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2008

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Articles 22471 - 22487 of 22487

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Dole’S Future: A Strategic Analysis, Neil S. Siegel Jan 2008

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …

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Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland Jan 2008

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

College of Communication Faculty Research and Publications

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader law of newsgathering, which encompasses not only source relationships, but also rights of access to places and records, protections against civil and criminal liability for torts and crimes committed in the pursuit of news, and protections against government searches of newsrooms and phone records, among other things. Resolving these conflicts has grown more …

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Community Renegades: Micro-Radio And The Unlicensed Radio Movement, Lawrence Soley Jan 2008

Community Renegades: Micro-Radio And The Unlicensed Radio Movement, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

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Notes On The Multiple Facets Of Immigration Federalism, Rick Su Jan 2008

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

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A Localist Reading Of Local Immigration Regulations, Rick Su Jan 2008

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …

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Section 524(G) Without Compromise: Voting Rights And The Asbestos Bankruptcy Paradox, S. Todd Brown Jan 2008

Section 524(G) Without Compromise: Voting Rights And The Asbestos Bankruptcy Paradox, S. Todd Brown

Journal Articles

Section 524(g) of the Bankruptcy Code was adopted to protect unknown future asbestos personal injury victims' rights and prospects for financial recovery. To serve these goals and satisfy the demands of due process, Section 524(g) provides two basic forms of virtual representation for future victims - requiring the appointment of an independent legal representative and aligning the interests of future victims with current claimants (75% of whom must approve any plan that invokes Section 524(g)). In recent years, however, the 75% super-majority vote requirement has been transformed into a veto power wielded by a small group of law firms, who …

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Procedural Common Law, Amy Coney Barrett Jan 2008

Procedural Common Law, Amy Coney Barrett

Journal Articles

Debates about the common lawmaking power of the federal courts focus exclusively on substantive common law. But federal common law is not limited to matters of substance; it reaches matters of procedure as well. Federal law includes a robust body of what might be called procedural common law - common law primarily concerned with the regulation of internal court processes rather than substantive rights and obligations. This body of law includes many doctrines that are fixtures in the law of procedure and federal courts. For example, abstention, forum non conveniens, remittitur, stare decisis, and preclusion can all fairly be characterized …

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Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith Jan 2008

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

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The Supreme Court And The Politics Of Death, Stephen F. Smith Jan 2008

The Supreme Court And The Politics Of Death, Stephen F. Smith

Journal Articles

This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …

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Anthony Kennedy : The Roberts Court's Sandra Day O'Connor?, William Dane Dekrey Jan 2008

Anthony Kennedy : The Roberts Court's Sandra Day O'Connor?, William Dane Dekrey

Undergraduate Theses and Senior Projects

No abstract provided.

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Potatoes Again : The Travel Diary Of A World War Ii Prisoner Of War, Jon Lucht Jan 2008

Potatoes Again : The Travel Diary Of A World War Ii Prisoner Of War, Jon Lucht

Undergraduate Theses and Senior Projects

No abstract provided.

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Not Made Of The Right Matter : The Ordination Of Women In The Roman Catholic Church Priesthood, Emily Dubord Hill Jan 2008

Not Made Of The Right Matter : The Ordination Of Women In The Roman Catholic Church Priesthood, Emily Dubord Hill

Undergraduate Theses and Senior Projects

No abstract provided.

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Perceived Barriers To Organizational Creativity: A Cross-Cultural Study Of British And Egyptian Future Marketing Managers, Aa El-Masry, M Mostafa Jan 2008

Perceived Barriers To Organizational Creativity: A Cross-Cultural Study Of British And Egyptian Future Marketing Managers, Aa El-Masry, M Mostafa

Plymouth Business School

Purpose – The overall purpose of this research is to further the understanding of how future marketing managers in Egypt and the UK perceive creativity barriers. The paper also examines the construct validity of the barriers to creativity scale in an Arab non-Western context. Design/methodology/approach – A sample of 125 respondents was used to achieve the research purpose. Respondents completed a 17-item instrument designed to assess barriers to creativity in business organizations. Findings – Discriminant analysis results showed that Egyptians differ from British with respect to their attitudes towards organizational creativity barriers. t-test procedure confirmed also that gender and age …

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Low-Level Interpretability And High-Level Interpretability: A Unified View Of Data-Driven Interpretable Fuzzy System Modelling, Shang Ming Zhou, John Q. Gan Jan 2008

Low-Level Interpretability And High-Level Interpretability: A Unified View Of Data-Driven Interpretable Fuzzy System Modelling, Shang Ming Zhou, John Q. Gan

School of Nursing and Midwifery

No abstract provided.

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Harriet Beecher Stowe's Subversive Use Of Minstrelsy In Uncle Tom's Cabin, Ruth A. Christensen Jan 2008

Harriet Beecher Stowe's Subversive Use Of Minstrelsy In Uncle Tom's Cabin, Ruth A. Christensen

Theses and Dissertations

No abstract provided.

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Probation Violations In Three Rural Minnesota Counties, Tami Jo Nettum Lieberg Jan 2008

Probation Violations In Three Rural Minnesota Counties, Tami Jo Nettum Lieberg

Theses and Dissertations

No abstract provided.

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William H. Seward's American Exceptionalism In The Age Of The 'Irrepressible Conflict', John J. Wickre Jan 2008

William H. Seward's American Exceptionalism In The Age Of The 'Irrepressible Conflict', John J. Wickre

Theses and Dissertations

No abstract provided.

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