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Articles 7771 - 7800 of 9255
Full-Text Articles in Law
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson
Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Pluralisms: The Indian New Deal As A Model, Dalia Tsuk
Pluralisms: The Indian New Deal As A Model, Dalia Tsuk
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz
The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Fighting Words, Richard L. Abel
Fighting Words, Richard L. Abel
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
College Prep: What Every Consumer Should Know About Education Expenses And The Economic Growth & (And) Tax Relief Act Of 2001, Regina Rathnau
College Prep: What Every Consumer Should Know About Education Expenses And The Economic Growth & (And) Tax Relief Act Of 2001, Regina Rathnau
Loyola Consumer Law Review
No abstract provided.
Front Matter, Volume 26, Number 2, University Of Dayton
Front Matter, Volume 26, Number 2, University Of Dayton
University of Dayton Law Review
Table of contents, Volume 26, Number 2
Foreword, Robert A. Kreiss
Foreword, Robert A. Kreiss
University of Dayton Law Review
Symposium: Copyright's Balance in an Internet World
Let The Crawlers Crawl: On Virtual Gatekeepers And The Right To Exclude Indexing, Niva Elkin-Koren
Let The Crawlers Crawl: On Virtual Gatekeepers And The Right To Exclude Indexing, Niva Elkin-Koren
University of Dayton Law Review
Symposium: Copyright's Balance in an Internet World
A Preliminary Economic Analysis Of Napster: Internet Technology, Copyright Liability, And The Possibility Of Coasean Bargaining, Alfred C. Yen
A Preliminary Economic Analysis Of Napster: Internet Technology, Copyright Liability, And The Possibility Of Coasean Bargaining, Alfred C. Yen
University of Dayton Law Review
Symposium: Copyright's Balance in an Internet World
Adrift In The Digital Millennium Copyright Act: The Sequel, Diane Leenheer Zimmerman
Adrift In The Digital Millennium Copyright Act: The Sequel, Diane Leenheer Zimmerman
University of Dayton Law Review
Symposium: Copyright's Balance in an Internet World
Catholics, The Magisterium, And Moral Controversy: An Argument For Independent Judgment (With Particular Reference To Catholic Law Schools), Michael J. Perry
Catholics, The Magisterium, And Moral Controversy: An Argument For Independent Judgment (With Particular Reference To Catholic Law Schools), Michael J. Perry
University of Dayton Law Review
No abstract provided.
Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond
Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond
Faculty Scholarship
No abstract provided.
Clearly Canadian--Hill V. Colorado And Free Speech Balancing In The United States And Canada, Donald L. Beschle
Clearly Canadian--Hill V. Colorado And Free Speech Balancing In The United States And Canada, Donald L. Beschle
UC Law Constitutional Quarterly
Two doctrines have equally influenced and informed the debate regrading the scope of the First Amendment free speech guarantee: absolutism versus the balancing of competing interests. Despite the language of the United States Constitution that suggests the application of absolutes, the courts have often resorted to balancing in the resolution of cases. This Article examines the debate by comparing the different approaches taken by the courts in the United States and Canada. This examination reveals that perhaps the two doctrines do not need to negate each other in their application, and that a recent decision by the United States Supreme …
Supreme Court Voting Behavior: 1999 Term, Richard G. Wilkins, Scott Worthington, Rachelle Fleming, Matthew Fleming
Supreme Court Voting Behavior: 1999 Term, Richard G. Wilkins, Scott Worthington, Rachelle Fleming, Matthew Fleming
UC Law Constitutional Quarterly
This Study, the fourteenth in a series, tabulates and analyzes the voting behavior of the United States Supreme Court during the 1999 Term. The analysis is designed to determine whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same as compared with past Terms. This Term's survey suggests a reversal of the Court's liberal trend over the past two Terms, with conservative movement in six of the ten categories. Specifically, the Court's support of statutory civil rights claims plummeted to an all time low, while the Court exhibited a dramatic conservative …
Tracking In An Era Of Standards: Low-Expectation Classes Meet High-Expectation Laws, Kevin G. Welner
Tracking In An Era Of Standards: Low-Expectation Classes Meet High-Expectation Laws, Kevin G. Welner
UC Law Constitutional Quarterly
This article explores racial resegregation of students through the practice of tracking - the grouping of students into separate classrooms pursuant to perceived academic ability. It places tracking within its larger historical context, as a means for white parents to feel secure about their children's education, and presents a review of scholarly literature concerning the characteristics and application tracking. The main body of the article then sets forth recent analyses of data from two school districts, investigating the harmful and segregative effects of tracking. The article ends by examining aspects of tracking that leave it susceptible to legal challenge, considering …
Sexually Explicit Speech, Jerrold J. Kippen
Sexually Explicit Speech, Jerrold J. Kippen
UC Law Constitutional Quarterly
Despite the title, this Note does not attempt to articulate a defense of sexually explicit speech. Rather, the effort here is to expose current inconsistencies in First Amendment speech doctrine and to argue that those inconsistencies are the result of the excessive, if not wholly improper, weight given to majoritarian morality when evaluating the regulation of non-obscence sexually explicit speech. Thus, this Note will argue that the Supreme Court's treatment of non-obscene sexually explicit speech in the form of licensing, zoning and nudity regulations has weakened the scrutiny applied to all speech regulations. The Note concludes that, because the assesment …
The Marlboro Man's Secret Versus The Public Health: Trade Secrets And Unconstitutional Takings In Phillip Morris V. Reilly, Melanie Tang
The Marlboro Man's Secret Versus The Public Health: Trade Secrets And Unconstitutional Takings In Phillip Morris V. Reilly, Melanie Tang
UC Law Constitutional Quarterly
Trade secrets have traditionally been considered to be property interests under the law protected by the Fifth Amendment. However, in a series of decisions finding a Massachusetts tobacco product disclosure law to be unconstitutional, the Massachusetts district court departed from established Fifth Amendment takings case law, setting a precedent for successful "regulatory takings" challenges by private companies to public health, welfare, and safety laws. This Note discusses the novel interpretation of a property owner's reasonable investment-backed expectations advanced by the Phillip Morris holdings in contravention to Ruckelshaus v. Monsanto, as x ell as the misguided analysis of the character of …
Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit
Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit
St. Mary's Law Journal
The Texas system leaves the elderly and disabled vulnerable to financial vultures. Despite guardianship and pre-planning processes meant to empower elderly and disabled Texans to choose who shall manage their affairs, the Texas system may give a financial vulture access to the elderly or disabled’s accounts. Texas agencies such as Adult Protective Services’ purpose is to stop the abuse of the elderly, however, the agency is sometimes used as a tool to circumvent the stated wishes of an elderly person. For example, a person seeking to exploit an elderly person may do so by simply filing charges with Adult Protective …
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Law and Contemporary Problems
The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
Articles
Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …
How To Talk About Religion, James Boyd White
How To Talk About Religion, James Boyd White
Articles
Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …
Statewide School Athletic Associations And Constitutional Liability: Brentwood Academy V. Tennessee Secondary School Athletic Association, Alan R. Madry
Marquette Sports Law Review
No abstract provided.
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Marquette Sports Law Review
No abstract provided.
Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand
Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand
Marquette Sports Law Review
No abstract provided.
When Did The Constitution Become Law, Gary S. Lawson
When Did The Constitution Become Law, Gary S. Lawson
Faculty Scholarship
Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …
Class Action Advice In The Form Of Questions, Edward H. Cooper
Class Action Advice In The Form Of Questions, Edward H. Cooper
Articles
The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, …
Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross
Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross
Articles
In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …
1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick
1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick
Faculty Scholarship
If ADR is to remain a vibrant part of the judicial landscape, it is essential that efforts further shape ethical standards and guidelines, as well as their practical connotations. The framers of the United States Constitution were very careful to establish a public justice system comprised of judges and juries operating within a framework of standards and protections designed to assure justice and fairness while simultaneously promoting public confidence. We should give similar care to developing processes through which we purportedly intend to accomplish similar objectives in resolving disputes and controversies. At the very least, the private nature of these …