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Articles 4441 - 4470 of 5293
Full-Text Articles in Entire DC Network
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Northern Illinois University Law Review
The final session of the symposium produced lively discussion among panel participants and the audience. The panel members addressed the practical implications of land use law from the view of developers, academicians, judges and legislators.
Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz
Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz
Northern Illinois University Law Review
This article examines the opportunities and constraints encountered in attempts to provide housing for low-income Black families through the Gautreaux program. This examination begins with an analysis of the violation and remedy in both the Chicago Housing Authority and Housing and Urban Development cases. Professor Rubinowitz then reports on the implementation of the Gautreaux program over the last fifteen years, discussing the reasons why interest in the program grew and why the supply of housing available to these families did not.
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
Northern Illinois University Law Review
This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …
Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus
Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus
Law and Contemporary Problems
Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
Law and Contemporary Problems
Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.
Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki
Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki
Law and Contemporary Problems
The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.
The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk
The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk
Law and Contemporary Problems
A normative analysis of paperless letters of credit that will categorize the various transactions and delineate the boundaries and relative standing of the competing sets of rules is now appropriate. The analysis will suggest when an official rule is needed and what its character should be.
The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle
The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle
Dalhousie Law Journal
My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
Dalhousie Law Journal
It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …
Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift
Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift
Northern Illinois University Law Review
In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have …
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller
Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller
Northern Illinois University Law Review
In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
Northern Illinois University Law Review
This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Northern Illinois University Law Review
In this essay, Dean Stone describes three examples of recent challenges to the principle of free expression. Addressing such diverse challenges as Jerry Falwell's dispute with Hustler Magazine and the University of Michigan's prohibition of "hate speech," Stone suggests that there may be dawning a new age of repression. In the final analysis, though, Stone is unable to conclude such a new age is upon us. The challenges may represent a last-ditch effort to forestall the virtually complete abolition of governmentally-enforced standards of decency and civility in public discourse.
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Northern Illinois University Law Review
This note examines the United States Supreme Court decision finding a private litigant's use of peremptory challenges to exclude jurors on account of race in a civil case constituted "state action" and violated the excluded jurors' equal protection rights. The author examines the Court's decision and concludes that the finding of "state action" was not based on reasoned jurisprudence.
Lawyer - Spring 1992, Seattle University School Of Law
Lawyer - Spring 1992, Seattle University School Of Law
Lawyer
• Karen Seinfeld Takes Solid Record of Judicial Work To State’s Second Highest Court
• Deans’ Visits with Law School Graduates Reveal Generosity and Pride in Their School
• Massive Changes in How the Law Library and Users Do Their Work
• McNamara: Lawyers Should Be Leaders and Model Citizens (by Erica Lim ’92)
The Casey Conundrum, Bruce Ledewitz
The Casey Conundrum, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
Scholarly Works
No abstract provided.
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Law and Contemporary Problems
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Originality And Creativity In Copyright Law, Howard B. Abrams
Originality And Creativity In Copyright Law, Howard B. Abrams
Law and Contemporary Problems
Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Law and Contemporary Problems
The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Law and Contemporary Problems
The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.
Copyright, Paul Goldstein
Copyright, Paul Goldstein
Law and Contemporary Problems
The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
Law and Contemporary Problems
Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.
Copyright And Information Policy, Jessica Litman
Copyright And Information Policy, Jessica Litman
Law and Contemporary Problems
The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.
Understanding Fair Use, L. Ray Patterson
Understanding Fair Use, L. Ray Patterson
Law and Contemporary Problems
Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.
Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington
Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington
Duke Law Journal
No abstract provided.
Environmental Litigation And Rule 11, Carl Tobias
Environmental Litigation And Rule 11, Carl Tobias
William & Mary Law Review
No abstract provided.
The Nova Lawyer, Winter 1992, Volume 6, Number 1, Nova University - Shepard Broad Law Center
The Nova Lawyer, Winter 1992, Volume 6, Number 1, Nova University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.