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Articles 14431 - 14460 of 16599
Full-Text Articles in Entire DC Network
The Insurance Industry's 1970 Pollution Exclusion: An Exercise In Ambiguity, John S. Vishneski Iii, Todd G. Zimmerman, Robert A. Creamer, Judith N. Levi
The Insurance Industry's 1970 Pollution Exclusion: An Exercise In Ambiguity, John S. Vishneski Iii, Todd G. Zimmerman, Robert A. Creamer, Judith N. Levi
Loyola University Chicago Law Journal
No abstract provided.
The Futile Search For Alternative Media In Symbolic Speech Cases, William E. Lee
The Futile Search For Alternative Media In Symbolic Speech Cases, William E. Lee
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Constructing Justice: Theories Of The Subject In Law And Literature, Betsy B. Baker
Constructing Justice: Theories Of The Subject In Law And Literature, Betsy B. Baker
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Book Reviews Of Interpreting The Constitution: The Supreme Court And The Process Of Adjudication, And On Reading The Constitution, Larry Alexander
Book Reviews Of Interpreting The Constitution: The Supreme Court And The Process Of Adjudication, And On Reading The Constitution, Larry Alexander
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Interpreting the Constitution: The Supreme Court and the Process of Adjudication. By Harry H. Wellington. New Haven, Conn.: Yale University Press. 1990. Pp xii, 196 ; On Reading the Constitution. By Laurence H. Tribe and Michael C. Dorf. Cambridge, Mass.: Harvard University Press. 1991. Pp. 144. Reviewed by: Larry Alexander.
The First Amendment At Its Third Century: Reckoning With The Ravages Of Time, Donald E. Lively
The First Amendment At Its Third Century: Reckoning With The Ravages Of Time, Donald E. Lively
UC Law Constitutional Quarterly
No abstract provided.
Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross
Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Scholarly Works
The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …
Teaching Students How To "Think Like Lawyers": Integrating Socratic Method With The Writing Process, Mary Beth Beazley, Mary Kate Kearney
Teaching Students How To "Think Like Lawyers": Integrating Socratic Method With The Writing Process, Mary Beth Beazley, Mary Kate Kearney
Scholarly Works
Professor Beazley begins this article with an overview of how Socratic method and the writing process have traditionally been used and how they can be integrated in the legal writing course. The remainder of the article is devoted to an analysis of how this integration can be achieved in a five-step structured dialogue. She and her co-author identified these five steps as: (1) the assignment, or "instigating question"; (2) the student's written answer, in a series of "focused drafts" with "private memos"; (3) the teacher's written response, using Socratic questions whenever possible; (4) the conference, where the teacher can use …
The Police Have Become Our Nosy Neighbors: Florida V. Riley And Other Supreme Court Deviations From Katz
University of Colorado Law Review
No abstract provided.
Postmodern Identity And The Legal Subjest, Jennifer Wicke
Postmodern Identity And The Legal Subjest, Jennifer Wicke
University of Colorado Law Review
No abstract provided.
Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle
Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle
University of Colorado Law Review
No abstract provided.
The Poverty Of Postmodern Theory, Dale Jamieson
The Poverty Of Postmodern Theory, Dale Jamieson
University of Colorado Law Review
No abstract provided.
Perpich V. Department Of Defense: Federalism Values And The Militia Clause
Perpich V. Department Of Defense: Federalism Values And The Militia Clause
University of Colorado Law Review
No abstract provided.
Devolution Or Disunion: The Constitution After Meech Lake, Calvin R. Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
Faculty Scholarship
No abstract provided.
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Articles
Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
Seattle University Law Review
Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …
State Judicial Elections And The Voting Rights Act: Defining The Proper Remedial Scheme, Shawn Fremstad
State Judicial Elections And The Voting Rights Act: Defining The Proper Remedial Scheme, Shawn Fremstad
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Critical Race Theory: The Decline Of The Universalist Ideal And The Hope Of Plural Justice--Some Observations And Questions Of An Emerging Phenomenon, Gerald Torres
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
European Merger Control: The Emerging Administrative Practice Of The Ec Commission, Hans-Jörg Niemeyer
European Merger Control: The Emerging Administrative Practice Of The Ec Commission, Hans-Jörg Niemeyer
Fordham International Law Journal
This Article examines the European Community Council Regulation No. 4064/89 which entered into force in September 1990. The focus of the Commission's activity has been on the definition of a concentration pursuant to article 3 and on the substantive appraisal of concentrations pursuant to article 2. On the basis of the decisions issued within the period under examination, it is possible to discern an emerging administrative practice. Additionally, initial developments of interest are apparent in other areas, such as the notification requirement, thresholds and various procedural matters.
The Right Of The People Or The Power Of The State: Bearing Arms, Arming Militias, And The Second Amendment, Stephen P. Halbrook
The Right Of The People Or The Power Of The State: Bearing Arms, Arming Militias, And The Second Amendment, Stephen P. Halbrook
Valparaiso University Law Review
No abstract provided.
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Michigan Journal of International Law
Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Michigan Journal of International Law
This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.
Book Review Of Whom Does The Constitution Command?, Thomas P. Lewis
Book Review Of Whom Does The Constitution Command?, Thomas P. Lewis
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Whom Does the Constitution Command? By Larry Alexander and Paul Horton. Westport, CT.: Greenwood Press. 1988. Pp. xii, 169. Reviewed by: Thomas P. Lewis.
Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers
Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Indiana Law Journal
No abstract provided.
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke
Loyola University Chicago Law Journal
No abstract provided.
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
Faculty Publications
No abstract provided.
Missing Evidence, Dale A. Nance
Missing Evidence, Dale A. Nance
Faculty Publications
Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
UC Law Constitutional Quarterly
No abstract provided.