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Articles 961 - 990 of 1722
Full-Text Articles in Entire DC Network
An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin
An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin
Cleveland State Law Review
Race was a central issue in Ohio from the very beginning. The original state constitution of 1802 and the successor constitution of 1851 explicitly limited suffrage to whites even as both documents forbade slavery. Moreover, the legislature imposed various legal disabilities and restrictions on African Americans. For much of the Nineteenth Century, however, the Ohio Supreme Court tried to narrow the scope of those restrictions by developing a distinctive jurisprudence that was in some respects more progressive, and in general less obnoxious, than that developed in other states and by the U.S. Supreme Court. Before the end of the century, …
The Paradox Of Private Policing, Elizabeth E. Joh
The Paradox Of Private Policing, Elizabeth E. Joh
Journal of Criminal Law and Criminology
No abstract provided.
Horizontal Stare Decisis On The U.S. Court Of Appeals For The Sixth Circuit, Emery G. Lee Iii
Horizontal Stare Decisis On The U.S. Court Of Appeals For The Sixth Circuit, Emery G. Lee Iii
Kentucky Law Journal
No abstract provided.
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
Faculty Publications
No abstract provided.
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
Faculty Scholarship
In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …
Dissent, Posner-Style: Judge Richard A. Posner's First Decade Of Dissenting Opinions, 1981-1991 - Toward An Aesthetics Of Judicial Dissenting Style, Robert F. Blomquist
Dissent, Posner-Style: Judge Richard A. Posner's First Decade Of Dissenting Opinions, 1981-1991 - Toward An Aesthetics Of Judicial Dissenting Style, Robert F. Blomquist
Missouri Law Review
The threefold purpose and structure of this Article is as follows. First, in Part II, before plunging into Judge Posner’s dissenting opinions, I search for a preliminary description of the praxis of modern American dissenting opinion style by drawing upon previous legal scholarship and examples of judicial dissents; this discussion will include an examination of some relevant scholarly writings on opinion style by Judge Rischard A. Posner himself. In Part III, I analyze the published dissenting opinions written by Judge Posner during 1981-1991, evaluating the stylistics of these dissents including his sophisticated use of rhetorical devises. Finally, in Part IV …
Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn
Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn
Articles & Book Chapters
The dismantling and restructuring of Keynesian social security programmes have impacted disproportionately on women, especially lone parent mothers, and shifted public discourse and social images from welfare fraud to welfare as fraud, thereby linking poverty, welfare and crime. This article analyzes the current, inordinate focus on 'welfare cheats'. The criminalization of poverty raises theoretical and empirical questions related to regulation, control, and the relationship between them at particular historical moments. Moral regulation scholars working within post-structuralist and post-modern frameworks have developed an influential approach to these issues,however, we situate ourselves in a different stream of critical socio-legal studies that takes …
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Direct Democracy And The Protestant Ethic, Marci A. Hamilton
Articles
No abstract provided.
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Law Faculty Publications
No abstract provided.
The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main
The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main
Scholarly Works
No abstract provided.
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Marquette Law Review
No abstract provided.
Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt
Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt
Faculty Scholarship
In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts should …
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
Vanderbilt Journal of Transnational Law
Although the World Trade Organization (WTO) is one of the most significant international institutions, its function, domain, and legitimacy are still heavily contested. The Author examines the history of the founding of the General Agreement on Tariffs and Trade (GATT), the WTO's predecessor, to see what history reveals about the role that GATT was originally expected to fulfill. The Author's interpretive examination shows that GATT's founders recognized that trade policy must be internationalized in order to give one country an opportunity to participate in the policy-making of other countries; otherwise, a county can impose costs on other countries without representation …
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Transparency And Participation In The World Trade Organization, Steve Charnovitz
Transparency And Participation In The World Trade Organization, Steve Charnovitz
GW Law Faculty Publications & Other Works
This paper discusses the challenge of improving transparency and participation in the World Trade Organization (WTO). Part I explores the development in international trade law of the norm for transparency and participation at the national level. The analysis begins with Immanuel Kant and traces the history of the issue in trade through the League of Nations and then to the postwar trading system culminating in the WTO. Part II describes the WTO's practices regarding openness and public participation, and then criticizes the current limitations. Part III proposes several new steps for the WTO to take to promote transparency and participation. …
Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe
Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe
Tribal Law Journal
Cultural eclipse is a phrase that I coined to describe the inter-relationship between the Aboriginal and European cultures as seen by an observer in space. It depicts the scene of two cultures initially rotating separately in time through the Universe. The European culture slowly drifts towards the Aboriginal culture and partially covers it without consuming it. This paper explores one of the ways indigenous culture is damaged during this "union".
How Not To Count Votes, John Copeland Nagle
How Not To Count Votes, John Copeland Nagle
Journal Articles
Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …
Finding Light In The Darkness? The Historical Treatment Of Genocide As A Template For The Field Of Hate Studies, Raymond C. Sun
Finding Light In The Darkness? The Historical Treatment Of Genocide As A Template For The Field Of Hate Studies, Raymond C. Sun
Journal of Hate Studies
I am discovering that to teach about the history of Nazism, the Holocaust, and genocide is to enter into a profoundly spiritual experience. By this I mean that in engaging with these subjects, students of history must come to terms with some of the most elemental, existential qualities of the human potential for radical destruction and limitless hatred. The topics force us into a direct confrontation with the concept of ultimate evil: its manifold attractions; its power to deceive and destroy both perpetrators and victims; and yet at the same time, appearing in the midst of the reign of death, …
On The Historical School Of Jurisprudence, Robert E. Rodes
On The Historical School Of Jurisprudence, Robert E. Rodes
Journal Articles
Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …
For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik
For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik
University of Miami Law Review
No abstract provided.
The French Connection And The Spanish Perception: Historical Debates And Contemporary Evaluation Of French Influence On Louisiana Civil Law, Vernon Valentine Palmer
The French Connection And The Spanish Perception: Historical Debates And Contemporary Evaluation Of French Influence On Louisiana Civil Law, Vernon Valentine Palmer
Louisiana Law Review
No abstract provided.
Mediated Popular Constitutionalism, Barry Friedman
Mediated Popular Constitutionalism, Barry Friedman
Michigan Law Review
There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial …
Discussing The First Amendment, Christina E. Wells
Discussing The First Amendment, Christina E. Wells
Michigan Law Review
Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of life. Though we agree on this much, we have rarely agreed on much else regarding the appropriate parameters of free expression. Is the First Amendment absolute or does it allow some regulation of speech? Should the First Amendment protect offensive speech, pornography, flag-burning? Why do we protect speech - to promote the search for truth, to promote self-governance, or to protect individual autonomy?2 History is rife with disagreements regarding these issues to which there are no definitive answers. Certainly, the text of …
The Past, Present, And Future Of Bankruptcy Law In America, Todd J. Zywicki
The Past, Present, And Future Of Bankruptcy Law In America, Todd J. Zywicki
Michigan Law Review
As this Review was being written, Congress once again failed to pass the bipartisan bankruptcy-reform bill, although many expect it to be enacted at some point in the near future. At the same time, WorldCom, Enron, Global Crossing, and their ignominous peers continue to set records for the size, expense, and public attention drawn to business bankruptcy. For the first time, consumer bankruptcies surpassed the 1.5 million per year mark, continuing an irresistible upward trend. Meanwhile, law firms announce layoffs and salary freezes in most departments, and bankruptcy professionals prosper amidst the despair, billing $1 million per day on the …
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
San Diego International Law Journal
This Comment will show how the Caroline doctrine came to exist, argue that no real doctrine was created as to an imminence requirement, and show that what is known today as the true Caroline doctrine is really obsolete international law and not a current standard by which to judge the legality of a state's use of force in self-defense.
From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland
From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson
Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson
Osgoode Hall Law Journal
No abstract provided.
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
Journal Articles
No abstract provided.