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Articles 48781 - 48810 of 54562
Full-Text Articles in Entire DC Network
Toward A Representation-Reinforcing Mode Of Judicial Review, John Hart Ely
Toward A Representation-Reinforcing Mode Of Judicial Review, John Hart Ely
Maryland Law Review
No abstract provided.
Tax Consequences For Corporate Divisions Of The Family Farm Corporation, Edwin T. Hood, John D. Shores, Charles S. Triplett
Tax Consequences For Corporate Divisions Of The Family Farm Corporation, Edwin T. Hood, John D. Shores, Charles S. Triplett
Faculty Works
No abstract provided.
Federal Appellate Procedure - Recall Of Mandate - Review Of Judgments After Rehearing And Appeal Periods Expire, Steven D. Mclamb
Federal Appellate Procedure - Recall Of Mandate - Review Of Judgments After Rehearing And Appeal Periods Expire, Steven D. Mclamb
Villanova Law Review (1956 - )
No abstract provided.
Divorce-Custody Dispositions: The Child's Wishes In Perspective, Lawrence A. Moskowitz
Divorce-Custody Dispositions: The Child's Wishes In Perspective, Lawrence A. Moskowitz
Santa Clara Law Review
No abstract provided.
Protecting First Amendment Rights Of Defendants By Limiting Plaintiffs' Access To The Courts: Procedural Approaches To Noerr And Sullivan, Minn. L. Rev. Editorial Board
Protecting First Amendment Rights Of Defendants By Limiting Plaintiffs' Access To The Courts: Procedural Approaches To Noerr And Sullivan, Minn. L. Rev. Editorial Board
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Judicial Deradicalization Of The Wagner Act And The Origins Of Modern Legal Consciousness, 1937-1941, Karl E. Klare
Judicial Deradicalization Of The Wagner Act And The Origins Of Modern Legal Consciousness, 1937-1941, Karl E. Klare
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Review, Government By Judiciary, Richard Kay
Review, Government By Judiciary, Richard Kay
Faculty Articles and Papers
Reviewing Government by Judiciary, by Raoul Berger: Harvard University Press, Cambridge, Massachusetts, 1977
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.
Acid Coal Mine Drainage: Past Pollution And Current Regulation, Patrick C. Mcginley, Thomas J. Sweet
Acid Coal Mine Drainage: Past Pollution And Current Regulation, Patrick C. Mcginley, Thomas J. Sweet
Duquesne Law Review
No abstract provided.
Towards A Human Rights Theory Of Criminal Law: A Humanistic Perspective, John Delaney
Towards A Human Rights Theory Of Criminal Law: A Humanistic Perspective, John Delaney
Hofstra Law Review
No abstract provided.
Return To The Cuckoo's Nest: An Examination Of The National Commission Report On Psychosurgery, Steven C. Spronz
Return To The Cuckoo's Nest: An Examination Of The National Commission Report On Psychosurgery, Steven C. Spronz
Hofstra Law Review
No abstract provided.
The Affirmative Duty Of Federal Departments And Agencies To Restore Endangered And Threatened Species, Martha T. Eider-Orley
The Affirmative Duty Of Federal Departments And Agencies To Restore Endangered And Threatened Species, Martha T. Eider-Orley
Hofstra Law Review
No abstract provided.
Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation Of Constitutionality, Robert J. Liberatore
Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation Of Constitutionality, Robert J. Liberatore
University of Baltimore Law Review
The fourth amendment to the United States Constitution proscribes "unreasonable searches and seizures" and requires that warrants be issued only upon probable cause. There is no distinction drawn between an administrative inspection and a criminal search. Yet, a different treatment has evolved in Supreme Court decisions on these two classifications of searches. This Comment addresses Maryland's warrantless administrative inspection laws in light of the standards that the Court has applied to similar enactments.
Prospective Applications Of The Article Iv Privileges And Immunities Clause Of The United States Constitution , William A. Knox
Prospective Applications Of The Article Iv Privileges And Immunities Clause Of The United States Constitution , William A. Knox
Missouri Law Review
No abstract provided.
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.
Lugosi V. Universal Pictures: Descent Of The Right Of Publicity, Jon B. Eisenberg
Lugosi V. Universal Pictures: Descent Of The Right Of Publicity, Jon B. Eisenberg
UC Law Journal
The "right of publicity" provides celebrities with exclusive rights to the pecuniary value in their names and likenesses. A case presently before the California Supreme Court, Lugosi v. Universal Pictures, raises the question of whether this right should survive the death of a celebrity and descend to heirs. This Note examines the descent issue and concludes that the right of publicity should be descendible for a limited term of years.
Marsiglio Of Padova: Father And Creator Of The Modern Legal System, Peter J. Riga
Marsiglio Of Padova: Father And Creator Of The Modern Legal System, Peter J. Riga
UC Law Journal
This 14th century philosopher extended the theories of Aristotle and Thomas Aquinas in proposing the divorce of secular law from religious rule. In his view, only human jurisdiction and human law are valid in dealing with the natural world. The author presents Marsiglio as the first truly modem formulator of positive law, and his work as the foundation of the modern secular state.
Conscience And Civil Disobedience In Jewish, Christian, And Greek And Roman Thought, Milton R. Konvitz
Conscience And Civil Disobedience In Jewish, Christian, And Greek And Roman Thought, Milton R. Konvitz
UC Law Journal
In this Article, the author traces the origin and development of the concepts of conscience and civil disobedience. The author initially investigates biblical passages and then discusses Greek and Roman writings. The final portion of the Article focuses upon the development of these concepts in modern Christianity.
Judicial Responsibility And Moral Values, Lois G. Forer
Judicial Responsibility And Moral Values, Lois G. Forer
UC Law Journal
The author discusses the ethical quandries faced daily by trial court judges. Suggestions are made as to how the judiciary might take a more active role in ferreting out the ills of society.
Restitution For Life Salvage At Sea In The Wake Of Peninsular & Oriental Steam Navigation Co. V. Overseas Oil Carriers, Inc., Derek B. Jacobson
Restitution For Life Salvage At Sea In The Wake Of Peninsular & Oriental Steam Navigation Co. V. Overseas Oil Carriers, Inc., Derek B. Jacobson
UC Law Journal
The United States Court of Appeals for the Second Circuit has recognized a quasi-contract remedy for those who save life on the high seas. The Note examines the court's decision in light of admiralty's traditional stance denying recovery to the life salvor and legislative responses to that doctrine.
Human Rights--An Issue For Our Time, Arthur J. Goldberg
Human Rights--An Issue For Our Time, Arthur J. Goldberg
UC Law Journal
The author, who was the U.S. Ambassador to the human rights conference, discusses the American tradition of support for human rights and its current efforts to persuade other countries to accept these principles.
Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness
Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness
Law Faculty Scholarly Articles
Although adequate supplies of water are generally available in Kentucky, the law governing its use and allocation is much less satisfactory. At present, Kentucky water law is a complex mixture of common law and statutory water rights. The purpose of this article is to evaluate these water rights and suggest a number of improvements. Part I will examine the common law rules as they relate to both surface water and ground water. Part II will focus upon Kentucky's present system of statutory water use regulation and will identify some of its more serious deficiencies. Part III will recommend some short-range …
Farm Tax Advantages After The Tax Reform Act Of 1976: Congress Finds The Needle But Misses The Haystack, Daniel A. Minkler
Farm Tax Advantages After The Tax Reform Act Of 1976: Congress Finds The Needle But Misses The Haystack, Daniel A. Minkler
Cleveland State Law Review
This Note will first explain the source and operation of the benefits that may be derived from the utilization of the farm tax rules. Additionally, the ability of taxpayers to use farm losses to offset nonfarm income through sheltered investments will be examined. Next, the Note will review the attempt of Congress to reform the farm tax laws through the Tax Reform Act of 1969, including the attempted elimination of sheltered farm investments. Part III of the Note will explore the mechanics of those provisions of the Tax Reform Act of 19766 which were designed to curtail the use of …
What Is Taught In The First Year Property Course?, John A. Humbach
What Is Taught In The First Year Property Course?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The battle over the first-year curriculum will unlikely ever end so long as there is a diversity of views as to what ought to be taught there. Because first-year courses are both a requirement (for the most part) and an initiation, most would probably agree that their subject matter should tend to emphasize the fundamental and general, not the esoteric or the highly specialized areas of legal knowledge. Nevertheless, first year subject matter should not be so abstractly "general" that it is too far removed from the real issues which a practical lawyer is likely to face. Beyond this, agreement …
The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?
Washington and Lee Law Review
No abstract provided.
Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning
Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning
Vanderbilt Journal of Transnational Law
The Warsaw Convention, now over 45 years old, was originally designed to aid the growth of a new, undeveloped, and somewhat perplexing commercial enterprise--the international air transportation industry. Unfortunately, the drafters of the Convention took a narrow, and perhaps ill-advised, view of regulation of liability. They limited the carriers' liability for damage to an amount that could easily have been foreseen to be unworkable and they defined the concept of fault in ambiguous terms. While this fledgling attempt to codify an area of private international law was meant to provide a uniformity of terms that would be workable in a …
Inspecting The Castle: The Constitutionality Of Municipal Housing Code Enforcement At Point Of Sale, Kathleen L. Barber
Inspecting The Castle: The Constitutionality Of Municipal Housing Code Enforcement At Point Of Sale, Kathleen L. Barber
Loyola University Chicago Law Journal
No abstract provided.
Session Law 78-081, Florida Senate & House Of Representatives
Session Law 78-081, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
University of Michigan Journal of Law Reform
This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …
Standing To Challenge Internal Revenue Service Decisionmaking: The Need For A Better Rationale, Clifford M. Gerber
Standing To Challenge Internal Revenue Service Decisionmaking: The Need For A Better Rationale, Clifford M. Gerber
Hofstra Law Review
No abstract provided.