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2006

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Articles 8131 - 8160 of 11610

Full-Text Articles in Law

Extract From United States Code Annotated, Section On Article V, Citing Tillman's A Textualist Defense, Seth Barrett Tillman Jan 2006

Extract From United States Code Annotated, Section On Article V, Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCA.

[January 21, 2009]


Extract From Continuity Of Government Commission Web Page Citing Levinson-Tillman Exchange On The Continuity Of Congress, Seth Barrett Tillman Jan 2006

Extract From Continuity Of Government Commission Web Page Citing Levinson-Tillman Exchange On The Continuity Of Congress, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Continuity of Government Commission web page maintained by the Brookings Insitution and by the American Enterprise Institute citing Levinson-Tillman exchange on the continuity of Congress.

[August 23, 2010]


Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras Jan 2006

Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are ...


Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters Jan 2006

Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters

Articles by Maurer Faculty

What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have almost universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were almost universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary international law's rules on ethnic cleansing?

The Article derives the customary legal norms ...


Are You Misappropriating Client Funds - Missouri's Iolta Plan After Mottl, Timothy D. Steffens Jan 2006

Are You Misappropriating Client Funds - Missouri's Iolta Plan After Mottl, Timothy D. Steffens

Missouri Law Review

No abstract provided.


Eighth Circuit Revisits Restoration Exception To Domestic Violence Gun Ban And Says Restore Means Restore, Natalie J. Nichols Jan 2006

Eighth Circuit Revisits Restoration Exception To Domestic Violence Gun Ban And Says Restore Means Restore, Natalie J. Nichols

Missouri Law Review

No abstract provided.


Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino Jan 2006

Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino

Missouri Law Review

No abstract provided.


Is It Sexual Harassment Or Not - The Single Incident Exception, John C. Ayres Jan 2006

Is It Sexual Harassment Or Not - The Single Incident Exception, John C. Ayres

Missouri Law Review

No abstract provided.


Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed The Variable Appellate Caselaw, Jennifer Koboldt Bukowsky Jan 2006

Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed The Variable Appellate Caselaw, Jennifer Koboldt Bukowsky

Missouri Law Review

No abstract provided.


Table Of Contents - Issue 1 Jan 2006

Table Of Contents - Issue 1

Missouri Law Review

Table of Contents - Issue 1


Table Of Contents - Issue 2 Jan 2006

Table Of Contents - Issue 2

Missouri Law Review

Table of Contents - Issue 2


Table Of Contents - Issue 3 Jan 2006

Table Of Contents - Issue 3

Missouri Law Review

Table of Contents - Issue 3


Table Of Contents - Issue 4 Jan 2006

Table Of Contents - Issue 4

Missouri Law Review

Table of Contents - Issue 4


Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr. Jan 2006

Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr.

Reviews

There is, among some of your reviewer's friends, an abhorrence of tax competition, and a fascination with tax harmonization, that defies simple understanding. The way that the case is typically presented, European tax harmonization is desirable because eliminating tax differences between European nations would promote economic efficiency. With greater economic efficiency, there is more of everything to go around, so it becomes possible to maintain life exactly as it currently is, except that now, instead of every family having one toaster, they can have two. A wise goal, a worthy goal, this economic efficiency-though the drive to eke more ...


Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall Jan 2006

Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall

Law Faculty Research Publications

This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal ...


An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler Jan 2006

An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Intermittent State Constitutionalism, Justin R. Long Jan 2006

Intermittent State Constitutionalism, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Re-Embodying Law, Steven L. Winter Jan 2006

Re-Embodying Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort Jan 2006

Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This paper considers what research in cognitive psychology and behavioral economics has to say about one of the basic "state of mind" constructs in the law of fraud: scienter. It takes a clinical approach, examining the securities fraud case that never happened against Martha Stewart. In granting a judgment of acquittal in Stewart's favor on the securities fraud charge, the court seemingly misunderstood the law of scienter, which turns on awareness rather than purpose. But that simply provides an opportunity to think about what awareness means in the context of financial transactions. From publicly available sources, interesting inferences can ...


Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, And Hierarchy, Frank Rudy Cooper Jan 2006

Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, And Hierarchy, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper contends that popular representations of heterosexual black men are bipolar. Those images alternate between a Bad Black Man who is crime-prone and hypersexual and a Good Black Man who distances himself from blackness and associates with white norms. The threat of the Bad Black Man label provides heterosexual black men with an assimilationist incentive to perform our identities consistent with the Good Black Man image.

The reason for bipolar black masculinity is that it helps resolve the white mainstream's post-civil rights anxiety. That anxiety results from the conflict between the nation's ...


Our International Constitution, Sarah H. Cleveland Jan 2006

Our International Constitution, Sarah H. Cleveland

Yale Journal of International Law

In Roper v. Simmons, six members of the Supreme Court agreed that international law is relevant to determination of "society's evolving standards of decency" under the Eighth Amendment. Roper represented the culmination of a battle over the use of international and foreign law in constitutional interpretation that has raged on the Court since the late 1980s, and that has found expression recently in cases such as Lawrence v. Texas, invalidating the Texas homosexual sodomy statute; Grutter v. Bollinger, upholding affirmative action in higher education; and Atkins v. Virginia, invalidating the death penalty for the intellectually disabled. And in extrajudicial ...


Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Y. Mccuskey Jan 2006

Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Y. Mccuskey

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Tribute: An Extraordinary Lawyer, Arthur Leavens Jan 2006

Tribute: An Extraordinary Lawyer, Arthur Leavens

Faculty Scholarship

Charles Ogletree, Jr., is one of those persons who, by virtue of his many and varied achievements, has become almost larger than life. Ogletree is a leader in the struggle for civil rights. The Author pays tribute to this tenured Harvard Law School professor.


You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro Jan 2006

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI ...


Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay Jan 2006

Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay

Faculty Scholarship

Almost 30 years ago, in Manson v. Brathwaite--the Supreme Court set out a test for determining when due process requires suppression of an out-of-court identification produced by suggestive police procedures. The Manson Court rejected a per se exclusion rule in favor of a test focusing on whether an identification infected by suggestive procedures is nonetheless reliable when judged in the totality of the circumstances. The purpose of this Article is two-fold: to demonstrate that the Manson rule of decision fails to safeguard due process values, in part because it does not account for the intervening social science research, and to ...


"For Such A Time As This": Bible Versus For Law School Deans, Howard Brill Jan 2006

"For Such A Time As This": Bible Versus For Law School Deans, Howard Brill

School of Law Faculty Publications and Presentations

No abstract provided.


The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee Jan 2006

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render Jan 2006

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Many Are Chilled, But Few Are Frozen: How Transformative Learning In Popular Culture, Christianity, And Science Will Lead To The Eventual Demise Of Legally Sanctioned Discrimination Against Sexual Minorities In The United States, Susan J. Becker Jan 2006

Many Are Chilled, But Few Are Frozen: How Transformative Learning In Popular Culture, Christianity, And Science Will Lead To The Eventual Demise Of Legally Sanctioned Discrimination Against Sexual Minorities In The United States, Susan J. Becker

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson Jan 2006

Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.