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Social and Behavioral Sciences Commons

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Articles 1 - 5 of 5

Full-Text Articles in Social and Behavioral Sciences

The Courtroom Technology Wars Are Here!, Fredric I. Lederer Dec 2001

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.


Hot Topic: Supreme Court Limits Civil Penalties Over $50, Sid Hemsley Nov 2001

Hot Topic: Supreme Court Limits Civil Penalties Over $50, Sid Hemsley

MTAS Publications: Hot Topics

Municipal civil penalties in excess of $50 violate Article VI, Section 14 of the Tennessee Constitution if their purpose is punitive rather than remedial, the Tennessee Supreme Court held on Sept. 4 in City of Chattanooga v. Davis and Barrett v. Metropolitan Government of Nashville and Davidson County, ____ S.W.3d _____ (Tenn. 2001) [2001 WL 1005941]. The difficulty of showing that a municipality’s civil penalty is remedial rather than punitive means that most municipalities will find it in their interest not to levy civil penalties more than $50.


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Jan 2001

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

Articles

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …


The Role Of Law In The Functioning Of Federal Systems, George A. Bermann Jan 2001

The Role Of Law In The Functioning Of Federal Systems, George A. Bermann

Faculty Scholarship

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …


Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas Jan 2001

Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas

All Faculty Scholarship

No abstract provided.