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Articles 5221 - 5250 of 6497
Full-Text Articles in Entire DC Network
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr
Faculty Scholarship
The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport
Faculty Scholarship
This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker.
Ethical Issues In Dementia, Peter J. Whitehouse
Ethical Issues In Dementia, Peter J. Whitehouse
Faculty Scholarship
The growing number of individuals affected by dementia will intensify the ethical issues that emerge in clinical practice and research, issues early in disease relate to genetic testing, use of medications in mildly affected persons, and diagnostic disclosure. Research issues relate to appropriate informed consent processes, conflict of interests, and research design issues, such as the use of placebos and the use of biological tissues. In the later stages of disease concern about appropriate therapeutic goals and end-of-life care is appropriate.
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
Faculty Scholarship
No abstract provided.
Unmasking The Stranger American Welfare Residency Rules And The Encounter With The Other, Marie Failinger
Unmasking The Stranger American Welfare Residency Rules And The Encounter With The Other, Marie Failinger
Faculty Scholarship
One American welfare doctrine that refuses to die embarrasses the American optimist-modernist credo that time always brings progress. That doctrine, most recently resurrected in President Clinton's welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), permits states to impose what euphemistic bureaucrats call a "durational residency requirement" on impoverished citizens seeking government assistance to provide food, clothing, and shelter for their families. Where this rule once meant that impoverished citizens could be denied all welfare benefits for up to a year after they moved to a new state, in its current less draconian form, the …
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Faculty Scholarship
No abstract provided.
Law School On The Liffey: My Experiences At Trinity College, Dublin, Janet Sinder
Law School On The Liffey: My Experiences At Trinity College, Dublin, Janet Sinder
Faculty Scholarship
No abstract provided.
Wyoming's Residential Rental Property Act-A Critical Review, Arthur R. Gaudio
Wyoming's Residential Rental Property Act-A Critical Review, Arthur R. Gaudio
Faculty Scholarship
Residential leases have been more or less an orphan child in the Wyoming legal structure, perhaps with understandable social and economic reason. With a small body of landlord tenant law based primarily on outdated common law principles, the protections that a tenant can expect are quite limited. The Wyoming legislature took a significant step in an attempt to deal with some of the more pressing issues presented by residential leases. In its 1999 session, it adopted, and the governor signed, an act entitled "Residential Rental Property." The Act obligates landlords to provide tenants in residential rental properties with units that …
Debating The Field Civil Code 105 Years Late, Andrew P. Morriss, Scott J. Burnham, James C. Nelson
Debating The Field Civil Code 105 Years Late, Andrew P. Morriss, Scott J. Burnham, James C. Nelson
Faculty Scholarship
In 1895, Montana adopted a version of the Field Civil Code--a massive law originally drafted by New York lawyer David Dudley Field in the early 1860s. The Civil Code (and its companion Political, Penal, and Procedural Codes) were adopted without debate, without legislative scrutiny, and without Montanans having an opportunity to grasp the enormity of the changes the Codes brought to the Montana legal system. In sponsoring this debate over whether to repeal the Civil Code, the Montana Law Review is finally giving Montana the opportunity to examine the merits of the Civil Code that she was denied 105 years …
Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup
Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup
Faculty Scholarship
The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.
The Wasted Sacrifice Of Lessors' Lost Profit Claims In Bankruptcy, Marie T. Reilly
The Wasted Sacrifice Of Lessors' Lost Profit Claims In Bankruptcy, Marie T. Reilly
Faculty Scholarship
Bankruptcy Code section 502(b)(6) sets the maximum allowable amount of a real property lessor's claim for damages arising for breach of lease in a tenant's bankruptcy case. To the extent a lessor's damages claim under nonbankruptcy law exceeds the maximum amount, it is disallowed. The implicit premise for such disallowance is that real property lessors' damages claims are less worthy of respect in bankruptcy than other claims for damages against the debtor. Real property leases are legally distinct from leases of personal property or other contractual relationships that allocate property rights. But, it does not obviously follow from the distinction …
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Faculty Scholarship
In recent years, judges and scholars in Canada and the United States are devoting more attention to the theory and techniques involved in statutory interpretation. Although some advocate "foundational" theories to answer all theories of interpretation, most difficult cases require a pragmatic approach that requires analysis of the statutory text, original legislative intent, and legislative purpose in light of modern circumstances. Moreover, the most difficult cases may not be answerable by any of these approaches. In difficult cases, judges often resort to "normative canons" - rules they created to further a jurisprudence they desire. These canons need to be closely …
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Faculty Scholarship
Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).
Litigators’ Ethics, Michael E. Tigar
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.
The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba
The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba
Faculty Scholarship
No abstract provided.
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Retribution And Redemption In The Operation Of Executive Clemency, Elizabeth Rapaport
Faculty Scholarship
In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the "redemptive" perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.
American Constitution-Making: The Neglected State Constitutional Sources, Christian G. Fritz, Marsha L. Baum
American Constitution-Making: The Neglected State Constitutional Sources, Christian G. Fritz, Marsha L. Baum
Faculty Scholarship
American Constitution-Making: The Neglected State Constitutional Sources' looks at a frequently overlooked genre of literature pertinent to American constitution-making: comprehensive compilations of state constitutions that made their appearance from the first wave of constitution-making preceding (and following) the Federal constitution. Routinely issued in pocket-sized editions, the authors demonstrate the presence of these compilations in constitutional conventions and their use by constitution-makers from the Revolutionary period through the late 19th century. The significance of the process of 'borrowing' provisions from other state constitutions is placed in a new and different light that raises intriguing questions about the level of American awareness, …
Instream Flows In New Mexico, Denise D. Fort
Instream Flows In New Mexico, Denise D. Fort
Faculty Scholarship
Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.
Complaints, Anita Bernstein
Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung
Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung
Faculty Scholarship
In this Symposium, we were asked to identify and articulate the nature of our passion for teaching corporate law. My passion-a bit odd in this context, perhaps-is bankruptcy. In addition to teaching the basic Corporations course, I also teach Corporate Reorganization and Bankruptcy, and my research has focused primarily on corporate reorganization issues. As I say, my particular passion may seem out of place in the context of this Symposium. The corporation is an engine for maximizing wealth. Yet we bankruptcy types obsess about financial ruin. We pray for the next recession. We sell short. Our chips sit on the …
When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins
When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins
Faculty Scholarship
The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …
Rules For Research On Human Genetic Variation: Lessons From Iceland, George J. Annas
Rules For Research On Human Genetic Variation: Lessons From Iceland, George J. Annas
Faculty Scholarship
Research on genetic variation aims to understand how genes function and requires the comparison of DNA samples from groups of individuals to identify variations that might have importance for health or disease. This work is easier if the samples are linked to accurate medical records and genealogic information. Iceland has medical records for all its citizens going back to World War I and detailed genealogic information going back even further. Because Iceland's small population (270,000) has long been isolated and homogeneous, it is thought by many to be an ideal place to search for disease-related genes. Journalists have cavalierly labeled …
The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
Faculty Scholarship
The Supreme Court in Kyles v. Whitley affirmed the prosecutor's duty under Brady v. Maryland to disclose exculpatory evidence to the defense, even if the police have not revealed the evidence to the prosecutor. According to the Court, prosecutors are responsible for ensuring that police communicate relevant evidence to her office. How should prosecutors implement that responsibility? Both England and the United States require prosecutors to disclose exculpatory evidence known to the police, but they take radically different approaches to implementing the prosecutor's duty. The English have legislated a comprehensive regulatory framework for police record keeping and revelation of case …
Decius S. Wade's Necessity For Codification, Andrew P. Morriss
Decius S. Wade's Necessity For Codification, Andrew P. Morriss
Faculty Scholarship
Decius S. Wade, former Montana Territorial Supreme Court Justice and Code Commissioner, delivered this address to the Helena Bar Association on April 5, 1894. The address came slightly more than two years after Wade, as one of the three Code Commissioners, had reported draft Civil, Political, Penal, and Procedural Codes to the State Auditor and slightly less than one year before Governor John E. Rickards signed the four codes as passed by the Fourth Legislature. Wade's address came just after the Third Legislature, split three ways among the Democrats, Republicans, and Populists and unable to settle on United States Senators, …
The Five Worst (And Five Best) American Criminal Codes, Michael Cahill, Paul H. Robinson, Usman Mohammad
The Five Worst (And Five Best) American Criminal Codes, Michael Cahill, Paul H. Robinson, Usman Mohammad
Faculty Scholarship
No abstract provided.
Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin
Les Jeux Ne Sont Pas Fait: The Right To Dignified Long-Term Care In The Face On Industry-Wide Financial Failure, Nathalie Martin
Faculty Scholarship
This Article explores issues that we, as a society, would rather not, but must, discuss. These issues include aging, how the future costs of long-term care will be paid, and what form and quality of long-term care will continue to be financed through Medicare. More specifically, this Article discusses the philosophical issues raised by the cuts, as well as the practical implications of the cuts for patients and residents. It also attempts, primarily through information about the administrative and other costs of the federal bankruptcy process, to refute government claims that these cuts have not and will not affect patient …
Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin
Funding Long-Term Care: Some Risk-Spreaders Create More Risk Than They Cure, Nathalie Martin
Faculty Scholarship
The purpose of this Article is to explore two different aspects of the long-term care issue. First, what are the options for receiving longterm care, such as home-care, assisted living, CCFs or traditional nursing homes? Second, what are the methods of funding long-term care? This Article will consider the strengths and weaknesses of each option when considering how best to control the costs of long-term care. Because only two of the options, maintaining LTC insurance and entering into a contract with a CCF, attempt to control future longterm care costs through risk-spreading, the Article considers these two options in more …
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
The Insolvent Life Care Provider: Who Leads The Dance Between The Federal Bankruptcy Code And State Continuing-Care Statutes, Nathalie Martin
Faculty Scholarship
Continuing-care retirement communities provide seniors with an attractive option to traditionaln ursing homes. These arrangementsa llow seniors to live in a pleasant, independent environment for as long as possible, and then receive life time nursing care when it is needed. Residents of these communities pay a large upfront entry fee in exchange for the promise of life time nursing care. When continuing care facilities file for bankruptcy, however, residents risk losing their large upfront entry fee, which drastically reduces the value of these arrangements to consumers. In this Article, Professor Nathalie Martin analyses these risks against a host of state …