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The New Jersey Constitution: Positive Rights, Common Law Entitlements, And State Action, Helen Hershkoff

Faculty Articles

During the last half of the twentieth century, the New Jersey Supreme Court built an impressive reputation for its “intellectually rigorous and forcefully progressive” interpretations of state constitutional law. The court’s status as a jurisprudential entrepreneur rests, in part, on decisions that involve social and economic life—most notably, its enforcement of the positive right to an adequate education. However, the court’s commitment to material well-being has not stopped at the border of state action. In contrast to federal doctrine, the New Jersey Supreme Court has shown a willingness to reconfigure contract and property rights in light of public policies that …

Constitutional Cases 2005: An Overview, Patrick J. Monahan, Christian Kurtz

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

The Sun Also Rises: The Political Economy Of Sunset Provisions In The Tax Code, Rebecca M. Kysar

Georgia Law Review

This Article provides an overview and critical analysis of sunset provisions in the tax code and, through examination of the political pressures that led to their striking transformation, also reveals disturbing points of vulnerability in the legislative process. It concludes that, contrary to one of the primary justifications for the enactment of sunset provisions-that these provisions reduce the influence exerted on lawmakers by interest groups-sunsets may instead further politicize the legislative process and, due to their mechanics, increase the likelihood of inefficient social outcomes. The history of sunset provisions in tax legislation also illuminates the complex, multidirectional,and often dramatic interaction …

Mike Wolff: Chief Of Collegiality, Hon. Duane Benton

Saint Louis University Law Journal

No abstract provided.

Annual Reports 2005 Town Of Middleton, New Hampshire For The Fiscal Year Ending Dec. 31, 2005., Middleton Town Representatives

Middleton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Greenfield 2005 Annual Reports For Fiscal Year Ending December 31, 2005., Greenfield Town Representatives

Greenfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

The "L" In "Cle" Stands For "Legal", Randall T. Shepard

Valparaiso University Law Review

No abstract provided.

Law School Education And Liberal Cle, Jay Conison

Valparaiso University Law Review

No abstract provided.

Transition Education: One Step In A Lifetime Of Learning For Lawyers, Janis E. Clark

Valparaiso University Law Review

No abstract provided.

History Of Attorney Specialization In Indiana, Melissa S. May

Valparaiso University Law Review

No abstract provided.

Accreditation Of Technology-Based Continuing Legal Education, Pete Glowacki

Valparaiso University Law Review

No abstract provided.

Transparent And Efficient Markets: Compelled Commercial Speech And Coerced Commercial Association In United Foods, Zauderer, And Abood, Robert Post

Valparaiso University Law Review

No abstract provided.

Navigating The Waters Of International Employment Law: Dispute Avoidance Tactics For United States-Based Multinational Corporations, Jennifer L. Hagerman

Valparaiso University Law Review

No abstract provided.

Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff

Faculty Publications

In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …

Continuum: Volume 25, Number 6 (Winter 2006), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Principle And Imagination In Judging: A Conversation With Mr. Justice James Macpherson, Peter Dostal, Jessica Gin-Jade Chan

Dalhousie Journal of Legal Studies

In the fall of 2005, Mr. Justice James MacPherson of the Ontario Court of Appeal began his visiting term at the Dalhousie University Faculty of Law. During his visit, Justice MacPherson spoke with two students about several issues that have engaged him during his career as a lawyer, academic and judge. The conversation raised a number of questions about Canada’s changing legal landscape, and how the judiciary has attempted to balance the role of legal principle and judicial imagination in law-making. How, for example, has the public’s sceptical perception of our evolving justice system subjected judges to a higher degree …

The Virtues And Vices Of Sovereignty, Sarah Krakoff

Publications

American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …

First Amendment Values At Serious Risk: The Government Speech Doctrine After Johanns V. Livestock Marketing Ass'n, Mia Guizzetti Hayes

Catholic University Law Review

No abstract provided.

Aging Trends And Challenges In Nevada, Jennifer Reid Keene, Kathryn Mcclain

Social Health of Nevada Reports

Societal aging is one of the most important social trends of the 21 st century. It affects our political, social, and economic institutions and also the nature of our interpersonal and family relationships (Quadagno 2005). In the coming decades, both as individuals and as a society, we will have to make important decisions regarding the consequences of our aging population. Policy makers, families, businesses, local, state, and federal governments, health care providers will all be faced with the challenges of meeting the needs of the growing older population in the U.S. and in Nevada.

Immigration And Ethnic Diversity In Nevada, Thomas C. Wright

Social Health of Nevada Reports

In a few decades, non-Hispanic whites will constitute a bare majority in the United States. If current demographic trends continue,

• By 2050, the Hispanic population will more than double, the Asian population will double, and the African-American population will grow at a faster pace than non-Hispanic whites.

These developments promise to bring profound changes in the country’s ethnic and racial landscape. Many of these demographic trends are on display in the Silver State.

Disability Rights And Resources In Nevada, Janet S. Belcove-Shalin

Social Health of Nevada Reports

Attitudes toward people with disabilities have changed dramatically over the course of the last hundred years. In the 19th century, individuals with serious physical or mental issues were singled out for pity and urged to accept their afflictions as the will of God. The government offered no assistance to these persons, relying instead on alms giving from religious institutions and philanthropic organizations.

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey

Faculty Articles

The Supreme Court decision in Bates v. State Bar of Arizona ruled that lawyer advertising is commercial speech subject to First Amendment protection. However, a Texas disciplinary statute provided that “a lawyer shall not publicize himself, his partner, or associate…through newspaper or magazine advertisements, radio or television announcements…or other means of commercial publicity.” Despite being clearly unconstitutional, the Texas statute remained law for five years. Finally, responding to Bates in September 1977, the Texas State Bar Board of Directors adopted an official statement which allowed for limited advertising in newspapers, and only to the extent which was provided for by …

Tribute To Chief Justice Michael Wolff, Hon. Richard B. Teitelman

Saint Louis University Law Journal

No abstract provided.

Michael A. Wolff, Chief Justice, Professor And Scholar, Joseph J. Simeone

Saint Louis University Law Journal

No abstract provided.

Chief Justice Michael A. Wolff, A Reflection, Peter W. Salsich Jr.

Saint Louis University Law Journal

No abstract provided.

Tribute To Chief Justice Michael Wolff: Reminiscences Of A Faculty Colleague, Roger L. Goldman

Saint Louis University Law Journal

No abstract provided.

Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.

Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone

Journal Articles

No abstract provided.

Charles O. Galvin: Dean, Scholar, Leader, Innovator, John B. Attanasio

SMU Law Review

No abstract provided.

Tort Suits Filed By Rape And Sexual Assault Victims In Civil Courts: Lessons For Courts, Classrooms And Constituencies, Ellen M. Bublick

SMU Law Review

No abstract provided.