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Articles 99841 - 99870 of 103645
Full-Text Articles in Entire DC Network
Constitutional Law - First Amendment - Release Of Toll Call Billing Records Disclosing Journalists' Confidential Sources Held Not Violate Of Freedom Of The Press And Not To Require Prior Judicial Review, Arthur B. Axelson
Villanova Law Review (1956 - )
No abstract provided.
A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.
A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.
Articles
In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …
Standards Of Judicial Review For Conditions Of Pretrial Detention, Minn. L. Rev. Editorial Board
Standards Of Judicial Review For Conditions Of Pretrial Detention, Minn. L. Rev. Editorial Board
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Constitutional Law: Speech That Aids And Abets Tax Fraud, Minn. L. Rev. Editorial Board
Constitutional Law: Speech That Aids And Abets Tax Fraud, Minn. L. Rev. Editorial Board
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Uniform Commercial Code: Buyers Of Nonconforming Goods Who Revoke Acceptance Under Section 2-608 May Recover The Purchase Price From A Remote Supplier Despite Lack Of Privity Of Contract, Minn. L. Rev. Editorial Board
Uniform Commercial Code: Buyers Of Nonconforming Goods Who Revoke Acceptance Under Section 2-608 May Recover The Purchase Price From A Remote Supplier Despite Lack Of Privity Of Contract, Minn. L. Rev. Editorial Board
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Professor Delgado's Brainwashing Defense: Courting A Determinist Legal System, Joshua Dressler
Professor Delgado's Brainwashing Defense: Courting A Determinist Legal System, Joshua Dressler
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Legal Malpractice--A Consideration Of The Elements Of A Strong Plantiff's Case, Richard D. Bridgman
Legal Malpractice--A Consideration Of The Elements Of A Strong Plantiff's Case, Richard D. Bridgman
South Carolina Law Review
No abstract provided.
Torts, Karen A. Gould
Joint Custody, Carolyn S. Bratt
Joint Custody, Carolyn S. Bratt
Law Faculty Scholarly Articles
Shared custody has traditionally been looked upon with disfavor by the courts. Similarly, some professionals in the field of child development oppose the concept of shared custody. There are, however, several advantages to shared custody. The legal system benefits, as judges escape the unenviable task of playing Solomon. The child benefits because both parents continue to have a voice in the child’s upbringing, and the child continues to enjoy the love, advice, and companionship of both parents. In addition, because both parents share the responsibility of child raising, neither is faced with the loss of self-esteem which results from being …
The Process Is Part Of The Problem, Julius G. Getman
The Process Is Part Of The Problem, Julius G. Getman
Case Western Reserve Law Review
No abstract provided.
Reflections On Voluntary Compliance Under The Federal Election Campaign Act, Thomas B. Curtis
Reflections On Voluntary Compliance Under The Federal Election Campaign Act, Thomas B. Curtis
Case Western Reserve Law Review
No abstract provided.
Judicial Creation Of The Prima Facie Tort Of Plagiarism In Furtherance Of American Protection Of Moral Rights, Carolyn W. Davenport
Judicial Creation Of The Prima Facie Tort Of Plagiarism In Furtherance Of American Protection Of Moral Rights, Carolyn W. Davenport
Case Western Reserve Law Review
No abstract provided.
The Rightness Of The "Rightness Of Things", Paul H. Brietzke
The Rightness Of The "Rightness Of Things", Paul H. Brietzke
Valparaiso University Law Review
No abstract provided.
The Need For Regulation Of Air Ambulance Services, D. Paul Dalton
The Need For Regulation Of Air Ambulance Services, D. Paul Dalton
Journal of Air Law and Commerce
No abstract provided.
The Absoluteness Of The First Amendment, Stephen W. Gard
The Absoluteness Of The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …
The False Claims Act: Potential Application To Members Of Congress, Trienah A. Meyers
The False Claims Act: Potential Application To Members Of Congress, Trienah A. Meyers
University of Dayton Law Review
The False Claims Act is a civil remedy for the restitution to the government of monies fraudulently obtained from the government. The Act provides for a civil suit, by either the federal government or a private plaintiff, for restitution plus a $2,000 statutory penalty where allegedly fraudulent claims have been presented for payment from the United States Treasury. Section 231 is the substantive provision of the Act delineating the circumstances in which a remedy will be available. Section 232 is the major procedural provision, and outlines the parties and the steps necessary to pursue a suit under the Act. Taken …
Spendthrift Trusts And Employee Pensions: The Problem Of Creditors' Rights, Jeffrey G. Sherman
Spendthrift Trusts And Employee Pensions: The Problem Of Creditors' Rights, Jeffrey G. Sherman
Indiana Law Journal
No abstract provided.
The Applicability Of The Constitutional Privilege To Defame: Question Of Law Or Question Of Fact?, Christopher G. Scanlon
The Applicability Of The Constitutional Privilege To Defame: Question Of Law Or Question Of Fact?, Christopher G. Scanlon
Indiana Law Journal
No abstract provided.
1978/79, Indiana University School Of Law
1978/79, Indiana University School Of Law
Dean's Reports
Contents include faculty news, staff news, major academic events, curriculum and programs, recruitment, student achievements (a sampling), alumni and development, employment and a strategic plan update.
Constitutional Law - Particular Expressions And Limitations - North Dakota Statute Requiring Disclosure Of The Identity Of Sponsors Of Campaign Literature Regarding Initiated Measures Is Unconstitutional, John T. Traynor Jr.
North Dakota Law Review
No abstract provided.
Comment: Out Of The Closet, Out Of A Job: Due Process In Teacher Disqualification, Jeanne La Borde Scholz
Comment: Out Of The Closet, Out Of A Job: Due Process In Teacher Disqualification, Jeanne La Borde Scholz
UC Law Constitutional Quarterly
No abstract provided.
Retributivism: A Just Basis For Criminal Sentences, Robert A. Pugsley
Retributivism: A Just Basis For Criminal Sentences, Robert A. Pugsley
Hofstra Law Review
No abstract provided.
"Pressing" Out The Wrinkles In Maryland's Shield Law For Journalists, Bruce L. Bortz, Laurie R. Bortz
"Pressing" Out The Wrinkles In Maryland's Shield Law For Journalists, Bruce L. Bortz, Laurie R. Bortz
University of Baltimore Law Review
Little has been written about Maryland's shield law¹ for journalists in the eighty-three years that it has existed. In this Article, the authors provide a history and analysis of the law, along with recommendations for its improvement.
A Lack Of Fair Procedures In The Administrative Process: Disciplinary Proceedings At The Stock Exchanges And The Nasd , Lewis D. Lowenfels
A Lack Of Fair Procedures In The Administrative Process: Disciplinary Proceedings At The Stock Exchanges And The Nasd , Lewis D. Lowenfels
Cornell Law Review
No abstract provided.
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
UC Law Journal
Compulsory licensing is a system by which the copyright owners of most music are required to license their music to others for recording purposes. Under present and prior law, the royalty rate to be paid under compulsory licenses is specified by statute. Although the parties to a license are free to negotiate both the terms and royalty rates of the license, the terms are in fact dictated by the recording industry and the statutory royalty rate is never exceeded. The author analyzes the events that have created this situation and recommends that the statutory royalty rate be greatly increased so …
Give Me A Home Where No Salesmen Phone: Telephone Solicitation And The First Amendment, Susan Burnett Luten
Give Me A Home Where No Salesmen Phone: Telephone Solicitation And The First Amendment, Susan Burnett Luten
UC Law Constitutional Quarterly
No abstract provided.
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
Faculty Scholarship
This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Prisoners' Rights To Physical And Mental Health Care: A Modern Expansion Of The Eight Amendment's Cruel And Unusual Punishment Clause , Stuart Klein
Fordham Urban Law Journal
This article addresses the need for appropriate mental health care in the prison system. Applying the eighth amendment's cruel and unusual punishment clause, the article outlines the current system for medical care and psychological programs within jails and prisons. Focusing on the deficiencies of medical care, the article proposes adding support to the modernization of mental health care by recognizing that the eighth amendment applies not just to the terms of imprisonment but to the availability of care.
Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja
Closure Orders: Safeguard Of Fair Trial Or Prior Restraint, John G. Luboja
Fordham Urban Law Journal
This note addresses the competing constitutional guarantees of freedom of the press and the right to a fair trial by one's peers. Examining New York's ruling in Gannett, the note traces the history of each right and explores the need for each to be protected. Ultimately, the note cautions a liberal interpretation of the Gannett decision and rather asks the Supreme Court to find a balance between the rights of the accused and the rights of the press.