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Full-Text Articles in Law

Anderson V. Augusta Chronicle: The Plight Of The Actual Malice Doctrine In South Carolina Defamation Jurisprudence, Christopher S. Mcdonald Jul 2006

Anderson V. Augusta Chronicle: The Plight Of The Actual Malice Doctrine In South Carolina Defamation Jurisprudence, Christopher S. Mcdonald

South Carolina Law Review

No abstract provided.


Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan Jul 2006

Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan

South Carolina Law Review

No abstract provided.


People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger Jul 2006

People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger

Northern Illinois University Law Review

This article begins by attempting to understand sniff search jurisprudence through the earliest Supreme Court precedent and the application of those cases by the various circuits. Then after a brief discussion of the Caballes case itself it attempts to discern the various arguments made by the parties in the suit, scholars, and practitioners, examining each for its relative merit. Finally, the article attempts to predict what impact Caballes will have on both the use of canines in law enforcement and other technologies that serve similar purposes.


Dworkin In The Desert Of The Real, David Gray Carlson Jul 2006

Dworkin In The Desert Of The Real, David Gray Carlson

University of Miami Law Review

No abstract provided.


The South Carolina Uniform Securities Act Of 2005: A Balancing Act Under A New Blue Sky, J. Parks Workman Apr 2006

The South Carolina Uniform Securities Act Of 2005: A Balancing Act Under A New Blue Sky, J. Parks Workman

South Carolina Law Review

No abstract provided.


A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland Apr 2006

A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland

South Carolina Law Review

No abstract provided.


Evaluating The Supreme Court's Establishment Clause Jurisprudence In The Wake Of Van Orden V. Perry And Mccreary County V. Aclu, Christopher B. Harwood Apr 2006

Evaluating The Supreme Court's Establishment Clause Jurisprudence In The Wake Of Van Orden V. Perry And Mccreary County V. Aclu, Christopher B. Harwood

Missouri Law Review

Part I of this Article provides an account of the Van Orden and McCreary opinions (and, in so doing, lays the foundation for the remainder of the Article). Part II describes the predominant Establishment Clause principles - neutrality and accommodation. Then, using the Van Orden and McCreary opinions, it identifies the supporters and opponents of each principle (as of last term) and, thus, shows which principle enjoyed majority support; sets forth the justifications given by the Justices for their positions; and illustrates the principles' outcome determinative nature. Part II concludes by considering whether the death of Chief Justice Rehnquist and …


Critical Constitutionalism Now, Louis Michael Seidman Jan 2006

Critical Constitutionalism Now, Louis Michael Seidman

Fordham Law Review

No abstract provided.


The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky Jan 2006

The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha Jan 2006

A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha

Fordham Law Review

No abstract provided.


The Jurisprudence Of Justice Stevens, William Michael Treanor Jan 2006

The Jurisprudence Of Justice Stevens, William Michael Treanor

Fordham Law Review

No abstract provided.


The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming Jan 2006

The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming

Fordham Law Review

No abstract provided.


Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel Jan 2006

Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel

Fordham Law Review

No abstract provided.


Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber Jan 2006

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

Fordham Law Review

No abstract provided.


Constitutional Chicken Soup, Tracy E. Higgins Jan 2006

Constitutional Chicken Soup, Tracy E. Higgins

Fordham Law Review

No abstract provided.


The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl Jan 2006

The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl

Fordham Law Review

No abstract provided.


Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet Jan 2006

Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet

Fordham Law Review

No abstract provided.


From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan Jan 2006

From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan

Fordham Law Review

No abstract provided.


Constitutions As "Living Trees"? Comparative Constitutional Law And Interpretive Metaphors, Vicki C. Jackson Jan 2006

Constitutions As "Living Trees"? Comparative Constitutional Law And Interpretive Metaphors, Vicki C. Jackson

Fordham Law Review

No abstract provided.


What Is The Internal Point Of View?, Scott J. Shapiro Jan 2006

What Is The Internal Point Of View?, Scott J. Shapiro

Fordham Law Review

No abstract provided.


Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry Jan 2006

Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry

Fordham Law Review

No abstract provided.


Hobbes And The Internal Point Of View, Claire Finkelstein Jan 2006

Hobbes And The Internal Point Of View, Claire Finkelstein

Fordham Law Review

No abstract provided.


Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky Jan 2006

Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter Jan 2006

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Fordham Law Review

No abstract provided.


Rules, Standards, And The Internal Point Of View, Dale A. Nance Jan 2006

Rules, Standards, And The Internal Point Of View, Dale A. Nance

Fordham Law Review

No abstract provided.


The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce Jan 2006

The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce

Fordham Law Review

No abstract provided.


Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky Jan 2006

Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort Jan 2006

Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort

Fordham Law Review

No abstract provided.


A Tale Of Two Trajectories, Cynthia A. Williams Jan 2006

A Tale Of Two Trajectories, Cynthia A. Williams

Fordham Law Review

No abstract provided.


Are Constitutional Norms Legal Norms?, Jeremy Waldron Jan 2006

Are Constitutional Norms Legal Norms?, Jeremy Waldron

Fordham Law Review

No abstract provided.