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Articles 22471 - 22500 of 25370
Full-Text Articles in Entire DC Network
Procedural Due Process In Guidelines Sentencing, Susan Herman
Procedural Due Process In Guidelines Sentencing, Susan Herman
Faculty Scholarship
No abstract provided.
The Promissory Basis Of Past Consideration, Steve Thel, Edward Yorio
The Promissory Basis Of Past Consideration, Steve Thel, Edward Yorio
Faculty Scholarship
No abstract provided.
National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson
National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson
Faculty Scholarship
No abstract provided.
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Faculty Scholarship
Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Faculty Scholarship
No abstract provided.
What Can You Say, Where Can You Say It, And To Whom?: A Guide To Understanding And Preventing Unlawful Sexual Harassment, David Allen Larson
What Can You Say, Where Can You Say It, And To Whom?: A Guide To Understanding And Preventing Unlawful Sexual Harassment, David Allen Larson
Faculty Scholarship
After an increase in visibility for sexual harassment cases in 1991, employers have had to treat allegations of sexual misconduct more seriously now that juries have the authority to award both compensatory and punitive damages. Many employers and employees remain confused, however, as to what conduct is considered unlawful sexual harassment. This article explains how courts have analyzed allegations of unlawful sexual harassment under Title VII of the Civil Rights Act of 1964 by discussing what a court must find before it will impose liability. In response to the very real and immediate demand for a straightforward discussion of the …
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
The Judicial Business Of A Nineteenth-Century Federal Trial Court: The Northern District Of California, 1851-1891, Christian G. Fritz
The Judicial Business Of A Nineteenth-Century Federal Trial Court: The Northern District Of California, 1851-1891, Christian G. Fritz
Faculty Scholarship
Studies of the work of American trial courts--particularly the federal courts in the nineteenth century--are extremely rare. One exception is Federal Justice in California: The Court of Ogden Hoffman, 1851-1891 (1991)--an archival study of the forty year tenure of the first judge of the Northern District of California. Federal Justice is both an institutional study of that court and a biography of its first judge, Ogden Hoffman. Federal Justice rests upon an analysis of over 19,000 case files generated by the first forty years of that courts existence and provides a general summary of the dockets and workload of the …
500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr
500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr
Faculty Scholarship
In 1992, the San Antonio Museum of Art hosted a panel which addressed a number of issues, including: what arts institutions can do to better represent the cultures of the communities they serve; what the United States is doing to protect Native American art and culture; what the international community is doing to address the flow of art and cultural objects across national boundaries; and what should be the plan to protect and to promote multiculturalism in the arts for the next 500 years. This article summarizes and highlights this event.
On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel Gora
On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Political Balance Of The Religion Clauses, Abner S. Greene
The Political Balance Of The Religion Clauses, Abner S. Greene
Faculty Scholarship
When the Supreme Court held in Employment Division v. Smith that the Free Exercise Clause does not protect religious practices from otherwise valid laws that incidentally burden those practices, it followed a particular theory of democratic politics. That some laws might unintentionally burden certain religious practices is, said the Court, an "unavoidable consequence of democratic government [that] must be preferred to a system in which each conscience is a law unto itself." The Court was certainly right in one sense: To claim that conscientious objection to an otherwise valid law should exempt one from that law is to claim that …
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
Faculty Scholarship
Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …
M Is For The Many Things, Carol Sanger
M Is For The Many Things, Carol Sanger
Faculty Scholarship
People have gotten quite a few things about mothers and motherhood wrong over the last 700 or so years. Educators, historians, jurists, philosophers, physicians, social workers, and theologians have been telling us what mothers are like: what they need, how they feel, what pleases them, how and how well they think. Mothers didn't love their children in the fifteenth century and loved them too much in the 1950s. Black mothers felt no pain in childbirth, and white mothers felt no pleasure in intercourse. The obligations of motherhood, physical and social, have been used to explain why women should not work, …
Bounds On The Polymer-Length Distribution In Equilibrium Polymerization, Rolfe G. Petschek
Bounds On The Polymer-Length Distribution In Equilibrium Polymerization, Rolfe G. Petschek
Faculty Scholarship
We obtain upper bounds on the polymer-length distribution in a class of models for equilibrium polymerization. This rules out a recent claim for the existence of a collapsed phase in which a nonzero fraction of the monomers are in infinite polymer(s). We discuss the behavior of finite systems, in which a collapse of sorts does occur, and indicate how this collapse disappears in the thermodynamic limit.
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
Faculty Scholarship
The oldest living resident may recognize that the title above is de- rived from an article written by Professor Frederick K. Beutel of the Yale Law School, which appeared in the 1952 Yale Law Journal. Professor Beutel began his article by stating that the UCC should not be adopted and concluded by advising that it would "mark the beginning of the end of fairness and uniformity in the commercial law." Beutel's advice was not taken, and, with relatively modest modifications, the UCC has been adopted in all states. This Essay investigates whether Professor Beutel's concerns were justified.
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Privacy In The Information Economy: A Fortress Or Frontier For Individual Rights?, Joel R. Reidenberg
Privacy In The Information Economy: A Fortress Or Frontier For Individual Rights?, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Do We Really Want Ethical Government, John D. Feerick
Do We Really Want Ethical Government, John D. Feerick
Faculty Scholarship
The question I would like to address in this article arises out of my recent work with the New York State Commission on Government Integrity. As you may recall, the Commission was appointed by Governor Cuomo in 1987 following a series of corruption scandals in our State involving officials at all levels of government. It was a nonpartisan group comprised of a former Secretary of State, a former judge of the State's highest court, a prominent civil libertarian, a former federal prosecutor, and other prominent citizens of this State.' The Commission had a very broad mandate. It was directed to …
Inaugural Address Inaugural Address, John D. Feerick
Inaugural Address Inaugural Address, John D. Feerick
Faculty Scholarship
I am honored and humbled to accept the designation of the Nominating Committee and membership to become president of this venerable Association. I feel especially privileged to be the first member of the academic community to be chosen since Robert McKay, who was for me a role model and special friend. In accepting this designation, I become heir to a tradition of remarkable service by the presidents of this Association for more than 120 years. Their names are synonymous with the best of the American legal profession in so many ways, and especially if judged by a standard of commitment …
Rules Of The Road For Global Electronic Highways: Merging The Trade And Technical Paradigms, Joel R. Reidenberg
Rules Of The Road For Global Electronic Highways: Merging The Trade And Technical Paradigms, Joel R. Reidenberg
Faculty Scholarship
International efforts to define fair information practices for global networks derive from two distinct paradigms. Traditionally, regulatory standards have been cast in trade terms. The trade perspective seeks to promote free flows of information and define standards that balance free flows against human rights values. Fair information practices also draw on another rarely emphasized technical paradigm. This approach seeks to eliminate any technological obstacles to free flows of information by defining standards for system integrity and interoperability. Nevertheless, these technical standards are set in ways that also define fair information practices. While each paradigm provides a basis to establish rules …
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Faculty Scholarship
Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Faculty Scholarship
This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Faculty Scholarship
The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Faculty Scholarship
This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.
Getting It Right, Robert E. Scott
Getting It Right, Robert E. Scott
Faculty Scholarship
Writing a tribute for any beloved colleague who is retiring is a difficult experience. Writing about Tom Bergin, who is retiring after twenty-nine years at the Law School, is an even greater challenge. The challenge stems from Tom's legacy to his students and to his colleagues at the Law School; both the challenge and the legacy require some explanation.
Debalkanize The Telecommunications Marketplace, Nicholas Allard, Theresa T. Lauerhass
Debalkanize The Telecommunications Marketplace, Nicholas Allard, Theresa T. Lauerhass
Faculty Scholarship
No abstract provided.
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Faculty Scholarship
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …
The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau
The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau
Faculty Scholarship
There are legitimate historical reasons for speaking seriously about a civil law heritage in Louisiana. French and Spanish civilian influences permeated the Louisiana Civil Code when it was first enacted in 1808. The current status of the civil law in Louisiana, however, is problematic; the American common law methodology has made significant inroads into the operation of the current legal system. Separated from its parenting source by geography, time, and culture, Louisiana civil law has become an ill-defined civilian entity that, in reality, is more of a common law process with civil law trappings. The civil law nonetheless has a …
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Reviewing Martha Minnow, Making All the Difference: Inclusion, Exclusion and American Law (1990)
Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson
Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson
Faculty Scholarship
Traditionally, the debate over the individual right to possess firearms has focused on the origins and meaning of the Second Amendment. Some constitutional scholars have dismissed the idea that the Second Amendment protects an individual right to arms. They argue that it only prevents the federal government from disarming states. Other scholars, focusing on the language of the amendment and its historical context, conclude that it does indeed establish an individual right to firearms. This article examines whether, even absent the Second Amendment, the Constitution restrains government from taking away what may be individuals' best tools of self-defense. The foothold …