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Articles 451 - 480 of 1288
Full-Text Articles in Law
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
Other Publications
In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …
Inventing Equal Sovereignty, Leah M. Litman
Inventing Equal Sovereignty, Leah M. Litman
Michigan Law Review
The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights Act’s key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the equal sovereignty principle remains largely unexamined. This Article seeks to provide some clarity—both to establish the contours of the equal sovereignty doctrine and to evaluate whether it is a sound rule of constitutional federalism. The principle of equal sovereignty, as initially articulated by courts and subsequently …
April 30, 2016: The Redemption Of American Public Life, Bruce Ledewitz
April 30, 2016: The Redemption Of American Public Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Redemption of American Public Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
BYU Law Review
The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Indonesia Law Review
Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter …
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Indonesia Law Review
This book presents an idea on making a court of ethics in Indonesia, written by Indonesia’s famous scholar in Constitutional Law, Prof. Dr. Jimly Asshiddiqie. This book has brought new perspectives by advancing the existence of law of ethics in the domination of rule of law.
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
Journal of Intellectual Property Law
No abstract provided.
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
ConLawNOW
The First Amendment severely disfavors content-based restrictions on speech in public areas. In its 2015 decision in Reed v. Town of Gilbert, the Supreme Court clarified the test for determining whether a speech restriction is content-based, ratcheting up the number of laws subject to strict scrutiny. While this decision has been criticized by some, I argue that, at least in the context of anti-panhandling legislation, Reed was a needed answer to local governments passing overly broad restrictions motivated by a desire to drive an unpopular type of speech from the city square. I use anti-panhandling ordinances from three local jurisdictions—the …
"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko
Journal of Intellectual Property Law
No abstract provided.
Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace
Journal of Intellectual Property Law
No abstract provided.
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser, Henry Darwin
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Elihu Lauterpacht
The Place Of Policy In International Law, Elihu Lauterpacht
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Communication And Competence For Self-Representation, E. Lea Johnston
Communication And Competence For Self-Representation, E. Lea Johnston
E. Lea Johnston
In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. In applying these standards, states …
Communication And Competence For Self-Representation, E. Lea Johnston
Communication And Competence For Self-Representation, E. Lea Johnston
E. Lea Johnston
In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. In applying these standards, states …
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard
Journal of Intellectual Property Law
No abstract provided.
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender
Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender
Journal of Intellectual Property Law
No abstract provided.
Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson
Journal of Intellectual Property Law
No abstract provided.
Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid
Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid
Journal of Intellectual Property Law
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.