of copyright protection by an additional twenty years, both prospectively and retrospectively. The former is probably constitutionally proper; the latter is almost certainly forbidden by the Constitution's copyright clause. But most criticism5 has not forcefully distinguished between retrospective as opposed to prospective extension and so far has failed to convince either Congress or the courts of any constitutional infirmity. This is because most critics agree-or …
Book Review, Kenneth J. Kowalski
Book Review, Kenneth J. Kowalski
Law Faculty Articles and Essays
Reviewing L. S. Platt & C. Ventrell-Monsees, Age Discrimination Litigation, James Publishing (2000)
Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings
Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings
Law Faculty Articles and Essays
This discussion poses the question: should an attorney ever provide information to an opposing party to prevent that party from suffering great harm if the information will have an adverse effect on the attorney's own client? The case that sets the stage for this discussion is Spaulding v. Zimmerman, 243 Minn. 346 (1962).
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Law Faculty Articles and Essays
This Article does not provide answers to the religious, ethical, and moral issues posed by advanced reproductive techniques in human cloning. Rather, the preceding analysis and discussion seeks to make a contribution, however modest, to the continuation of the societal discussion that will ultimately yield the answers. This Article presents the common concerns of the religious traditions of Judaism, Islam, and Christianity with their mutual emphasis on preserving the dignity of all beings. This and other common values must form the foundation upon which all questions related to the cloning debate must be predicated.
Crossing The Line: Rape-Murder And The Death Penalty, Phyllis L. Crocker
Crossing The Line: Rape-Murder And The Death Penalty, Phyllis L. Crocker
Law Faculty Articles and Essays
When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern …
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Law Faculty Articles and Essays
The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass
Law Faculty Articles and Essays
I was asked to address briefly the impact of the Supreme Court's recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on Section 1983 litigation in the state or federal courts. On the other hand, these decisions will likely have a significant impact on non-Section 1983 litigation, including non-Section 1983 civil rights litigation. For example, a few weeks ago the Supreme Court heard an argument in an Age Discrimination and Education Act (hereinafter "ADEA") case involving claims brought directly against the state. The recent Supreme …
The Virtue Of Ordered Conflict: A Defense Of The Adversary System, David R. Barnhizer
The Virtue Of Ordered Conflict: A Defense Of The Adversary System, David R. Barnhizer
Law Faculty Articles and Essays
My underlying thesis is that American society is in increasing danger of falling victim to the tendencies against which Hobbes warned, and that we need to understand and deal with the ultimate implications this holds for our political community. Otherwise, we risk ending up with a severe case of ideological balkanization that will undermine and weaken our social system. My concern is that we are well on the way to a state of ideological civil war. If we succumb further it will mean a political culture in which there is little real communication, but only destructive vilification, jockeying for political …
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Law Faculty Articles and Essays
Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …
Pesticide Toxicity, Human Subjects, And The Environmental Protection Agency's Dilemma, Heidi Gorovitz Robertson, Samuel Gorovitz
Pesticide Toxicity, Human Subjects, And The Environmental Protection Agency's Dilemma, Heidi Gorovitz Robertson, Samuel Gorovitz
Law Faculty Articles and Essays
Should humans be used as subjects in research designed to determine the toxicity of pesticides? If so, under what conditions should they be used? If not, why not, given that human subject testing is common in research studies designed to determine the safety and efficacy of drugs? Should the EPA seek, or even accept, the results of such research in formulating the evidentiary base it uses in making decisions about pesticide registration? This article does not propose to answer these questions, but to illuminate the process by which they are addressed and offer some suggestions about how other such questions …
The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis
The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is 'Pitched' A Studio Can Never Obtain All Copyrights In The Story, Michael Henry Davis
Law Faculty Articles and Essays
It is probably not quite fraud, though it comes terribly close to it, when motion picture and television production companies convince their writers to part with the rights to their stories when they sign with the companies. Despite contracts that claim the writer has no rights to the resulting script (either because the author has assigned his rights “in perpetuity” or because he has agreed to produce a “workfor hire”), U.S. copyright law provides many authors, perhaps the vast majority of them, with a future right that cannot be lost and can always be regained, irrespective of any written contract …
Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross
Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross
Other Publications
Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.
Linking The Visions, Donald J. Herzog
Linking The Visions, Donald J. Herzog
Other Publications
Professor Donald Herzog talks about his teaching and work.
Linking The Visions, Thomas A. Green
Linking The Visions, Thomas A. Green
Other Publications
Professor Thomas Green talks about his teaching and work.
Linking The Visions, Phoebe C. Ellsworth
Linking The Visions, Phoebe C. Ellsworth
Other Publications
Professor Phoebe Ellsworth talks about her teaching and work.
Linking The Visions, Christina B. Whitman
Linking The Visions, Christina B. Whitman
Other Publications
Professor Christina Whitman talks about her teaching and her work.
Linking The Visions, Omri Ben-Shahar
Linking The Visions, Omri Ben-Shahar
Other Publications
Professor Omri Ben-Shahar talks about his teaching and work.
In Praise Of Thermostats, John W. Reed
In Praise Of Thermostats, John W. Reed
Other Publications
Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.
Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine
Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine
Other Publications
Buy a new car that turns out to be a lemon and you may find you can't sue. Fine print in the sales contract often restricts you to arbitration. That means presenting your case before a private person instead of a judge and jury. And the arbitrator may be someone drawn from a panel compiled by the car seller.