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2008

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2008-10-29 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-10-29 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.


2008-09-12 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-09-12 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.


2008-10-03 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-10-03 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.


2008-12-05 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-12-05 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Correspondence

No abstract provided.


2008-11-06 No. 2 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-11-06 No. 2 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-06-19 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-06-19 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-10-09 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-10-09 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-09-02 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-09-02 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-07-12 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-07-12 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-05-17 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-05-17 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-04-29 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-04-29 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-03-31 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-03-31 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2008-03-27 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2008

2008-03-27 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker Jan 2008

Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker

Articles & Chapters

This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.

From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …


Writing About The Law, Jethro K. Lieberman Jan 2008

Writing About The Law, Jethro K. Lieberman

Articles & Chapters

No abstract provided.


Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin Jan 2008

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …


International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii. Jan 2008

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.

Articles & Chapters

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP")1 and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 2(hereinafter "U.K. Act"), will then …


Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen Jan 2008

Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen

Articles & Chapters

No abstract provided.


Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin Jan 2008

Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …


Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obstacle In The Terrorist Era, The Free Speech In An Era Of Terrorism, Nadine Strossen Jan 2008

Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obstacle In The Terrorist Era, The Free Speech In An Era Of Terrorism, Nadine Strossen

Articles & Chapters

No abstract provided.


Air Pollution: Building On The Successes Breaking The Logjam: Environmental Reform For The New Congress And Administration: Panel Iii - Climate Change, U.S. Domestic Regulation, And The Future Of The Car, David Schoenbrod, Joel Schwartz, Ross Sandler Jan 2008

Air Pollution: Building On The Successes Breaking The Logjam: Environmental Reform For The New Congress And Administration: Panel Iii - Climate Change, U.S. Domestic Regulation, And The Future Of The Car, David Schoenbrod, Joel Schwartz, Ross Sandler

Articles & Chapters

No abstract provided.


Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol A. Herman, David Schoenbrod, Richard B. Stewart, Katrina M. Wyman Jan 2008

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol A. Herman, David Schoenbrod, Richard B. Stewart, Katrina M. Wyman

Articles & Chapters

No abstract provided.


Sublime Jurisprudence: On The Ethical Education Of The Legal Imagination In Our Time Symposium: Recalling Vico's Lament: The Role Of Prudence And Rhetoric In Law And Legal Education, Richard K. Sherwin Jan 2008

Sublime Jurisprudence: On The Ethical Education Of The Legal Imagination In Our Time Symposium: Recalling Vico's Lament: The Role Of Prudence And Rhetoric In Law And Legal Education, Richard K. Sherwin

Articles & Chapters

No abstract provided.


From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman Jan 2008

From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman

Articles & Chapters

No abstract provided.


Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel Jan 2008

Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel

Articles & Chapters

No abstract provided.


Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer Jan 2008

Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer

Articles & Chapters

No abstract provided.


Incorporating International Human Rights Law In National Constitutions: The South African Experience, Penelope Andrews Jan 2008

Incorporating International Human Rights Law In National Constitutions: The South African Experience, Penelope Andrews

Articles & Chapters

No abstract provided.


War Powers Under The South African Constitution, Stephen J. Ellmann Jan 2008

War Powers Under The South African Constitution, Stephen J. Ellmann

Articles & Chapters

South Africa's post-apartheid constitution is one of the most rights-protective constitutions of the world, a document framed to protect the country from the injustices of its grim past. Perhaps surprisingly, this paper finds that in important respects even South Africa's constitution confers striking powers on the executive in time of war or military hostilities. The paper begins with an analysis of the declaration of a state of national defense, South Africa's analogue to a declaration of war, and finds that the procedures applicable to such declarations are in most respects considerably less stringent than those applicable to the declaration of …


Global Finance, Business And Human Rights, Faith Stevelman Jan 2008

Global Finance, Business And Human Rights, Faith Stevelman

Articles & Chapters

Global Finance, Business and Human Rights: With Commentary on Backer's Views on the 2008, Protect-Respect-Remedy Framework Presented to the United Nations Human Rights Council


Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden Jan 2008

Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden

Articles & Chapters

Hybrid wage-and-hour class actions, which combine a Fair Labor Standards Act ("FLSA ') opt-in collective action and a Federal Rule of Civil Procedure Rule 23 opt-out class action in a single civil action, demonstrate the unusual interplay of opt-in and opt-out rules. The hybrid class action, and its viability as a mechanism for wage law enforcement, raises fundamental questions as to who participates in lawsuits, how we should hold employers accountable for wage-and-hour noncompliance, and the role of the federal courts in enforcing public rights. An opt-in rule tends to produce low participation rates, while an opt-out rule tends to …