Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (885)
- Yeshiva University, Cardozo School of Law (858)
- University of Michigan Law School (385)
- Seattle University School of Law (309)
- University of Nebraska - Lincoln (309)
-
- UIC School of Law (290)
- University of New Mexico (255)
- Maurer School of Law: Indiana University (226)
- Touro University Jacob D. Fuchsberg Law Center (226)
- University of Colorado Law School (212)
- Georgetown University Law Center (204)
- American University Washington College of Law (176)
- BLR (175)
- Pepperdine University (167)
- Barry University School of Law (166)
- Notre Dame Law School (165)
- Vanderbilt University Law School (158)
- Saint Joseph University of Beirut (149)
- University of Georgia School of Law (138)
- Universitas Indonesia (132)
- Northwestern Pritzker School of Law (125)
- University of Miami Law School (116)
- Villanova University Charles Widger School of Law (116)
- Texas A&M University School of Law (109)
- New York Law School (105)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (104)
- Brooklyn Law School (103)
- Fordham Law School (98)
- Washington and Lee University School of Law (97)
- Cornell University Law School (96)
- Keyword
-
- Jurisprudence (1406)
- St. Mary’s University School of Law (397)
- St. Mary’s Law Journal (395)
- Supreme Court (268)
- Constitutional law (223)
-
- Constitution (208)
- Constitutional Law (208)
- Judges (190)
- Law (186)
- United States Supreme Court (182)
- Courts (143)
- First Amendment (132)
- Judicial review (126)
- Law and Society (113)
- Legislation (111)
- Legal History (102)
- Legal theory (97)
- Statutory interpretation (96)
- Inc. (87)
- Justice (87)
- Criminal law (84)
- Due process (83)
- Federalism (82)
- Originalism (81)
- Evidence (80)
- Fourteenth Amendment (76)
- Legal history (76)
- International Law (75)
- Federal courts (72)
- Discrimination (71)
- Publication Year
- Publication
-
- St. Mary's Law Journal (856)
- Cardozo Law Review (483)
- Faculty Scholarship (407)
- Articles (301)
- Court Review: Journal of the American Judges Association (297)
-
- Seattle University Law Review (294)
- UIC Law Review (277)
- United States - Mexico Law Journal (1993-2005) (253)
- Michigan Law Review (247)
- Georgetown Law Faculty Publications and Other Works (198)
- Publications (198)
- Touro Law Review (171)
- ExpressO (170)
- Scholarly Works (159)
- Proche-Orient, Études juridiques (149)
- Journal Articles (128)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Indiana Law Journal (118)
- Barry Law Review (109)
- Faculty Publications (99)
- Vanderbilt Law Review (95)
- Journal of Legal Education (91)
- Pepperdine Law Review (86)
- UAEU Law Journal (80)
- Akron Law Review (79)
- Cornell Law Faculty Publications (74)
- Washington and Lee Law Review (74)
- Articles by Maurer Faculty (72)
- Northwestern University Law Review (72)
- Maine Law Review (70)
- Publication Type
Articles 7921 - 7950 of 9282
Full-Text Articles in Law
Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller
St. Mary's Law Journal
In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …
The Rule Of Law And The Rule Of Laws, David F. Forte
The Rule Of Law And The Rule Of Laws, David F. Forte
Law Faculty Articles and Essays
The thesis of this article is that, for the Rule of Law to be maintained in a modern technological society, the legal system must affirmatively tolerate a range of justifiable non-compliance. I begin with a rather strong definition of the Rule of Law, one that encompasses not merely the procedural desiderata of Lon Fuller (which John Finnis accepts), but also the notion that the Rule of Law has a substantive content (the common good) and that it necessarily binds the rulers as well as the ruled. I posit as an opposite phenomenon to the Rule of Law, the rule of …
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Meeting The Enemy, Robert F. Nagel
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton
Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton
UIC Law Review
No abstract provided.
G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas
UIC Law Review
No abstract provided.
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
UIC Law Review
No abstract provided.
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Law Faculty Articles and Essays
The first part of this article examines some of the main features of Finnis's theory of natural law. It suggests that Finnis offers a "soft" theory of natural law anchored in a richer and more realistic conception of human nature than has generally characterized natural law theory. The article's second part briefly describes some methodological aspects of Finnis's theory. The third part seeks to apply Finnis's principles to Justice O'Connor's opinion in City of Richmond v. J. A. Croson Co., a decision that makes it extremely difficult for state and local governments to combat the subtle devises and consequences of …
The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg
The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Cleveland State Law Review
This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
Indiana Law Journal
No abstract provided.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
St. Mary's Law Journal
No abstract provided.
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati
St. Mary's Law Journal
No abstract provided.
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood
St. Mary's Law Journal
No abstract provided.
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
Estate Planning For The Non-Taxable Estate., Mcken V. Carrington
St. Mary's Law Journal
No abstract provided.
Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett
St. Mary's Law Journal
No abstract provided.
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
St. Mary's Law Journal
In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer
St. Mary's Law Journal
Abstract Forthcoming.
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid
St. Mary's Law Journal
Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …
Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada
Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada
St. Mary's Law Journal
Abstract Forthcoming.
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle
St. Mary's Law Journal
As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …
Dedication., Ernest A. Raba
Dedication., Orville C. Walker
Dedication., Jack Pope
Dedication., Editorial Board St. Mary's School Of Law
Dedication., Editorial Board St. Mary's School Of Law
St. Mary's Law Journal
Abstract Forthcoming.
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint
St. Mary's Law Journal
Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …
The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray
St. Mary's Law Journal
A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor
St. Mary's Law Journal
Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …