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Articles 7891 - 7920 of 8076
Full-Text Articles in Entire DC Network
Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora
Panel: State Action And The Constitutional Accountability Of Private Utilities, Joel Gora
Faculty Scholarship
No abstract provided.
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Scholarship
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Constitutional Privacy In Psychotherapy, Steven R. Smith
Constitutional Privacy In Psychotherapy, Steven R. Smith
Faculty Scholarship
No abstract provided.
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
Faculty Scholarship
Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …
Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson
Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson
Faculty Scholarship
No abstract provided.
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Distribution And Structure Of Deep-Water Oculina Varicosa Coral Reefs Off Central Eastern Florida., John K. Reed
Distribution And Structure Of Deep-Water Oculina Varicosa Coral Reefs Off Central Eastern Florida., John K. Reed
Faculty Scholarship
Data on the distribution and growth-form of the scleractinian Oculina varicusa were compiled from 135 submersible dives with the JOHNSON-SEA-L1NK submersibles and 57 dredge and trawl records by the R/V GOSNOLD and R/V AQUARIUS. A deep-water form of O. varicosa, lacking zooxanthellae, was found in depths of 50 to 100 m off central eastern Florida. These colonies are arborescent with highly anastomosed, irregular dendritic branches. Over 50 sites were located at which living colonies of O. varicosa from 0.25 to 2 m diameter occur either singly or as sparsely scattered groups. Nine areas were found with massive thickets of contiguous …
Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith
Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith
Faculty Scholarship
No abstract provided.
Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith
Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith
Faculty Scholarship
No abstract provided.
Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss
Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss
Faculty Scholarship
What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Faculty Scholarship
This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …
Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas
Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas
Faculty Scholarship
Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …
Making The Punishment Fit The Corporation: The Problem Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Making The Punishment Fit The Corporation: The Problem Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Faculty Scholarship
To be "present at the creation," in Dean Acheson's felicitous phrase, is always an honor. In addition, to be present at the commencement of what I expect will be a sustained and fruitful tradition at this law school, namely, the Governor Thompson Lectureship, is a second honor. Finally, let me express my thanks to Dean Bainbridge for a third honor: the compliment implicit in the 2 to 1 odds he has arranged today. Both Norval Morris and Mark Crane are men with distinguished careers in quite different fields of the law. If I am confident of one thing today, it …
Study Of The Reaction P↑P→∆⁺⁺ At 6 Gev/C With Polarized Beam, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar
Study Of The Reaction P↑P→∆⁺⁺ At 6 Gev/C With Polarized Beam, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar
Faculty Scholarship
We have studied the reaction p↑p→nΔ++ at 6 GeV/c incident momentum in which the incident protons are 60% transversely polarized. The experiment used the Argonne National Laboratory Zero Gradient Synchrotron polarized beam and the 12-foot hydrogen bubble chamber. We report on about 6000 Δ++ events, with the Δ++ produced in the backward hemisphere in the c.m. system. Spin-density matrix elements as a function of momentum transfer are presented and small beam-polarization-induced effects are described.
Ambivalent Reflections On Regulation, Roberta S. Karmel
Ambivalent Reflections On Regulation, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Ambivalent Reflections On Regulation, Roberta S. Karmel
Ambivalent Reflections On Regulation, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis
Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis
Faculty Scholarship
No abstract provided.
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Faculty Scholarship
Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti
‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti
Faculty Scholarship
No abstract provided.
Interstate Venue, Geoffrey C. Hazard Jr.
Enforcing Promises: An Examination Of The Basis Of Contract, Charles J. Goetz, Robert E. Scott
Enforcing Promises: An Examination Of The Basis Of Contract, Charles J. Goetz, Robert E. Scott
Faculty Scholarship
The obligation to keep promises is a commonly acknowledged moral duty. Yet not all promises – however solemnly vowed – are enforceable at law. Why are some promises legally binding and others not? Orthodox doctrinal categories provide only modest assistance in answering this persistent question. Conventional analysis, for example, has distinguished promises made in exchange for a return promise or performance from nonreciprocal promises. Indeed, common law "bargain theory" is classically simple: bargained-for promises are presumptively enforceable; nonreciprocal promises are presumptively unenforceable. But this disarmingly simple theory has never mirrored reality. Contract law has ventured far beyond such narrow limitations, …
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Faculty Scholarship
The author notes the Supreme Court should re-evaluate statements regarding a newsperson's right to gather news. By according great weight to a reporter's necessary task of gathering information, the press will have the tools necessary to make publishing meaningful and support the first amendment freedom of the press.
Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi
Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi
Faculty Scholarship
What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …
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 …
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
Faculty Scholarship
No abstract provided.
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav
Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav
Faculty Scholarship
In the beginning, use of the Press Ordinance (hereafter Pr. Ord.) was limited, but as British political control deteriorated it became more extensive and even ruthless. In 1937, the Peel Report complained that the Pr. Ord. was not tough enough and recommended stricter measures.3 At about the same time, the Mandatory Government itself reached the conclusion that the Pr. Ord. was insufficient and issued a series of Defence (Emergency) Regulations which suspended the entire range of civil liberties-including freedom of expression. These Defence (Emergency) Regulations which related to the press replaced in part and fortified in part the Pr. …
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
Faculty Scholarship
No abstract provided.