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Articles 20041 - 20070 of 25411
Full-Text Articles in Entire DC Network
Interdependencies, Families, And Children, Karen Czapanskiy
Interdependencies, Families, And Children, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Law And Sports Officiating: A Misunderstood And Justly Neglected Relationship, Mark A. Graber
Law And Sports Officiating: A Misunderstood And Justly Neglected Relationship, Mark A. Graber
Faculty Scholarship
No abstract provided.
Social, Legal, And Ethical Issues, Karen H. Rothenberg
Social, Legal, And Ethical Issues, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Robert Leflar, Judicial Process, And Choice Of Law, William L. Reynolds, William M. Richman
Robert Leflar, Judicial Process, And Choice Of Law, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson
Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Dreiser's Real American Tragedy, Kathryn M. Plank
Dreiser's Real American Tragedy, Kathryn M. Plank
Faculty Scholarship
No abstract provided.
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Faculty Scholarship
I am honored to participate in this commentary on the Curt Flood Act of 1998.1 I shall not, however, provide a detailed analysis of its provisions. Instead I Will reflect upon my reactions to the Act. To be honest, I am disappointed. Negotiated by the Major League owners and the Major League Baseball Players Association through collective bargaining and modified by Congress, the Act is certain to become a staple of legislative drafting courses for decades. As others in this commentary may have stated, it is as notable for what it purports to do as for what Congress purports it …
An Interdisciplinary Analysis Of Statements To Mental Health Professionals Under The Diagnosis Or Treatment Hearsay Exception, John J. Capowski
An Interdisciplinary Analysis Of Statements To Mental Health Professionals Under The Diagnosis Or Treatment Hearsay Exception, John J. Capowski
Faculty Scholarship
No abstract provided.
Book Review, When Giants Walked The Earth (Reviewing Ken Gormley, Archibald Cox: Conscience Of A Nation (1997)), Randy Lee
Faculty Scholarship
No abstract provided.
Lawyers And The Uncommon Good: Navigating And Transcending The Gray, Randy Lee
Lawyers And The Uncommon Good: Navigating And Transcending The Gray, Randy Lee
Faculty Scholarship
No abstract provided.
Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee
Faculty Scholarship
No abstract provided.
Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach
Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach
Faculty Scholarship
No abstract provided.
Sales, Robyn L Meadows, John D. Wladis, Russell A. Hakes, Martin A. Kotler, Patricia A. Tauchert
Sales, Robyn L Meadows, John D. Wladis, Russell A. Hakes, Martin A. Kotler, Patricia A. Tauchert
Faculty Scholarship
No abstract provided.
The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Kathleen Patchel, Carl S. Bjerre
The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Kathleen Patchel, Carl S. Bjerre
Faculty Scholarship
No abstract provided.
Family Ties: Solving The Constitutional Dilemma Of The Faultless Father, David D. Meyer
Family Ties: Solving The Constitutional Dilemma Of The Faultless Father, David D. Meyer
Faculty Scholarship
No abstract provided.
Markets And Women's International Human Rights, Elizabeth M. Schneider
Markets And Women's International Human Rights, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Entrenching Interests: State Supermajority Requirements To Raise Taxes, Max J. Minzner
Entrenching Interests: State Supermajority Requirements To Raise Taxes, Max J. Minzner
Faculty Scholarship
At the opening of the 104th Congress, the new Republican majority imposed the first supermajority requirement "limited to particular cases" in the history of Congress. The unanswered question is whether the Rule is a good idea, particularly whether this Rule is well designed. The states have extensive experience with supermajority requirements for tax increases. This article attempts to answer the question of supermajority design. If alterations in the tax code are to be restricted, how should they be limited? To what type of bills should a supermajority requirement apply? At what level should the requirement be implemented? When and how …
From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore
From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore
Faculty Scholarship
In her seminal 1951 work The Origins of Totalitarianism, the political philosopher Hannah Arendt examined historical developments in Europe during the period between the two World Wars and declared that "the transformation of the state from an instrument of the law into an instrument of the nation had been completed." While Arendt focused on threats to individual and minority rights posed by the repressive "nation-state," her critique also identified the complicity of an international legal system that accorded undue deference to sovereign prerogative. The collapse of the League of Nations, the ascendancy of the Nazi Party in Germany, and the …
[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz
[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz
Faculty Scholarship
The idea of professional success,especially in the elite legal profession, as being closely linked to community or having corresponding value to the community has directly affected my view of individual lawyering. Excerpts reprinted in: Social Justice: Professionals, Communities and Law, 11 (Mahoney, Calmore, Wildman, eds., 2003); Lawyers Ethics and The Pursuit of Social Justice and Ethics 201 (Susan D. Carle, ed., 2005); Clinical Anthology, Readings for Live-Client Clinics, (2d Ed., A.J. Hurder, et al., eds., 2011).
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Gagged But Not Bound: The Ineffectiveness Of The Rules Governing Judicial Campaign Speech, Max J. Minzner
Gagged But Not Bound: The Ineffectiveness Of The Rules Governing Judicial Campaign Speech, Max J. Minzner
Faculty Scholarship
This article argues that while the text and the history of the gag rule would seem to indicate that implied commitments are prohibited, candidates have a wide variety of methods available to signal voters how they might decide cases if they reach the bench. Courts have failed to recognize the importance of limiting speech other than traditional policy promises due to a failure to adequately consider the most important motivating factor behind the gag rule: providing litigants impartial adjudication. Because courts have not made this the primary consideration in the gag rule cases, speech occurs in campaigns that would otherwise …
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A “Known Tongue”, Jose R. "Beto" Juarez
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A “Known Tongue”, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Faculty Scholarship
Most state constitutions recognize a right to education, but courts have been hard pressed to respond to violations of that right. Some state courts have imposed financial and substantive reforms, only to see their implementation miscarry as educational deficiencies stubbornly persist. Other state courts, fearing such outcomes, instead treat education claims as nonjusticiable political questions; in these states, public education is a right with no remedy. This Note argues that courts should instead base remedies on state statutes that permit states to disestablish-i.e., to withdraw authority from-deficient school districts. Disestablishment, like other structural remedies, is largely self-implementing and avoids judicial …
The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope
The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope
Faculty Scholarship
In this Article, Thaddeus Pope argues that the Patient Self Determination Act (PSDA) is a failure on its own terms. The Article first identifiesthe central purpose of the Act as the protection of patient autonomy. The Article then reviews much of the empirical research on the implementation of the Act. This research suggests that the medical preferences expressed in advance directives completed pursuant to the PSDA are usually not based on real understanding because patients are merely "Mirandized" of their right to direct their post-autonomous medical care. Although some scholars contend that this is the most that can be expected …
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Faculty Scholarship
No abstract provided.
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Faculty Scholarship
This essay begins by defining internalized oppression and racism and exposing the harms they cause. It dissects the reasons we engage in internalized racism and explains how once exposed, it will be easier to engage in a conscious effort to eradicate internalized racism. It will then describe how the intersectionality of internalized oppression and racism is expressed in the Latino community. The essay will then re-imagine Latino identity without internalized oppression and racism. It will include ideas on how to overcome internalized oppression and racism generally, both at the corporate and individual levels. The essay concludes that exposing internalized oppression …
Not Quite Grown Up: The Difficulty Of Applying An Adult Education Model To Legal Externs, Linda H. Morton, Janet Weinstein, Mark Weinstein
Not Quite Grown Up: The Difficulty Of Applying An Adult Education Model To Legal Externs, Linda H. Morton, Janet Weinstein, Mark Weinstein
Faculty Scholarship
Using andragogical theory developed by Malcolm Knowles as a foundation as well as a counterpoint, this article presents a new framework for teaching clinic students. Frustrated by tensions they encountered in teaching students whom they expected to have all the qualities of “adult learners,” the authors developed a new theory that blends humanistic as well as developmental theory. The article describes this new theory and evaluates why it works in clinical teaching.
Supervisory Liability In Section 1983 Cases, Kit Kinports
Supervisory Liability In Section 1983 Cases, Kit Kinports
Faculty Scholarship
The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.
History Right?: Historical Scholarship, Original Understanding And Treaties As 'Supreme Law Of The Land, Martin S. Flaherty
History Right?: Historical Scholarship, Original Understanding And Treaties As 'Supreme Law Of The Land, Martin S. Flaherty
Faculty Scholarship
No abstract provided.