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Articles 4771 - 4800 of 5293
Full-Text Articles in Entire DC Network
Legal Fiction, James Boyle
Death Of The Law , Owen M. Fiss
Supreme Court Extends The Automobile Exception: California V. Carney, G. Edward Murphy
Supreme Court Extends The Automobile Exception: California V. Carney, G. Edward Murphy
Northern Illinois University Law Review
A look at the extension of the "'automobile exception" to a motor home and a discussion of the implications of the Carney decision.
Severed Roots: The Sealed Adoption Records Controversy, Melissa Arndt
Severed Roots: The Sealed Adoption Records Controversy, Melissa Arndt
Northern Illinois University Law Review
Focusing on changing sealed records statutes, this article discusses the adopted adult's interest in discovering the identities of his biological parents and ascertaining background information about himself.
Supreme Court Assault Upon The Constitutional Settlement Of The New Deal: Garcia And National League Of Cities, Charles H. Clarke
Supreme Court Assault Upon The Constitutional Settlement Of The New Deal: Garcia And National League Of Cities, Charles H. Clarke
Northern Illinois University Law Review
A historical view of commerce clause adjudication, suggesting that the dissenters in Garcia v. San Antonio Metropolitan Transit Authority may be attempting to signal a return to pre-New Deal commerce clause analysis.
The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell
The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell
Northern Illinois University Law Review
An examination of the debate concerning the creation of a National Court of Appeals. A consensus has emerged which rejects the proposal as premature and unnecessary. Thus, the Supreme Court may have to look to other means in order to ease the burden of its caseload.
The Legislative Antipolygamy Campaign, Richard D. Poll
The Legislative Antipolygamy Campaign, Richard D. Poll
BYU Studies
No abstract provided.
Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell
Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell
Duke Law Journal
No abstract provided.
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Morality And The Rule Of Law, Noel B. Reynolds
Morality And The Rule Of Law, Noel B. Reynolds
Faculty Publications
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Northern Illinois University Law Review
An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.
Limited Partnership Reform: A Commentary Upon The Proposed Illinois Statute And The 1976 And 1985 Versions Of The Uniform Limited Partnership Act, Michael L. Closen
Limited Partnership Reform: A Commentary Upon The Proposed Illinois Statute And The 1976 And 1985 Versions Of The Uniform Limited Partnership Act, Michael L. Closen
Northern Illinois University Law Review
Professor Closen gives a detailed section-by-section evaluation of the pending Illinois version of the Revised Uniform Limited Partnership Act. The author compares the Illinois act to the previous uniform partnership acts adopted in the state and analyzes the new act in light of its departure from them.
Midgett V. Sackett In The Aftermath Of Allis-Chalmers: The Impact Of Federal Labor Law On Retaliatory Discharge Claims, Bruce Keller
Midgett V. Sackett In The Aftermath Of Allis-Chalmers: The Impact Of Federal Labor Law On Retaliatory Discharge Claims, Bruce Keller
Northern Illinois University Law Review
A discussion of the continuing viability of the Illinois Supreme Court's decision to extend the tort of retaliatory discharge to union employees protected by collective bargaining agreements.
City Of Cleburne V. Cleburne Living Center, Inc.: Judicial Step Or Stumble?, Garrick J. Hodge
City Of Cleburne V. Cleburne Living Center, Inc.: Judicial Step Or Stumble?, Garrick J. Hodge
Northern Illinois University Law Review
An examination of the Supreme Court's decision determining the appropriate standard of review to be applied in fourteenth amendment equal protection analysis involving mentally retarded persons.
The Parent-Child Privileges: Hardly A New Or Revolutionary Concept, Wendy Meredith Watts
The Parent-Child Privileges: Hardly A New Or Revolutionary Concept, Wendy Meredith Watts
William & Mary Law Review
No abstract provided.
Monzo Raises Taxing Issue, Bruce Ledewitz
Monzo Raises Taxing Issue, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Fraud Liability Under Agency Principles: A New Approach, Steven N. Bulloch
Fraud Liability Under Agency Principles: A New Approach, Steven N. Bulloch
William & Mary Law Review
No abstract provided.
Virginia's Acquisition Of Unclaimed And Abandoned Personal Property, K. Reed Mayo
Virginia's Acquisition Of Unclaimed And Abandoned Personal Property, K. Reed Mayo
William & Mary Law Review
No abstract provided.
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Ledewitz Papers
Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Prospective Student Information Booklet (1985-86), Florida State University College Of Law
Prospective Student Information Booklet (1985-86), Florida State University College Of Law
Prospective Student Information Booklets
Booklet containing curriculum and course information for future law students.
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
Faculty Scholarship
Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.
Extra-Legal Factors In The American Legal System, Peter W. Mayer
Extra-Legal Factors In The American Legal System, Peter W. Mayer
Honors Papers
The laws of the United States have been written over time with the intention of providing a framework for fair, legitimate, and uniform legal decisions to be made. Laws attempt to provide national tranquility by providing channels of punishment for those who disobey them. At the same time laws in the United States attempt to avoid any conflict with differing cultural values present in our nation. The laws of the United States are intended to function without regard to the race, sex, or religion of the defendant, complainant, or attorneys involved. Laws themselves cannot help but embody the cultural values …
The "Natural Law Tradition", John M. Finnis
The "Natural Law Tradition", John M. Finnis
Journal Articles
This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).
Law And Lawyer In Pop Music: A Reason For Self-Reflection, Jennifer Jaff
Law And Lawyer In Pop Music: A Reason For Self-Reflection, Jennifer Jaff
University of Miami Law Review
No abstract provided.
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.
Language, Communication, Computers And The Law, R. A. Samek
Language, Communication, Computers And The Law, R. A. Samek
Dalhousie Law Journal
There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. "It is my keys", he says. "Did you lose them here?" "No, over there.'" "Why then are you looking for them over here?" "Because I can see here", is the man's reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to …
Law As A Social Science, R. Lynn Campbell
Law As A Social Science, R. Lynn Campbell
Dalhousie Law Journal
Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …