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Articles 31 - 45 of 45
Full-Text Articles in Law
The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard
The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard
St. Mary's Law Journal
Abstract Forthcoming.
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.
Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel
St. Mary's Law Journal
Abstract Forthcoming.
The Windfall Profit Tax Exposed., J. Matthew Dow
The Windfall Profit Tax Exposed., J. Matthew Dow
St. Mary's Law Journal
Abstract Forthcoming.
Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King
Tax Exempt Financing Of Health Care Facilities As A Component Of The Market Approach To Health Care Cost Containment, George A. King
Fordham Urban Law Journal
This Comment will discuss the current health delivery system in the context of a Market Approach to health care cost containment. Political and financial issues in health care as well as current judicial and tax policies affecting Market Approach theory will be examined. The Comment concludes that targeted tax exempt financing must play a major role in establishing competitive forces in the health care delivery system.
The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra
The Nonproliferation Mandate And The Appropriate Legal Standard In Health Care Bargaining Unit Determinations, Mary Esquivel Sciarra
Fordham Urban Law Journal
This Comment examines the ongoing controversy over the appropriate legal standard to be applied in the determination of bargaining units in the health care industry. It reviews the basic law which governs the selection of appropriate units, discusses the legislative history of the 1974 amendments as they relate to bargaining units, and considers the intent of the accompanying admonition against unit proliferation. Implementation of the congressional mandate is examined in Board unit determinations. The Board's persistent use of the traditional industrial community of interest test is examined in light of circuit court decisions which have advocated new approaches. This Comment …
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Cleveland State Law Review
Despite their importance, the discussion of remedies for state hospital drugging has been largely ad hoc and uninformed. This study attempts to fill that gap. It explores four such remedies, attempting to identify the vision of the drug problem that underlies each one; to evaluate that vision and its plausibility; and to determine what the actual effects of imposing the remedy would be. Part I distinguishes between two approaches to remedy-"structural" and "atomistic"-and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. Part II explores a family of atomistic remedies. …
Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney
St. Mary's Law Journal
Abstract Forthcoming.
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
St. Mary's Law Journal
Abstract Forthcoming.
Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr
Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow
Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow
St. Mary's Law Journal
Abstract Forthcoming.
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
St. Mary's Law Journal
Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …