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Articles 181 - 184 of 184
Full-Text Articles in Law
Ricks V. State: Big Brother Has Arrived In Maryland, Thomas M. Messana
Ricks V. State: Big Brother Has Arrived In Maryland, Thomas M. Messana
Maryland Law Review
No abstract provided.
Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure To Environmental Tobacco Smoke May Constitute Cruel And Unusual Punishment - Avery V. Powell, Robin Terry
Campbell Law Review
This Note will analyze how the ,em>Avery Court reached its conclusion. In addition, this Note will examine Avery's reliance on the Rhodes v. Chapman standard. The main thrust of this Note will be to demonstrate the widespread recognition of the harmful effects of ETS and how the Avery Court used that recognition to acknowledge plaintiff's cause of action.
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Campbell Law Review
This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …
Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar
Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar
Osgoode Hall Law Journal
Three distinct adjudicatory processes are found in appellate courts: decisional adjudication (applying principles), procedural adjudication (choosing among principles), and diagnostic adjudication (defining and developing principles). The Supreme Court of Canada has traditionally used procedural adjudication, in which the adversary process frames issues and generates supporting material. However, the Court's decreased caseload, its increased discretion to select cases, and the arrival of a new wave of issues under the Charter of Rights has shifted the Court's work to diagnostic adjudication. As judgment becomes less a choice problem and more a creative exercise, both the degree and kind of judicial involvement changes. …