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Articles 1 - 30 of 65
Full-Text Articles in Jurisprudence
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
University of Michigan Journal of Law Reform
Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …
The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron
The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron
University of Michigan Journal of Law Reform
Contemporary First Amendment issues in cases involving the electronic media transcend traditional conflicts between the government and the speaker. The speaker is not easy to identify. Listeners, programmer and medium operators or distributors all have competing claims to First Amendment protection. To determine whose interests shall prevail, courts increasingly seek a methodology that accounts for these warring interests. Justice Breyer, along with Justice Souter and, in some respects, Justice Stevens, have been instrumental in reviving balancing as a First Amendment approach in these situations.
In two recent First Amendment cable television cases Turner Broadcasting System, Inc. v. FCC (Turner II) …
Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein
Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein
Vanderbilt Law Review
In Buchanan v. Warley the Supreme Court found that a Louisville, Kentucky, residential segregation ordinance was unconstitutional because it interfered with the Fourteenth Amendment right to own and dispose of property and could not be justified as a police power measure.' The Buchanan decision came at a crucial juncture in the history of American race relations. Several cities in the southern and border states had recently passed residential segregation ordinances, and other cities were poised to follow suit if the Supreme Court ruled that such ordinances were constitutional. Several northern cities were considering adopting residential segregation laws as well,' and …
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
BYU Law Review
No abstract provided.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Judicial Reform And The Supreme Court Of Mexico: The Trajectory Of Three Years, Hector Fix-Fierro
Judicial Reform And The Supreme Court Of Mexico: The Trajectory Of Three Years, Hector Fix-Fierro
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Mexican Justice Towards The 21st Century: The Federal Council Of The Judicature: Formation, Branches, And Operation, Mario Melgar Adalid
Mexican Justice Towards The 21st Century: The Federal Council Of The Judicature: Formation, Branches, And Operation, Mario Melgar Adalid
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Past And Possible Future Of The Collective Amparo Process (Amparo Colectivo), Lucio Cabrera Acevedo
Past And Possible Future Of The Collective Amparo Process (Amparo Colectivo), Lucio Cabrera Acevedo
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Process Of Amparo In Commercial Matters, Carlos Loperena Ruiz
The Process Of Amparo In Commercial Matters, Carlos Loperena Ruiz
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Law Of Amparo: A Critical Analysis Of The Function And Uses Of The Amparo Process In International Trade Law Matters, Adrian Vazquez B.
The Law Of Amparo: A Critical Analysis Of The Function And Uses Of The Amparo Process In International Trade Law Matters, Adrian Vazquez B.
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Amparo Process In Mexico, Bruce Zagaris
The Amparo Process In Mexico, Bruce Zagaris
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson
Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Privatization: A Case Analysis Of Special Legal Issues, Antonio Franck Cabrera
Privatization: A Case Analysis Of Special Legal Issues, Antonio Franck Cabrera
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano
Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Some Case Studies Of Joint Ventures With Mexican Ejidos, David D. Spencer, Fernando Rivadeneyra
Some Case Studies Of Joint Ventures With Mexican Ejidos, David D. Spencer, Fernando Rivadeneyra
United States - Mexico Law Journal (1993-2005)
No abstract provided.
How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra
How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle
Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.
The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.
Michigan Law Review
It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
Vanderbilt Journal of Transnational Law
This Article has tried to provide a comprehensive analysis of the role of international law in WHO's future. Whether WHO realizes it, international law has had and will continue to have effects on international health policy. In the future, WHO has a choice: It can continue to act as if international law plays no role in global public health or it can build the commitment and capacity needed to integrate international law into its endeavors and into the creation of global health jurisprudence. Building such commitment and capacity will not resurrect WHO to its past glories, but they may very …
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
UIC Law Review
No abstract provided.
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
UIC Law Review
No abstract provided.
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland
UIC Law Review
No abstract provided.
Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed
UIC Law Review
No abstract provided.
Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh
Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh
UIC Law Review
No abstract provided.
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger
Cleveland State Law Review
Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White
Kentucky Law Journal
No abstract provided.
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
UIC Law Review
No abstract provided.
Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May
UIC Law Review
No abstract provided.
The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock
The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock
Oklahoma Law Review
No abstract provided.