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Federal Juvenile Waiver Practices: A Contextual Approach To The Consideration Of Prior Delinquency Records, Randie P. Ullman

Fordham Law Review

No abstract provided.

Noah Webster Spelled Out, Barbara Youngblood

UNLV Retrospective Theses & Dissertations

My research of Noah Webster, his moral beliefs, his religious conversion, his political persuasions, and his voluminous writings, has indisputably revealed that Webster intended to shape the entire American nation through his writings and through its public education system. Relying primarily on Webster's early works and his dictionary (1828), I discovered his strong convictions against slavery, his promotion of formal education for women, his moral biases, his political character, and his ardent support for an independent American republic; The thesis that evolved is developed in five chapters beginning with a characterization of Webster in Chapter One, describing his profound patriotism …

The Ban On Reason: Gays In The Military, Justin Cohen

UNLV Retrospective Theses & Dissertations

This thesis seeks to explain how and why President Bill Clinton's 1993 attempt to drop the ban on homosexuals serving in the military was vehemently opposed by key stakeholders, even though empirical evidence strongly indicates that the ban is unwarranted and conflicts with America's democratic ethos; The theoretical framework for this paper is based on Roger Cobb and Charles Elder's writings on the political use of symbols. By manipulating cultural symbols, such as that of the masculine warrior, opponents of policy change forced Clinton into a compromise, the unsuccessful "don't ask, don't tell" policy. In torpedoing Clinton's effort, these antagonists …

Criminal Law, Meredith Boylan

Seton Hall Law Review

No abstract provided.

The Eighth Tshl Legislative Report Resolutions And Priorities, Texas Silver Haired Legislature Foundation

Texas Silver-Haired Legislature

Resolutions and priorities from the eighth Texas Silver-Haired Legislature legislative report, 2000.

An Assessment Of Special Education Services Provided For Juvenile Offenders With Disabilities In Alabama., Rebecca Ann Wilson Seales

All ETDs from UAB

No abstract provided.

The Constitutional Legacy Of Chief Justice Brian Dickson, Robert J. Sharpe

Osgoode Hall Law Journal

Chief Justice Brian Dickson played a central role in the elaboration of the fundamental values of the Canadian Constitution. He took a balanced approach to federalism, favouring neither federal nor provincial claims and inviting cooperation through overlapping jurisdiction. Dickson transformed the rule of law from a background value to an operative constitutional principle. His judgments on the rights of minorities reflect a remarkable empathy for the plight of the disadvantaged. Democracy informed all aspects of his constitutional thinking. Dickson rejected the contention that judicial review is anti-democratic, and his constitutional legacy reflects a sustained effort to harmonize all four fundament …

The Americans With Disabilities Act: Blind Justice In "Corrective Measures" Litigation, Lisa Maria Tanzi

Journal of Law and Policy

No abstract provided.

Bioprospecting On Public Lands: Should Private Companies Compensate The Government For Their Use Of Public Land Resources?, Sandra Bourgasser-Ketterling

Journal of Law and Policy

No abstract provided.

Sovereignty, Federalism, And Property In The Balance: A Paradox In The Making, Michael Peter Hatzimichalis

Journal of Law and Policy

No abstract provided.

Panel 1: Secrecy And The Criminal Justice System, William E. Hellerstein, Hon. Michael B. Mukasey, Mary Jo White, Adam Liptak, Gerald L. Shargel

Journal of Law and Policy

No abstract provided.

Panel 2: Secrecy And The Civil Justice System, Aaron Twerski, Hon. Jack B. Weinstein, Jack H. Friedenthal, Sheila L. Birnbaum, Harvey Weitz

Journal of Law and Policy

No abstract provided.

Universal Service In Competitive Retail Electric Power Markets: Whither The Duty To Serve?, Jim Rossi

Vanderbilt Law School Faculty Publications

This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, by promoting interconnectivity, enhances network system benefits for all customers. While the network economies argument may have worked to sustain universal service in the face of telecommunications deregulation, it is tenuous when applied to the natural gas and electricity industries. Many reformers look askance at the duty to serve in competitive retail utility service markets, often pointing to conflict between retail competition in electricity and the duty to serve. This article argues, …

Shared Constitutional Interpretation, Michael C. Dorf, Barry Friedman

Cornell Law Faculty Publications

In United States v. Dickerson the Supreme Court reaffirmed its decision in Miranda v. Arizona, stating that it was a 'constitutional decision' and, thus, not subject to congressional overruling. At the same time, the Dickerson Court reiterated Miranda's "invitation" to "Congress and the States to . . . search for . . . other procedures which are at least as effective" as the Court's prescribed warnings in protecting the suspect's rights.

This article uses Dickerson as a lens through which to examine the possibilities of shared constitutional interpretation. After all, the Court that decided Dickerson has, in recent years, been …

Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of law. The Justices …

Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein

Publications

No abstract provided.

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …

Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani

Seattle University Law Review

This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.

Edward Oniskor V. Samuel W. Smith, Warden, Utah State Prison : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE STEWART M. HANSON, SR., JUDGE, PRESIDING.

Sylvia Keller V. Dwight E. Shelley : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the judgment of the District Court, Utah County, State of Utah, Honorable Allen B. Sorensen.

Thelma B. Stanton V. James Lawrence Stanton, Jr. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the District Court of Salt Lake County, Honorable James S. Sawaya, Judge.

Wood V. University Of Utah Medical : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Angela Byers V. Creative Corner, Inc. And Lyn Pelton : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from an Order to Dismiss of Plaintiff's complaint in the Third Judicial District Court, Salt Lake County, Honorable Judge Tyrone Medley

Ronald C. Elliott V. Earl N. Dorius : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE FOURTH JUDICIAL DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH, THE HONORABLE H. MAURICE HARDING, JUDGE, PRESIDING

Roy M. Helm V. Utah State Highway Patrol Civil Service Commission : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

RESPONDENTS' BRIEF

State Of Utah V. Jordan Vance Calliham : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is a direct appeal from a conviction for murder, a first degree felony, in violation of Utah Code Ann. § 76-5-203 (1996), in the Seventh Judicial District Court for San Juan County, the Honorable Lyie R. Anderson presiding.

State Of Utah V. Patrick William Casey : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM DENIAL OF A MOTION FOR A MISPLEA, FOR VIOLATION OF THE VICTIMS' RIGHTS AMENDMENT, IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR TOOELE COUNTY, THE HONORABLE DAVID S. YOUNG, PRESIDING.

Utah Department Of Transportation V. Harvey Real Estate, Limited Partnership : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

INTERLOCUTORY APPEAL FROM ORDER GRANTING MOTION IN LIMINE ISSUED BY THE SECOND JUDICIAL DISTRICT COURT IN AND FOR DAVIS COUNTY, STATE OF UTAH

E. A. Walton V. Tracy Loan And Trust Company, A Corporation; Salt Lake City, A Municipal Corporation Of Utah, George T. Hansen, J. A. Rockwood, W. E. Fife, Royal W. Daynes, And T. A. Schoenfeld, As Members Of The Board Of Adjustment, Salt Lake City : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the District Court of the Third Judicial District, in and for Salt Lake County Hon. O. W. McConkie, Judge.

Speech—Creating Freedom: Birmingham, 1963, A Legal Sermon In Celebration Of Martin Luther King Jr.'S Birthday, January 15, 1999, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.