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Articles 13021 - 13050 of 16638
Full-Text Articles in Entire DC Network
Rfra-Vote Gambling: Why Paulsen Is Wrong, As Usual, Suzanna Sherry
Rfra-Vote Gambling: Why Paulsen Is Wrong, As Usual, Suzanna Sherry
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Anasazi Jurisprudence, John W. Ragsdale Jr
Viola Marie Cameron, Tina Cotton V. Gunther's, Inc., Lennox, Inc., Frank Robinette, Wayne Viehwig, Pat Viehwig, Does 1-10 : Brief In Opposition To Certiorari, Utah Court Of Appeals
Viola Marie Cameron, Tina Cotton V. Gunther's, Inc., Lennox, Inc., Frank Robinette, Wayne Viehwig, Pat Viehwig, Does 1-10 : Brief In Opposition To Certiorari, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
BRIEF OF APPELLEE GUNTHER'S, INC., IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
Legitimacy And The Useful Arts, Craig Allen Nard
Legitimacy And The Useful Arts, Craig Allen Nard
Faculty Publications
The fundamental question this Article addresses is who should be primarily responsible for making patent validity determinations: the courts5 or the Patent and Trademark Office (“PTO”)?6 Which entity *517 would best serve the constitutional goal of promoting the progress of the useful arts?
Legal Writing As A Kind Of Philosophy, 48 Mercer L. Rev. 1091 (1997), Joel R. Cornwell
Legal Writing As A Kind Of Philosophy, 48 Mercer L. Rev. 1091 (1997), Joel R. Cornwell
UIC Law Open Access Faculty Scholarship
No abstract provided.
Gag Orders & (And) Attorney Discipline Rules: Why Not Base The Former Upon The Latter, Douglas E. Mirell
Gag Orders & (And) Attorney Discipline Rules: Why Not Base The Former Upon The Latter, Douglas E. Mirell
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Death By Judicial Overkill: The Unconstitutionality Of Overriding Jury Recommendations Against The Death Penalty, Jason C. Tran
Death By Judicial Overkill: The Unconstitutionality Of Overriding Jury Recommendations Against The Death Penalty, Jason C. Tran
Loyola of Los Angeles Law Review
No abstract provided.
What Trina Taught Me: Reflections On Mediation, Inequality, Teaching And Life, Carrie Menkel-Meadow
What Trina Taught Me: Reflections On Mediation, Inequality, Teaching And Life, Carrie Menkel-Meadow
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Bananas And Treaty-Making Powers: Current Issues In The External Trade Law Of The European Union, Inger Osterdahl
Bananas And Treaty-Making Powers: Current Issues In The External Trade Law Of The European Union, Inger Osterdahl
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Interpretation And Philosophy: Dworkin's Constitution, Edward B. Foley
Interpretation And Philosophy: Dworkin's Constitution, Edward B. Foley
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
The Multiple Self: Exploring Between And Beyond Modernity And Postmodernity, John A. Powell
The Multiple Self: Exploring Between And Beyond Modernity And Postmodernity, John A. Powell
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green
UIC Law Open Access Faculty Scholarship
No abstract provided.
Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth Decourcy Ferguson
Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth Decourcy Ferguson
Oklahoma Law Review
No abstract provided.
Patent Law: Warner-Jenkinson Co. V. Hilton Davis Chemical Co.: How Can The Federal Circuit Control The Doctrine Of Equivalents Following The Supreme Court's Refusal To Set The Standard?, Richard L. Wynne Jr.
Patent Law: Warner-Jenkinson Co. V. Hilton Davis Chemical Co.: How Can The Federal Circuit Control The Doctrine Of Equivalents Following The Supreme Court's Refusal To Set The Standard?, Richard L. Wynne Jr.
Oklahoma Law Review
No abstract provided.
Options Trading In Foreign Currency Excluded From Regulation By The Cftc, Alex Goldman
Options Trading In Foreign Currency Excluded From Regulation By The Cftc, Alex Goldman
Loyola Consumer Law Review
No abstract provided.
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
Michigan Journal of Race and Law
This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
Michigan Journal of Race and Law
As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …
New Approaches To Safety, Robert T. Francis
New Approaches To Safety, Robert T. Francis
Journal of Air Law and Commerce
No abstract provided.
For The Liberal Transformation Of Japanese Legal Culture: A Review Of The Recent Scholarship And Practice, Setsuo Miyazawa
For The Liberal Transformation Of Japanese Legal Culture: A Review Of The Recent Scholarship And Practice, Setsuo Miyazawa
Faculty Scholarship
In this paper, I wish to discuss two problems. Firstly, I wish to discuss what transformation of the Japanese legal culture is desirable. Secondly, I wish to discuss how such transformation could be brought about. These questions require me to review both the scholarship and the practice. Stewart Macaulay wrote (Macaulay, 1992) that when Joel Handler went to Philadelphia in 1992 to give his presidential address at an annual meeting of the Law and Society Association and criticize postmodernist scholars for their disabling impacts on transformative politics (Handler, 1992), he rattled the cage. Handler actually rattled the cage strongly enough …
Race-Based Affirmative Action And International Law, Jordan J. Paust
Race-Based Affirmative Action And International Law, Jordan J. Paust
Michigan Journal of International Law
International law, which is part of the supreme law of the United States, provides significant affirmation of the legal propriety of race-based affirmative action. At least two human rights treaties ratified by the United States are particularly useful in identifying the acceptability of certain measures of affirmative action as well as the duty to take special and concrete measures of affirmative action in certain circumstances. Such a duty is not merely based in supreme federal law, relevant to decision-making at federal and state levels, but is also contained in federal policy relevant to the constitutional precept of federal preemption. Treaty-based …
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
The Role Of National Courts In International Trade Relations, Meinhard Hilf
The Role Of National Courts In International Trade Relations, Meinhard Hilf
Michigan Journal of International Law
Part I of this article identifies and analyzes some modern trends in judicial review in the area of international relations. Section Part II then examines and briefly discusses the existence of judicial review for both national and international levels of protection and the possibilities for linking the two. A major part, Part III, is devoted to the specific role of national courts within the WTO system. Finally, Part IV draws conclusions and suggests some means for improving the judicial review offered by national courts and for linking them to the interstate dispute settlement on the international level.
Reexamining Race And Racial Identity In The United States, Jeffrey H. Rutherford
Reexamining Race And Racial Identity In The United States, Jeffrey H. Rutherford
Minnesota Journal of Law & Inequality
Symposium: Our Private Obsession, Our Public Sin: Foreword
Racial Identity And The State: The Dilemmas Of Classification, Michael Omi
Racial Identity And The State: The Dilemmas Of Classification, Michael Omi
Minnesota Journal of Law & Inequality
Symposium: Our Private Obsession, Our Public Sin
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Journal Articles
The relationship between law and religion has become the subject of a sustained and robust debate. However, unlike earlier theological attempts to ground law in religion or the Divine, participants in the modem debate rarely, if ever, argue for a theological or religious legitimation of law. Either implicitly or explicitly, there appears to be a modem consensus among legal scholars and philosophers that the world has been disenchanted. The world can no longer be viewed as an integrated, meaningful whole under a comprehensive religious or metaphysical worldview, and law can no longer be legitimized by its religious or metaphysical foundations. …
The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis
The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis
Law Faculty Articles and Essays
Every time I teach a class on church and state, I am reminded again of how much we owe to the religious minorities in our midst. If it were not for Amish, Quakers, Jews, Santerians and especially Jehovah's Witnesses, what an impoverished understanding we would have, not only of the religion clauses of the First Amendment, but also of the Free Speech Clause. The original parents in Wisconsin v. Yoder are now grandparents, and their children, with or without the benefit of a high school education, have grown to adulthood and probably have children of their own. But 25 years …
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Articles
This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack Player
Faculty Publications
No abstract provided.
Status Of Indigenous Rights In Fiji, Nehla Basawaiya
Status Of Indigenous Rights In Fiji, Nehla Basawaiya
St. Thomas Law Review
No abstract provided.