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Articles 15211 - 15240 of 16578
Full-Text Articles in Entire DC Network
The Uncertain Quest For Welfare Rights, Richard A. Epstein
The Uncertain Quest For Welfare Rights, Richard A. Epstein
Articles
No abstract provided.
Torts - Charitable Immunity - Exception For Negligent Hiring Does Not Exist Under New Jersey's Charitable Immunity Act - Schultz V. Roman Catholic Archdiocese, 95 N.J. 530, 472 A.2d 531 (1984)., Darlene J. Pereksta
Seton Hall Law Review
No abstract provided.
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Faculty Publications
The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.
Theory And Practice Of The European Convention On Human Rights, By P. Van Dijk And G.J.F. Van Hoof, James J. Busuttil
Theory And Practice Of The European Convention On Human Rights, By P. Van Dijk And G.J.F. Van Hoof, James J. Busuttil
Maryland Journal of International Law
No abstract provided.
Peacetime Unilateral Remedies: An Analysis Of Countermeasures, By Elisabeth Zoller, George A. Lopez
Peacetime Unilateral Remedies: An Analysis Of Countermeasures, By Elisabeth Zoller, George A. Lopez
Maryland Journal of International Law
No abstract provided.
Patients, Agents, And Informed Consent, Joram Graf Haber
Patients, Agents, And Informed Consent, Joram Graf Haber
Journal of Law and Health
In Part II of this article, I develop the "patient" / agent distinction from the vantage point of humanistic ethics. This is the view that the knowledge of man is the basis for establishing norms and values. In Part III, I argue that the "patient" / agent distinction correlates the the Kantian notions of heteronomy / autonomy, and disrespect for autonomy / respect for autonomy. In Part IV, I show that the "patient" / agent distinction also correlates with the standards of disclosure the courts have adopted in deciding informed consent cases. Finally, in Part V, I show how the …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
When Is A Car A Bicycle And Other Riddles: The Definition Of A Security Under The Federal Securities Laws, M. Thomas Arnold
When Is A Car A Bicycle And Other Riddles: The Definition Of A Security Under The Federal Securities Laws, M. Thomas Arnold
Cleveland State Law Review
In Marine Bank v. Weaver, the United States Supreme Court decided that a certificate of deposit purchased from a federally-regulated bank was not, under the circumstances of the case, a security under federal laws. Several recent federal court cases have considered the question of the status of certificates of deposit under factual circumstances somewhat different from Weaver. Two of these cases provide an interesting study of the uncertainty that continues to surround the definition of a security. And despite the lengthy definitions of "security" found in federal securities laws, much uncertainty remains as to exactly what is included within the …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
Cleveland State Law Review
In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Cleveland State Law Review
Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …
The Definition Of A Security Under The Federal Securities Law Revisited, M. Thomas Arnold
The Definition Of A Security Under The Federal Securities Law Revisited, M. Thomas Arnold
Cleveland State Law Review
The United States Supreme Court recently decided two cases involving the definition of "security" as used in the federal securities acts. In this brief case comment I will summarize the majority and dissenting opinions in Landreth Timber Co. v. Landreth, and Gould v. Ruefenacht . I will then comment on some of the policy questions raised by the cases, and conclude by evaluating how much guidance the two cases provide on the proper definition of "security".
Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen
Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Northwestern Journal of International Law & Business
This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
NYLS Journal of Human Rights
No abstract provided.
Table Of Contents Vol. 5 Iss. 1, Mc Law
A Response To Fish And White, Richard Weisberg
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Faculty Scholarship
No abstract provided.
But Cf. ..., Daniel A. Farber, David P. Bryden
But Cf. ..., Daniel A. Farber, David P. Bryden
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance
Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance
Faculty Publications
This paper addresses an important problem in modem legal philosophy: the problem of identifying the proper role of the concept of coercion in a general theory of the nature of law. The present state of philosophical art on this topic is the legacy of difficulties arising from a naive positivism - generally thought to have over-emphasized the role of coercive power. The resulting reaction in modem jurisprudence against the focus upon coercion reflects a failure to come to grips fully with the underlying methodological issues of descriptive legal theory.
The First Decade Under Article Vi Of The Federal Rules Of Evidence: Some Suggested Amendments To Fill Gaps And Cure Confusion, John R. Schmertz Jr.
The First Decade Under Article Vi Of The Federal Rules Of Evidence: Some Suggested Amendments To Fill Gaps And Cure Confusion, John R. Schmertz Jr.
Villanova Law Review (1956 - )
No abstract provided.
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Shifting Vocabulary Of Antitrust--Legal Linguistics In A Period Of Change, Betty Bock
The Shifting Vocabulary Of Antitrust--Legal Linguistics In A Period Of Change, Betty Bock
Case Western Reserve Law Review
No abstract provided.
Language And The Law, Bernhard Grossfield
Language And The Law, Bernhard Grossfield
Journal of Air Law and Commerce
No abstract provided.
Volume 36 Issue 2 (1985), Case Western Reserve Law Review
Volume 36 Issue 2 (1985), Case Western Reserve Law Review
Case Western Reserve Law Review
No abstract provided.
Ruminations On Statutory Interpretation In The Burger Court, Paul N. Cox
Ruminations On Statutory Interpretation In The Burger Court, Paul N. Cox
Valparaiso University Law Review
No abstract provided.
A Too Brief Reply To D'Amato, Boyle, Cullison And Stith, Neil Maccormick
A Too Brief Reply To D'Amato, Boyle, Cullison And Stith, Neil Maccormick
Valparaiso University Law Review
No abstract provided.
Federal Preemption Of State Conservations Laws After The Natural Gas Policy Act: A Preliminary Look, Stephen F. Willaims
Federal Preemption Of State Conservations Laws After The Natural Gas Policy Act: A Preliminary Look, Stephen F. Willaims
University of Colorado Law Review
No abstract provided.
Bad Faith Case Law In Mississippi - Mired In A Linguistic Bog - Reserve Life Insurance Company V. Mcgee, Linda T. Greaves
Bad Faith Case Law In Mississippi - Mired In A Linguistic Bog - Reserve Life Insurance Company V. Mcgee, Linda T. Greaves
MC Law Review
Notes