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Articles 3121 - 3150 of 4041

Full-Text Articles in Other Law

No Law ... Abridging, Joel Gora Jan 2001

No Law ... Abridging, Joel Gora

Faculty Scholarship

No abstract provided.


Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger Jan 2001

Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger

Faculty Scholarship

No abstract provided.


2001 Annual Report, State Of California. Department Of Financial Institutions Jan 2001

2001 Annual Report, State Of California. Department Of Financial Institutions

California Agencies

No abstract provided.


Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins Jan 2001

Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins

Law Faculty Publications

An article about how a "more seasoned" law librarian remains fresh in his or her career.


Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik Jan 2001

Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik

Scholarly Works

No abstract provided.


The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson Jan 2001

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

Faculty Law Review Articles

This article addresses the potential objections to applying fiduciary standards to higher government functionaries by exploring a case that proved it feasible: the government of the Roman Emperor Trajan. The author asks, if fiduciary government was practicable in a narrowly based regime governing a multicultural empire -- where communication was slow and information expensive -- why is it not achievable in America today. The author concludes that the principles by which Trajan governed are a rebuke to our own, less exacting, standards of public law today and that holding government to fiduciary standards, even in a huge multicultural empire, is …


Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer Jan 2001

Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer

Scholarly Works

No abstract provided.


Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus Jan 2001

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus Jan 2001

The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine Jan 2001

Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine

Scholarly Works

This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser Jan 2001

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.


They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley Jan 2001

They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley

Scholarly Works

Under Oregon law, persons who sell securities in violation of statutory registration requirements, or by means of some misrepresentation or omission of material fact, may be liable to any person or entity who buys securities from or through them. Likewise, persons who buy securities by means of some misrepresentation or omission of material fact may be liable to any person or entity who sells securities to or through them. In addition to, or in lieu of, suing the person who committed the material misrepresentation or omission, a plaintiff may sue one or more persons or entities who might be vicariously …


The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill Jan 2001

The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill

University of Richmond Law Review

Harold "Freddy" Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can "trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. " He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied to vote in the 1996 election for the trustees of the Office of Hawaiian Affairs ("OHA"), however, his application was denied. Why? Because, according to a state statute, he was not Hawaiian enough.


Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson Jan 2001

Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson

University of Richmond Law Review

Years after his death, John Wayne sells beer in television commercials. Eons after their extinction, lifelike dinosaurs continue to terrorize actors and thrill moviegoers. The highest- grossing film of all time4 employs "virtual" passengers aboard the Titanic, worrying some members of the Screen Actors Guild. All of these feats have been accomplished using sophisticated computer graphics software that blurs the distinction between imagination and reality. This manipulative digital power has raised concerns about such things as "digital kidnapping," the unauthorized misuse of digital images. For example, such digital misuse could include, as intellectual property professor Joseph Beard notes, "a star …


Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson Jan 2001

Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson

Seattle University Law Review

This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …


Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman Jan 2001

Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth G. Adelman

Journal Articles

No abstract provided.


Gaming And Wagering Contracts, Boon Leong, Andrew Phang Jan 2001

Gaming And Wagering Contracts, Boon Leong, Andrew Phang

Research Collection Yong Pung How School Of Law

No abstract provided.


Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen Jan 2001

Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen

Seattle University Law Review

The article explores the meaning of the rule of law within the American political and legal systems by analyzing the concept in the abstract and its application in President Clinton’s impeachment.


Initiative Process In Washington, Philip A. Talmadge Jan 2001

Initiative Process In Washington, Philip A. Talmadge

Seattle University Law Review

This is an introduction to the Seattle University Law Review's Symposium on the initiative process in Washington. In this Symposium, the authors address a variety of issues associated with the initiative process in our state. They examine the specific case of Initiative 695, the role of the courts in reviewing initiatives, the application of the Republican Government Clause in the United States Constitution to Washington's initiative process, and the larger question of whether the entire initiative process is unconstitutional. These articles are timely analyses of a pressing public issue. This Seattle University Law Review Symposium on initiatives will highlight difficult …


Initiatives—Enemy Of The Republic, Brewster C. Denny Jan 2001

Initiatives—Enemy Of The Republic, Brewster C. Denny

Seattle University Law Review

The Seattle University Law Review's Symposium on the initiative process in Washington State addresses an issue of both transcendent importance to the health of the Republic and immediate challenge to the welfare of the children of this state. This discussion could not be more timely, and not just locally. Here's why. Devolution, tax cuts for the rich and the super rich, welfare reform, and a more conservative, market-oriented philosophy of government lay on the states and low income parents and children the burden of meeting the most critical needs of children-from prenatal care through college. With twenty percent of our …


Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller Jan 2001

Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller

Seattle University Law Review

This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.


Direct Democracy Is Not Republican Government, Steven William Marlowe Jan 2001

Direct Democracy Is Not Republican Government, Steven William Marlowe

Seattle University Law Review

This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.


Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards Jan 2001

Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards

Scholarly Works

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


History, Legal Scholarship, And Latcrit Theory: The Case Of Racial Transformations Circa The Spanish American War, 1896-1900, Sylvia R. Lazos Jan 2001

History, Legal Scholarship, And Latcrit Theory: The Case Of Racial Transformations Circa The Spanish American War, 1896-1900, Sylvia R. Lazos

Scholarly Works

The period from 1896 to 1900, the period prior to, during, and immediately following the Spanish American War, which became known to Americans as the “splendid little war,” was a momentous time. An in-depth study of this five-year period--the events leading to the Spanish American War, the War itself and its aftermath--yields a rich and deep understanding of themes at the core of LatCrit theory. This is a key turning point in racial formation of Latino/as, American foreign policy, and American democracy. The U.S. abandoned its isolationist stance, and awkwardly embraced its “duty and obligation” as a “benevolent” world power. …


A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley Jan 2001

A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley

Scholarly Works

This article traces the evolution of the doctrine of anticipatory repudiation from its foundations laid years before the landmark case of Hochster v. De la Tour, 118 Eng. Rep. 922 (Q.B. 1853), through Hochster, its growing acceptance by American courts in the late-1800s and early-1900s, its canonization in the first Restatement of Contracts (despite the Restatement's principal Reporter's personal objections to the doctrine), its codification in the Uniform Commercial Code, its standardization in the Restatement (Second) of Contracts, and its inclusion in the U.N. Convention on Contracts for the International Sale of Goods. This article devotes considerable attention not only …


Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus Jan 2001

Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus

Scholarly Works

Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …


Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson Jan 2001

Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson

Cleveland State Law Review

This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …


Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto Jan 2001

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

Faculty Scholarship

No abstract provided.