Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 14191 - 14220 of 14540

Full-Text Articles in Entire DC Network

Afterword, Marshall S. Shapo Jan 2001

Afterword, Marshall S. Shapo

Georgia Law Review

It is a great pleasure to comment on these papers on a subject that has fascinated me since the beginning of my teaching career. My observations will no doubt reflect the roots of my thinking in an article I wrote on the subject in 1965' and other early publications, and, doubtless, my relative ignorance of the immense amount of case law that has flowed from courts since the mid-sixties. However, informed by a little independent study and refreshed by the commentaries, I venture a few somewhat angular thoughts. They do not" in any way pretend to be exhaustive with respect …

Go to article

"Sometimes The Road Less Traveled Is Less Traveled For A Reason": The Need For Change In Georgia's Employment-At-Will Doctrine And Refusal To Adopt The Public Policy Exception, Nancy Baumgarten Jan 2001

"Sometimes The Road Less Traveled Is Less Traveled For A Reason": The Need For Change In Georgia's Employment-At-Will Doctrine And Refusal To Adopt The Public Policy Exception, Nancy Baumgarten

Georgia Law Review

This Note calls for the adoption of the public policy exception to the employment-at-will doctrine in the state of Georgia. Georgia employees need a viable claim at the state level since federal relief may not always be an option for a Georgia plaintiff. Furthermore, the adoption of this exception is directly in line with Georgia's policies in other areas of law. Finally, since it is the same employers who have placed Georgia in the bottom twenty-five percent of the nation for the highest rate of job discrimination that can terminate Georgia' employees for reasons which violate public policy, the need …

Go to article

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael L. Wells Jan 2001

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael L. Wells

Georgia Law Review

Constitutional rights have little value in the absence of effective remedies for their violation, includingsuitsfor damages to redress past constitutional wrongs and for injunctive relief to prevent continuing and future violations. Recognizing this, the Supreme Court has, especially over the past forty years, constructed an elaborate body of remedial doctrine. The Court has often acted on the premise that the remedial law should be more or less the same across the whole range of constitutional rights. The problem with this approach is that, from a remedial perspective, there are differences among the real world contexts in which constitutional violations occur. …

Go to article

Government Liability When Cyclists Hit The Road: Same Roads, Same Rights, Different Rules, Emily Hammond Jan 2001

Government Liability When Cyclists Hit The Road: Same Roads, Same Rights, Different Rules, Emily Hammond

Georgia Law Review

Most jurisdictions recognize that negligent construction and maintenance of streets exposes government entities to liability. Thus, motorists, pedestrians, and motorcyclists who are injured due to road defects are usually not barred from bringing suit. Yet when the courts grapple with similar injuries to bicyclists, the results are best described as a tangled wreck. Modern cycling jurisprudence sends unwary riders careening through inconsistent judicial opinions, questionable statutory interpretations, and unsettled policies. This Note examines the legal treatment of cases in which cyclists are injured by road hazards, covering sovereign immunity, the public duty doctrine, nuisance, tort immunity acts, vehicle codes, and …

Go to article

Dissing Congress , Ruth Colker, James J. Brudney Jan 2001

Dissing Congress , Ruth Colker, James J. Brudney

Faculty Scholarship

This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …

Go to article

1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick Jan 2001

1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick

Faculty Scholarship

If ADR is to remain a vibrant part of the judicial landscape, it is essential that efforts further shape ethical standards and guidelines, as well as their practical connotations. The framers of the United States Constitution were very careful to establish a public justice system comprised of judges and juries operating within a framework of standards and protections designed to assure justice and fairness while simultaneously promoting public confidence. We should give similar care to developing processes through which we purportedly intend to accomplish similar objectives in resolving disputes and controversies. At the very least, the private nature of these …

Go to article

Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce Jan 2001

Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce

Faculty Scholarship

Historically, the first way of viewing the lawyer's role was as a member of America's governing class. Second came cause lawyering on behalf of a particular issue. Third, and most recently, arose the idea of pro bono lawyering, a less ambitious incarnation of the governing class lawyer who contributes time to helping cause lawyers. These categories are not rigid: for each individual they may overlap to one degree or another. This framework is preliminary and requires further research and development. Nonetheless, it provides a useful tool for explaining how lawyers-and in particular the heroic lawyers described in this symposium-connect to …

Go to article

Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell Jan 2001

Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell

Faculty Scholarship

Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …

Go to article

Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce Jan 2001

Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce

Faculty Scholarship

No abstract provided.

Go to article

Limitation Of Shipowner Liability: Its American Roots And Some Problems Particular To Collision, Joseph Sweeney Jan 2001

Limitation Of Shipowner Liability: Its American Roots And Some Problems Particular To Collision, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Go to article

The Restatement (Third) And The Place Of Duty In Negligence Law, Benjamin C. Zipursky, John C.P. Goldberg Jan 2001

The Restatement (Third) And The Place Of Duty In Negligence Law, Benjamin C. Zipursky, John C.P. Goldberg

Faculty Scholarship

No abstract provided.

Go to article

Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman Jan 2001

Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

Go to article

The Costs Of International Human Rights Litigation, Curtis A. Bradley Jan 2001

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Go to article

Item 303'S Role In Private Causes Of Action Under The Federal Securities Laws, Brian Neach Jan 2001

Item 303'S Role In Private Causes Of Action Under The Federal Securities Laws, Brian Neach

Notre Dame Law Review

No abstract provided.

Go to article

On Law And Chastity, Robert E. Rodes Jan 2001

On Law And Chastity, Robert E. Rodes

Notre Dame Law Review

No abstract provided.

Go to article

New Orleans As An American Jungle| Colonial Roots And Capitalist Representations, Tracey Ann Watts Jan 2001

New Orleans As An American Jungle| Colonial Roots And Capitalist Representations, Tracey Ann Watts

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Cultural Impact Of Nafta On Mexico, Maitane Zuloaga Jan 2001

Cultural Impact Of Nafta On Mexico, Maitane Zuloaga

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

First Words: An Investigation Of The Nature Of Children's First Word Productions, Susan Cummings Jan 2001

First Words: An Investigation Of The Nature Of Children's First Word Productions, Susan Cummings

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Development Of A School Gardening Environmental Education Curriculum For Rural Paraguayan Schools, Anna Michelle Moline Jan 2001

Development Of A School Gardening Environmental Education Curriculum For Rural Paraguayan Schools, Anna Michelle Moline

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Seventeen Statutes And The Twenty-Four Landlaws : A Morphological Analysis And Translation Of Two Old Frisian Legal Texts, Ian D. Clayton Jan 2001

Seventeen Statutes And The Twenty-Four Landlaws : A Morphological Analysis And Translation Of Two Old Frisian Legal Texts, Ian D. Clayton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Bor Minutes 12/11/01, Origin Of The Unm Mission Statement, Board Of Regents Jan 2001

Bor Minutes 12/11/01, Origin Of The Unm Mission Statement, Board Of Regents

UNM HLC 2018-19 Assurance Argument Evidence

This is the minutes of a Board of Regents meeting on 12/11/01 where the wording of the UNM Mission Statement was articulated and accepted, as well as documenting its origin in a comprehensive, institution wide strategic planning process. Starting on page 142.

Go to article

Financial Cost-Benefit Analysis Of A Health Promotion Program For Individuals With Mobility Impairments, Catherine Ipsen Jan 2001

Financial Cost-Benefit Analysis Of A Health Promotion Program For Individuals With Mobility Impairments, Catherine Ipsen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Distribution And Habitat Associations Of Northern Spotted Owls In Marin County, California, Nola Chow Jan 2001

Distribution And Habitat Associations Of Northern Spotted Owls In Marin County, California, Nola Chow

Cal Poly Humboldt theses and projects

I examined the distribution and habitat associations of northern spotted owls at the southern extent of their range in Marin County, California. To estimate density and distribution I used nighttime surveys followed by daytime visits to locate owls and estimate site occupancy status. I measured 26 macro and micro habitat variables at 46 occupied sites and compared them to an equal number of paired random sites. Spotted owls had a high density ( = 0.376 owls/ km), based on the 82 territorial owls found in the 218 km2 study area which is the greatest density yet reported for this species. …

Go to article

Cancer Chemoprevention With Flavonoids From Cereal Grains And Legume, Lucia Munìƒiz Alonso Jan 2001

Cancer Chemoprevention With Flavonoids From Cereal Grains And Legume, Lucia Munìƒiz Alonso

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Selected Chapters From : Behind The Rocks, Mattie H. Allen Jan 2001

Selected Chapters From : Behind The Rocks, Mattie H. Allen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Changing Ideal Of Manhood In Late-Nineteenth Century America, John Robert Van Slyke Jan 2001

Changing Ideal Of Manhood In Late-Nineteenth Century America, John Robert Van Slyke

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Chief Gall And Chief John Grass: Cultural Mediators Or Sellouts?, James R. Frank Jan 2001

Chief Gall And Chief John Grass: Cultural Mediators Or Sellouts?, James R. Frank

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Half The Sky: An Examination Of Obstacles To Human Rights For Women, Patricia Anne. Hixson Jan 2001

Half The Sky: An Examination Of Obstacles To Human Rights For Women, Patricia Anne. Hixson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Establishing Civilian Supremacy In Indonesia: Problems And Prospects, Srie Honora Ramli Jan 2001

Establishing Civilian Supremacy In Indonesia: Problems And Prospects, Srie Honora Ramli

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Barriers And Contributions To American Indian Academic Success At The University Of Montana: A Qualitative Study, Jiraporn Angspatt Jan 2001

Barriers And Contributions To American Indian Academic Success At The University Of Montana: A Qualitative Study, Jiraporn Angspatt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

First Prev Next Last