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Articles 15511 - 15540 of 16568
Full-Text Articles in Entire DC Network
Legal Aid For The Poor: A Conceptual Analysis, Marshall J. Breger
Legal Aid For The Poor: A Conceptual Analysis, Marshall J. Breger
North Carolina Law Review
No abstract provided.
William E. Conklin, In Defense Of Fundamental Rights, And Bernard H. Siegan, Economic Liberties And The Constitution, Paul H. Brietzke
William E. Conklin, In Defense Of Fundamental Rights, And Bernard H. Siegan, Economic Liberties And The Constitution, Paul H. Brietzke
Valparaiso University Law Review
No abstract provided.
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Michigan Journal of International Law
One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …
Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young
Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young
Michigan Journal of International Law
A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …
Jewett V. Commissioner: Unforeseen Crisis Of Disclaimers, Frances S. Glushakow-Smith
Jewett V. Commissioner: Unforeseen Crisis Of Disclaimers, Frances S. Glushakow-Smith
Loyola University Chicago Law Journal
No abstract provided.
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
Indiana Law Journal
No abstract provided.
Ancillary Jurisdiction And Intervention Under Federal Rule 24: Analysis And Proposals, Jeffrey L. Rensberger
Ancillary Jurisdiction And Intervention Under Federal Rule 24: Analysis And Proposals, Jeffrey L. Rensberger
Indiana Law Journal
No abstract provided.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Book Chapters
If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Surrogate Gestation And The Protection Of Choice, M. Louise Graham
Surrogate Gestation And The Protection Of Choice, M. Louise Graham
Santa Clara Law Review
No abstract provided.
Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher
Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher
Articles by Maurer Faculty
No abstract provided.
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Notes On A Grand Illusion: Some Limits On The Use Of Bayesian Theory In Evidence Law, Craig R. Callen
Indiana Law Journal
No abstract provided.
Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely
Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely
UC Law Journal
Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that …
Regulatory Takings: The Supreme Court Runs Out Of Gas In San Diego, Douglas W. Kmiec
Regulatory Takings: The Supreme Court Runs Out Of Gas In San Diego, Douglas W. Kmiec
Indiana Law Journal
No abstract provided.
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
Journal of Criminal Law and Criminology
No abstract provided.
Human Motivation: The Inadequacy Of Economists' Models, Alfred F. Mackay
Human Motivation: The Inadequacy Of Economists' Models, Alfred F. Mackay
Hofstra Law Review
No abstract provided.
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
Comment On The Plain English Movement, David S. Cohen
Comment On The Plain English Movement, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The purpose of this comment is to demonstrate that plain English contracts may carry more risks than benefits; the approach may, in fact, present a regressive stage in the evolution of consumer law.
International Arbitration In Denmark, C. Kaare Pedersen
International Arbitration In Denmark, C. Kaare Pedersen
Case Western Reserve Journal of International Law
No abstract provided.
The New World Information Order: A Legal Framework For Debate, Bryan J. Holzberg
The New World Information Order: A Legal Framework For Debate, Bryan J. Holzberg
Case Western Reserve Journal of International Law
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
University of Michigan Journal of Law Reform
This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.
The Future Of Human Rights In International Jurisprudence: An Optimistic Appraisal, Benjamin B. Ferencz
The Future Of Human Rights In International Jurisprudence: An Optimistic Appraisal, Benjamin B. Ferencz
Hofstra Law Review
No abstract provided.
Moral Theology In Legal Ethics, Thomas L. Shaffer
Moral Theology In Legal Ethics, Thomas L. Shaffer
Journal Articles
I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …
The Right To Be Different: An Exploratory Proposal For The Creation Of A New Human Right, Farooq Hassan
The Right To Be Different: An Exploratory Proposal For The Creation Of A New Human Right, Farooq Hassan
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee
American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee
American Indian Law Review
No abstract provided.
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
American Indian Law Review
No abstract provided.
Indian Education: Bilingual Education--A Legal Right For Native Americans, Melissa Annis
Indian Education: Bilingual Education--A Legal Right For Native Americans, Melissa Annis
American Indian Law Review
No abstract provided.
Das Profil Des Juristen In Der Europiiischen Tradition, William Hamilton Bryson
Das Profil Des Juristen In Der Europiiischen Tradition, William Hamilton Bryson
Law Faculty Publications
A book review on, Das Profil des Juristen in der europiiischen Tradition, by Klaus Luig and Detlef Liebs, eds.,
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Promises In Morality And Law, Joseph Raz
Promises In Morality And Law, Joseph Raz
Faculty Scholarship
J.L. Austin thought that philosophers have much to learn from lawyers and the law. No doubt philosophers and lawyers have a lot to learn from each other wherever their interests intersect. But until now philosophical analysis has done more to elucidate important legal concepts and distinctions than viceversa. P.S. Atiyah's Promises, Morals, and Law may redress this imbalance. In this book, one of today's most accomplished students of the common law examines the nature of promises and the grounds of their binding force. Written in Atiyah's characteristically vigorous and lucid style, the book is a philosophical treatise, but one that …