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432,869 full-text articles. Page 6688 of 7211.

The Nonproblem Of Fundamentalism, Andrew Koppelman 2010 College of William & Mary Law School

The Nonproblem Of Fundamentalism, Andrew Koppelman

William & Mary Bill of Rights Journal

No abstract provided.


God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks 2010 College of William & Mary Law School

God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross 2010 College of William & Mary Law School

Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross

William & Mary Bill of Rights Journal

No abstract provided.


Embryo Fundamentalism, June Carbone, Naomi Cahn 2010 College of William & Mary Law School

Embryo Fundamentalism, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.


Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson 2010 College of William & Mary Law School

Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson

William & Mary Bill of Rights Journal

No abstract provided.


Setting The Boundaries Of The Census Clause: Normitive And Legal Concerns Regarding The American Community Survey, Carrie Pixler 2010 College of William & Mary Law School

Setting The Boundaries Of The Census Clause: Normitive And Legal Concerns Regarding The American Community Survey, Carrie Pixler

William & Mary Bill of Rights Journal

No abstract provided.


The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton 2010 College of William & Mary Law School

The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.


Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear 2010 College of William & Mary Law School

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and ...


Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer 2010 University of Michigan Law School

Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer

University of Michigan Journal of Law Reform

This Note explores the future of interactive computer service provider (ICSP) liability for user-generated content under the Communications Decency Act (CDA) after Roommates.com II. Roommates.com II held that a housing website was not entitled to immunity under § 230 of the CDA from federal Fair Housing Act claims, in part because providing preselected answers to a mandatory questionnaire rendered the site an "information content provider" at least partially responsible for creation or development of answers. After examining the historical and legislative origins of ICSP immunity for user-generated content under 47 U.S. C. § 230, this Note argues that courts ...


Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove 2010 Harvard Law School

Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove

University of Michigan Journal of Law Reform

Once again embroiled in an unpopular overseas armed conflict, the United States faces difficult questions concerning the constitutional use of military force. Records from the Constitutional Convention suggest the Framers intended to lodge America's power to go to war with the Congress. While American presidents' early use of military force displays deference to the legislature, more recent military actions illustrate the executive's dominance in making war. Notwithstanding a few early court decisions in Congress 's favor, the judiciary has been unhelpful in restoring the constitutional Framers' vision for the administration of the war power Congress, therefore, has been ...


Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel 2010 Embry Riddle Aeronautical University

Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel

Applied Aviation Sciences - Daytona Beach

As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the ...


Indestructible Unalienable Rights, Donald E. Wilkes Jr. 2010 University of Georgia School of Law

Indestructible Unalienable Rights, Donald E. Wilkes Jr.

Popular Media

Perhaps the sublimest achievement of the Western World is the development of the notion that all human beings have immutable, imperishable basic rights, rights that trump all other interests, rights that cannot be denied or trampled upon except through injustice and barbarity. These rights of individuals include political rights, civil rights, and social rights.


The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth 2010 Michigan State University College of Law

The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth

University of Michigan Journal of Law Reform

In 1984, the U.S. Armed Forces amended its capital punishment system for death eligible murder to bring it into compliance with Furman v. Georgia. Those amendments were modeled after death penalty legislation prevailing in over thirty states. After a brief period between 1986 and 1990, the charging decisions of commanders and the conviction and sentencing decisions of court martial members (jurors) transformed the military death penalty system into a dual system that treats two classes of death eligible murder quite differently. Since 1990, a member of the armed forces accused of a killing a commissioned officer or murder with ...


Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. McGinley 2010 William S. Boyd School of Law

Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley

University of Michigan Journal of Law Reform

This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities.

While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and ...


Taking Away An Artist’S “Get Out Of Jail Free” Card: Making Changes And Applying Basic Contract Principles To California’S Talent Agencies Act, Gregory Albert 2010 Franklin Pierce Law Center, Concord, NH

Taking Away An Artist’S “Get Out Of Jail Free” Card: Making Changes And Applying Basic Contract Principles To California’S Talent Agencies Act, Gregory Albert

The University of New Hampshire Law Review

[Excerpt] “From its predecessors dating back to 1913 to the current version, the California Talent Agencies Act of 1978 (“TAA” or “the Act”) has aimed to protect artists from talent agents who would take advantage of them. The Act originally prohibited agents from “sending artists to ‘house[s] of ill fame’ or saloons, or allowing ‘persons of bad character’ to frequent their establishments.” By requiring talent agents to have a license, “the Act establishes detailed requirements for how the licensed talent agencies conduct their business, including a code of conduct, submission of contracts and fee schedules to the state, maintenance ...


The Educational Pipeline To Law School—Too Broken And Too Narrow To Provide Diversity, Sarah E. Redfield 2010 Franklin Pierce Law Center, Concord, NH

The Educational Pipeline To Law School—Too Broken And Too Narrow To Provide Diversity, Sarah E. Redfield

The University of New Hampshire Law Review

[Excerpt] “The legal profession remains markedly out of sync with the changing demographics of the country, where the population is projected to be over 50 percent minority by 2050. Against this trend, law school enrollment hovers around 20 percent minority, including over 7 percent Asian students. Enrollment of some minority groups shows a decline rather than improvement. These numbers will remain static or continue to decline if the profession does not pay far more serious attention to the current leaks and gaps along the educational pipeline, far before students seek admission at the law school gates.”


Table Of Contents, Volume 8, Number 3, 2010, Editorial Board 2010 University of New Hampshire School of Law

Table Of Contents, Volume 8, Number 3, 2010, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Eight, Issue Number Three.


Masthead, Volume 8, Number 3, 2010, Editorial Board 2010 University of New Hampshire School of Law

Masthead, Volume 8, Number 3, 2010, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Eight, Issue Number Three.


Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft 2010 Attorney in Private Practice, Concord, NH

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”


Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning 2010 New Hampshire Department of Education

Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning

The University of New Hampshire Law Review

[Excerpt] “Long before the framers of New Hampshire’s first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement.

By 1708, the provincial government in New Hampshire had established the first public school. Not surprisingly, the school was in Portsmouth, which was, at the time, the seat of the provincial government. On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. Under the same act, a community that had one ...


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