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Articles 12901 - 12930 of 14926

Full-Text Articles in Law

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver Apr 1990

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.


National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp Apr 1990

National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp

West Virginia Law Review

No abstract provided.


The Republican Revival: Revolutionary Republicanism's Relevance For Charles Summer's Theory Of Equality And Reconstruction, Janis L. Mcdonald Apr 1990

The Republican Revival: Revolutionary Republicanism's Relevance For Charles Summer's Theory Of Equality And Reconstruction, Janis L. Mcdonald

Buffalo Law Review

No abstract provided.


Rico Threatens Civil Liberties, Antonio J. Califa Apr 1990

Rico Threatens Civil Liberties, Antonio J. Califa

Vanderbilt Law Review

The history of conspiracy, according to Justice Robert Jackson, exemplifies the "'tendency of a principle to expand itself to the limit of its logic.' "" This same phenomenon is present today in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). RICO has moved beyond logic and intent into areas far removed from racketeering. Originally intended to combat organized crime, RICO is used increasingly in ideological disputes. For example, it has been used against abortion clinic protesters and anti-pornography groups.

This Article argues that using RICO in ideological disputes is inappropriate and harmful because it results in the chilling …


Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman Apr 1990

Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman

William & Mary Law Review

No abstract provided.


A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman Apr 1990

A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman

Osgoode Hall Law Journal

This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.


No. 84-3040 Plaintiff's Post-Trial Brief On Relief Issues, United States District Court For The District Of Columbia Mar 1990

No. 84-3040 Plaintiff's Post-Trial Brief On Relief Issues, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Innocence And Affirmative Action, Thomas Ross Mar 1990

Innocence And Affirmative Action, Thomas Ross

Vanderbilt Law Review

When we create arguments, when we act as rhetoricians, we reveal ourselves by the words and ideas we choose to employ. Verbal structures that are used widely and persistently are especially worth examination. Arguments made with repeated, almost formulaic, sets of words suggest a second argument flowing beneath the apparent argument. Beneath the apparently abstract language and the syllogistic form of these arguments, we may discover the deeper currents that explain, at least in part, why we seem so attached to these verbal structures.

Argument about affirmative action in the context of racial discrimination is particularly wrenching and divisive, especially …


The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt Mar 1990

The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt

Vanderbilt Law Review

Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …


Civil Action No. 84-3040 Court Transcript (1-374), United States District Court For The District Of Columbia Feb 1990

Civil Action No. 84-3040 Court Transcript (1-374), United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod Feb 1990

Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


The Liberty Impact Of The New Property, Charles A. Reich Feb 1990

The Liberty Impact Of The New Property, Charles A. Reich

William & Mary Law Review

No abstract provided.


The Madisonian Theory Of Rights, Jack N. Rakove Feb 1990

The Madisonian Theory Of Rights, Jack N. Rakove

William & Mary Law Review

No abstract provided.


James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton Feb 1990

James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton

William & Mary Law Review

No abstract provided.


Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla Feb 1990

Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson Feb 1990

James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson

William & Mary Law Review

No abstract provided.


The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland Feb 1990

The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland

William & Mary Law Review

No abstract provided.


A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann Feb 1990

A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann

William & Mary Law Review

No abstract provided.


Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla Feb 1990

Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil Feb 1990

Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


Cooperative Surplus: The Efficiency Justification For Active Government, Charles H. Koch Jr. Feb 1990

Cooperative Surplus: The Efficiency Justification For Active Government, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


On Hegel, On Slavery, But Not On My Head!, Guyora Binder Feb 1990

On Hegel, On Slavery, But Not On My Head!, Guyora Binder

Journal Articles

This Article, a sequel to “Mastery, Slavery and Emancipation,” amplified its claims that slaves conceptualized freedom primarily in solidaristic terms as social and political participation, and recognition rather than as individual autonomy or economic opportunity. It replied to skeptical objections offered by Critical Race Theorist Kendall Thomas and offered a solidaristic reading of the autobiographies of Fredercik Douglass and Sellah Martin.


Civil Action No. 84-3040 Plaintiff's Reply On Remand, United States District Court For The District Of Columbia Jan 1990

Civil Action No. 84-3040 Plaintiff's Reply On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Civil Action No. 84-3040 Defendant's Pre-Trial Reply Brief On Remedial Issues, United States District Court For The District Of Columbia Jan 1990

Civil Action No. 84-3040 Defendant's Pre-Trial Reply Brief On Remedial Issues, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia Jan 1990

No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Civil Action No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia Jan 1990

Civil Action No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Deposition Of Neil Redford, United States District Court For The District Of Columbia Jan 1990

Deposition Of Neil Redford, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Deposition Of Joseph E. Connor, United States District Court For The District Of Columbia Jan 1990

Deposition Of Joseph E. Connor, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Plaintiff's Actual Earnings, Wayne A. Schrader Jan 1990

Plaintiff's Actual Earnings, Wayne A. Schrader

Ann B. Hopkins Papers

No abstract provided.


Civil Action No. 84-3040 Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia Jan 1990

Civil Action No. 84-3040 Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.