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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
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
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
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
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
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.