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Articles 7231 - 7260 of 9310

Full-Text Articles in Law

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr. Mar 1995

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez Mar 1995

The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez Mar 1995

Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa Mar 1995

The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Prediction And The Rule Of Law, Michael C. Dorf Feb 1995

Prediction And The Rule Of Law, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter Jan 1995

A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter

UIC Law Review

No abstract provided.


Dolan V. Tigard: The Myth And Reality Of Its Impact On Takings Jurisprudence And Land Use Regulation, Stephen Truesdale Carney Jan 1995

Dolan V. Tigard: The Myth And Reality Of Its Impact On Takings Jurisprudence And Land Use Regulation, Stephen Truesdale Carney

St. Thomas Law Review

In June of 1994, the evolution of constitutional law took another small step forward when the United States Supreme Court decided Dolan v. City of Tigard. This decision has specific implications for the fields of environmental and land-use law. While many see those implications as deleterious to environmental concerns, others see them as a necessary clarification in a narrow but previously vague area of law. In Dolan, the issue before the court was whether the city's demand that the petitioner dedicate her property along a floodplain to public use as a condition for a building permit approval violated the Fifth …


Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson Jan 1995

Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson

Faculty Articles and Other Publications

As part of the centennial celebration of the Washington College of Law, I am pleased to accept the invitation of The Law Review to revisit those six fascinating years of my deanship from 1971 to 1977. It is time for a backward glance in light of the profound changes that have since taken place in society, as well as in the Washington College of Law (WCL).


Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes Jan 1995

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes

Journal Articles

In these two lively, elegant, and lucid books, Mary Ann Glendon points to an increasing bloody-mindedness in our society, and argues persuasively that law and lawyers are in great part to blame for it. It seems that we are constantly pelting each other with non-negotiable demands backed by the threat of litigation, and that our legal profession has become too venal or too lacking in moral fiber to tell us to lighten up. The first part of the argument is presented in Rights Talk, the second in A Nation Under Lawyers. Both parts are presented with passion, charity, and a …


Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang Jan 1995

Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang

UIC Law Review

No abstract provided.


The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller Jan 1995

The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller

UIC Law Review

No abstract provided.


The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty Jan 1995

The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty

UIC Law Review

No abstract provided.


Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii Jan 1995

Nuisance Law: The Morphogenesis Of An Historical Revisionist Theory Of Contemporary Economic Jurisprudence, George P. Smith Ii

Scholarly Articles

The debate over the scope of the concept of reasonableness - its application and use in testing the legality of normative conduct - is of long standing. Recently, it has been suggested that reasonableness be substituted for both legal and moral rightness. I go further in this Article and suggest reasonableness incorporates the goal of economic efficiency and that it is tested or shaped by a simple cost-benefit model that has its legal etiology in the equitable principle of balancing that, in turn, has its roots in the principle of Sic utere tuo ut alienum non laedas, or So use …


The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly Jan 1995

The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly

UIC Law Review

No abstract provided.


Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg Jan 1995

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …


Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells Jan 1995

Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells

Faculty Publications

Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …


The Illusion And Allure Of Textualism, Stephen A. Plass Jan 1995

The Illusion And Allure Of Textualism, Stephen A. Plass

Villanova Law Review (1956 - )

No abstract provided.


The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy Jan 1995

The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy

University of Michigan Journal of Law Reform

This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …


Desperately Seeking Science, Francis J. Mootz Iii Jan 1995

Desperately Seeking Science, Francis J. Mootz Iii

Scholarly Works

In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.


Desperately Seeking Science, Francis J. Mootz Iii Jan 1995

Desperately Seeking Science, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean Jan 1995

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …


Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick Jan 1995

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …


Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley Jan 1995

Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley

St. Mary's Law Journal

Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …


The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss Jan 1995

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …


Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis Jan 1995

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …


Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson Jan 1995

Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson

Law Faculty Articles and Essays

This article's primary contribution to the rule/standard problem is to map the rule/standard continuum more precisely. This article will analyze several cases to reveal numerous forms of doctrine that are hybrids of the two archetypes, "rules" and "standards," including the aforementioned escape hatches, exceptions, and factor tests, and will also discuss costs and benefits of using each of these different forms, irrespective of substance. Judges must choose among a large number of valid forms, attempting to create the best "fit" between the chosen form, a judicial means, and higher-level ends, such as efficiency, social stability, consistency, or autonomy.The article will …


Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen Jan 1995

Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen

American University Law Review

No abstract provided.


Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore Jan 1995

Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Faculty Publications By Year

No abstract provided.


Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny Jan 1995

Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny

Faculty Publications By Year

No abstract provided.


The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen Jan 1995

The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen

Faculty Scholarship

Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …