Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (6)
- Human Rights Law (6)
- International Law (6)
- Constitutional Law (5)
- Evidence (5)
-
- Law and Society (5)
- Science and Technology Law (5)
- First Amendment (4)
- Civil Rights and Discrimination (3)
- Education Law (3)
- Family Law (3)
- Fourth Amendment (3)
- Immigration Law (3)
- Legal History (3)
- Religion Law (3)
- Social and Behavioral Sciences (3)
- Antitrust and Trade Regulation (2)
- Civil Law (2)
- Contracts (2)
- Courts (2)
- Criminal Procedure (2)
- Judges (2)
- Jurisprudence (2)
- Labor and Employment Law (2)
- Land Use Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Profession (2)
- Natural Law (2)
- Institution
- Keyword
-
- Privacy (4)
- Fourth Amendment (3)
- Human rights (3)
- International law (3)
- Religion (3)
-
- Consent (2)
- Constitution (2)
- Democracy (2)
- Divorce (2)
- First Amendment (2)
- Jurisprudence (2)
- Legal ethics (2)
- Pragmatism (2)
- Privatization (2)
- Search and seizure (2)
- Tribute (2)
- Abandoned DNA (1)
- Adjudication (1)
- Administration (1)
- Administrative (1)
- Admiralty (1)
- Adultery (1)
- Aesthetic (1)
- Affirmative action (1)
- Anti-trust (1)
- Antiabuse (1)
- Antitrust enforcement (1)
- Antitrust law (1)
- Arrest (1)
- Asylum (1)
Articles 31 - 60 of 72
Full-Text Articles in Law
In Search Of Prince Charming, Margaret F. Brinig
In Search Of Prince Charming, Margaret F. Brinig
Journal Articles
This response begins by addressing the different perspectives as presented by the panel “Sex, Lies and Exploitation.” One of the panelists, professor Plasencia, presented a powerful and graphic documentation of digital communication’s influence on the sex industry. Some of the images involved explicitly portrayed the sex trade while in others, it was portrayed more subtly as an arranged or mail-order marriage. The author's response to professor Plasencia is mixed. On the one hand, it is rather easy these days for one to mistakenly encounter a sexually explicit website. On the other hand, however, since little information exists on how widespread …
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
Journal Articles
The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of the antitrust laws by the Department of Justice's Antitrust Division and by the Federal Trade Commission. However, an issue of at least equal importance was barely discussed, although it has seriously affected the scope and direction of the antitrust laws. That issue: Private enforcement of the antitrust laws, and the significant undermining of those efforts by a number …
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
Journal Articles
Traditionally, judicial review has afforded an important check on the exercise of administrative power. First, judicial review functions to protect the legislative intent behind the statutory authorization of the exercise of administrative power. Pursuant to the conventional model, an administrative agency exercises restricted legislative and judicial functions under judicial scrutiny to insure compliance with congressional intent. Judicial review insures that "a congressional delegation of power . . . must be accompanied by discernible standards, so that the delegatee's action can be measured for its fidelity to the legislative will." Additionally, the opportunity for judicial review of administrative action corrects and …
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Journal Articles
This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."
Chasing Bits Across Borders, Patricia L. Bellia
Chasing Bits Across Borders, Patricia L. Bellia
Journal Articles
As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Journal Articles
No abstract provided.
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Journal Articles
Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.
First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.
Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …
Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman
Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman
Journal Articles
No abstract provided.
Why Retire The Feminization Of Poverty Construct?, Athena D. Mutua
Why Retire The Feminization Of Poverty Construct?, Athena D. Mutua
Journal Articles
The "feminization of poverty" concept should be retired, if it has not already been so. It should be retired, even though the concept has been extremely powerful as a discursive construct. In a phrase, the idea captured a seemingly universal phenomenon, inspired theoretical research into the nexus between women and poverty, and summoned coalitions of women by marking an agenda for, and among, women across the boundaries of race, ethnicity, and nationality. In short, it has been a war cry, demanding and framing analyses of women's poverty, and justifying and inspiring women's collective action. Nevertheless, the feminization of poverty construct …
Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel
Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel
Journal Articles
The focus of this article shall be the case law of the European Court of Justice. Despite recent proposals as well as other actions of the Member States to reform the Community Treaties, the expansion of judicial review by the European Court of Justice remains the driving force behind the development of constitutionalism of the European Union. In fact, the European Court of Justice and its case law play the most dominant and consistent role in the integration process. In doing so, the case law of the Court of Justice in part reflects the judicial activism comparable to early U.S. …
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
Journal Articles
Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …
On Law And Chastity, Robert E. Rodes
On Law And Chastity, Robert E. Rodes
Journal Articles
When Dwight Eisenhower was President, and the baby boomers of today were but gleams in the eyes of their monogamous parents, it was well understood that chastity was the prevailing social norm.
On the whole, the standard was reinforced by the social ambiance. It was not at all difficult for people of relatively chaste mind to go for days, sometimes weeks, without encountering much of anything at which they could justly take offense. In most environments, social discourse was relatively free of explicit sex, and even sexual innuendo was far from pervasive. Films and broadcasting were closely censored, and detailed …
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Journal Articles
The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.
The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …
With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick
With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001). The author expected the Court to examine two issues: (1) What is the appropriate interpretation of the statutory phrase "independent judgment" as used in § 2(11) of the National Labor Relations Act in defining which individuals are supervisors; and (2) Who has the burden of proving that an employee meets the definition of supervisor?
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel
Journal Articles
The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.
A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer
A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer
Journal Articles
Uncas picked up a five-letter name when he was a boarding school student in Orange, Virginia. By now, it is the way his friends and colleagues, his students and his clients, his wife and his children and his neighbors, identify him. It works throughout the United States and in Canada. I would not be surprised to see it work in, say, the offices of the European Union in Salzburg or in the former Soviet Union. (It occurs to me that this universal name for Andrew W. McThenia, Jr., a name his boarding-school classmates borrowed from James Fenimore Cooper, shares brevity …
Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile
Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile
Journal Articles
In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.
For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …
Moral Nuisances, John C. Nagle
Moral Nuisances, John C. Nagle
Journal Articles
Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.
I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community (3) …
Virtue And The Constitution Of The United States, John M. Finnis
Virtue And The Constitution Of The United States, John M. Finnis
Journal Articles
In this Article, Finnis reflects on the following five questions: (1) Does the Constitution require or presuppose, or thwart or even forbid, a formative project of government inculcating in citizens the civic virtue necessary to promote and sustain a good society?; (2) To what extent can the institutions of civil society support or even supplant government in inculcating civic virtue?; (3) What is the content of the civic virtue that should be inculcated in circumstances of moral disagreement, and how does it relate to traditional moral virtue?; (4) Does it include respect for and appreciation of diversity?; (5) Should a …
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
Journal Articles
Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …
The Venture Capital Investment Bust: Did Agency Costs Play A Role? Was It Something Lawyers Helped Structure?, Joseph Bankman, Marcus Cole
The Venture Capital Investment Bust: Did Agency Costs Play A Role? Was It Something Lawyers Helped Structure?, Joseph Bankman, Marcus Cole
Journal Articles
This Article examines the question of why venture capital firms would continue to raise technology funds, and then invest those funds, when they were certain that the business markets for such investments were overvalued preceding the “crash” of April 2000. We interviewed a number of venture capitalists, lawyers, entrepreneurs, and other industry observers in search of an explanation. The explanations offered by key decision makers for the observed investment behavior can be categorized as of three types of theories: agency cost theories, herd behavior and other cognitive bias theories, and non–agency cost theories. Agency cost theories suggest that the activity …
Does International Human Rights Law Make A Difference?, Douglass Cassel
Does International Human Rights Law Make A Difference?, Douglass Cassel
Journal Articles
Does international human rights law make a difference? Does it protect rights in practice? The importance of these questions for rights protection is obvious: the institutions of international human rights law deserve our energetic support only to the extent they contribute meaningfully to protection of rights, or at least promise eventually to do so. Moreover, at the moment these questions have added urgency. They underlie an ongoing debate, fomented in part by this Journal, on the extent to which the United States should be prepared to cede degrees of its national sovereignty to international human rights institutions, in return for …
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Can Contested Disciplinary Actions Be Considered In Subsequent Termination Proceedings? An Analysis Of United States Postal Service V. Gregory, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case U.S. Postal Service v. Gregory, 534 U.S. 1, 2001. The author expected the case to examine whether, under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) abuse its discretion when it considers prior discipline that is currently being challenged by the employee in ongoing grievance proceedings?
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Journal Articles
This article criticizes the cardinal rule of statutory construction known as the avoidance canon - that statutes must be interpreted to avoid raising serious constitutional questions - as failing to respect the proper constitutional roles of both Congress and the Executive. It argues that the avoidance canon in practice cannot be grounded in legislative supremacy, which is the common justification for it offered by the Supreme Court, because it assumes without foundation that Congress would always prefer not to come close to the constitutional line in enacting statutes. Instead, the avoidance canon creates pressure for courts to adopt statutory meanings …
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett
Journal Articles
Individuals struggling to move from welfare to work face numerous obstacles. This Article addresses one of those obstacles: lack of transportation. Without reliable transportation, many welfare recipients are unable to find and maintain jobs located out of the reach of traditional forms of public transportation. Professor Garnett argues that lawmakers should remove restrictions on informal van or jitney services, allowing entrepreneurs to provide low-cost transportation to their communities. This reform would not only help people get to work, but it could also provide jobs for low-income people.
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
Journal Articles
In the spring of 1959, when I was faculty advisor of the law review (then called the Notre Dame Lawyer), and my future colleague Bob Blakey was the student associate editor, we worked together on an article called A.I.D.—An Heir of Controversy. The subject, artificial insemination from a donor, was interesting, the treatment was at once lively, rueful, and orthodox, and the conclusion was an engaging shrug of the shoulders: "Upon that note . . . your writer respectfully throws in the towel.'' The author, a graduate of Boston College Law School taking an advanced degree at New York University, …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
Divorce And The Catholic Lawyer, John J. Coughlin
Divorce And The Catholic Lawyer, John J. Coughlin
Journal Articles
On January 28, 2002, Pope John Paul II focused his annual address to the officials of the Roman Rota on the topic of the indissolubility of marriage. At the conclusion of this theological and canonical analysis, the Holy Father made a few short statements cautioning civil lawyers about divorces cases. The following day, a story in The New York Times carried the headline "John Paul Says Catholic Bar Must Refuse Divorce Cases." The article construed the pope's reference as a blanket prohibition against Catholic lawyers handling divorce cases. It further questioned whether the prohibition contradicted the Pontiff's prior emphasis on …
The Use And Misuse Of Antiabuse Rules: Lessons From The Partnership Antiabuse Regulations, Alan Gunn
The Use And Misuse Of Antiabuse Rules: Lessons From The Partnership Antiabuse Regulations, Alan Gunn
Journal Articles
Subchapter K of the U.S. Internal Revenue Code was designed to achieve simplicity and flexibility in taxing partners. To limit this flexibility the regulations under subchapter K contain "antiabuse rules", aimed at insuring that subchapter K rules are applied consistently, with the "intent" of those rules in mind and allowing the Commissioner to treat a partnership as an aggregate of its partners in applying any Internal Revenue Code provision. Though antiabuse rules have received harsh criticism for being badly written, they are valuable in many ways. Such rules define abuse as something distinct in principle from substance-over-form and business purpose …