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Articles 11701 - 11730 of 12452
Full-Text Articles in Entire DC Network
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
Faculty Publications
No abstract provided.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Faculty Publications
No abstract provided.
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
Faculty Publications
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Faculty Publications
Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.
The Doctrine Of The Rule Of Law In The Twentieth Century, Noel B. Reynolds
The Doctrine Of The Rule Of Law In The Twentieth Century, Noel B. Reynolds
Faculty Publications
The concept of rule of law has been recognized repeatedly in twentieth century political and philosophical discussion, but with a constantly shifting meaning. In this paper we document most of the serious contributions to thought about rule of law before 1985 as a background to further work on the topic.
Interpreting Plato's Euthyphro And Meno, Noel B. Reynolds
Interpreting Plato's Euthyphro And Meno, Noel B. Reynolds
Faculty Publications
Plato's decision to use heuristic drama (in the tradition of Aeschylus and Sophocles) as a vehicle for his philosophical teachings forces the serious reader to make a careful examination of the literary elements of the dialogues. Plato's basic reason for using this literary form is to provide guidance for the interpretation of the content. As Kitto has observed, "In a great work of art, whether a play, a picture, or a piece of music, the connexion between the form and the content is so vital that the two may be said to be ultimately identical." It is therefore counterproductive to …
The Second Death Of Federalism, William W. Van Alstyne
The Second Death Of Federalism, William W. Van Alstyne
Faculty Publications
In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
Faculty Publications
No abstract provided.
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Faculty Publications
In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
Faculty Publications
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
Faculty Publications
No abstract provided.
Collective Bargaining In Chapter 11 And Beyond, B. Glenn George
Collective Bargaining In Chapter 11 And Beyond, B. Glenn George
Faculty Publications
No abstract provided.
Farmland Preservation, Linda A. Malone
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
Faculty Publications
No abstract provided.
Religious Symbols And The Establishment Clause, Neal Devins
Religious Symbols And The Establishment Clause, Neal Devins
Faculty Publications
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Faculty Publications
No abstract provided.
Political Education And The History Of Political Thought, Daniel R. Sabia
Political Education And The History Of Political Thought, Daniel R. Sabia
Faculty Publications
Texts designed to introduce political science students to the history of political thought or to past political theories have been commonplace in the discipline, as have disputes about their pedagogical utility or justifiability, and methodological debates concerning their adequacy or legitimacy. In an effort to address these disputes and some of these debates, I construct three models of historiographical inquiry. Each model represents a particular approach, and each is defined in terms of three common features. The methodological debates are joined both indirectly and directly: indirectly by identifying clearly the majorfeatures and purposes of these approaches, and directly by consideration …
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
Faculty Publications
No abstract provided.
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Faculty Publications
No abstract provided.
Administrative Law, Paul A. Lebel
Administrative Law, Paul A. Lebel
Faculty Publications
This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
Faculty Publications
No abstract provided.
George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds
George Orwell: Socialist Or Liberal?. Big Brother And The Abuse Of Power., Noel B. Reynolds
Faculty Publications
For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Faculty Publications
In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …
Typology And The Levitical System Part 2, Richard M. Davidson
Typology And The Levitical System Part 2, Richard M. Davidson
Faculty Publications
No abstract provided.
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.