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Articles 6691 - 6720 of 7220

Full-Text Articles in Law

Should Judges Be Politicians?: The English Experience, Gareth Jones Apr 1982

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather Jan 1982

Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather

Journal Articles

No abstract provided.


The Rights Of Aliens In The 1980'S, Juan E. Mendez Jan 1982

The Rights Of Aliens In The 1980'S, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy Jan 1982

Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy

University of Michigan Journal of Law Reform

Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.


Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman Jan 1982

Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman

University of Michigan Journal of Law Reform

This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …


Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz Jan 1982

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Book Review, Bruce Ledewitz Jan 1982

Book Review, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Framework Of Democracy In Union Government, Roger C. Hartley Jan 1982

The Framework Of Democracy In Union Government, Roger C. Hartley

Scholarly Articles

This article ventures into, and attempts to clarify, the context that affects and is affected by the law regulating union government. Drawing extensively from disciplines other than law, it posits a unified role for this body of law by focusing on unions' assigned societal functions and the realities of their structure and government. Part II traces the context in which the law regulating union government develops. It first describes the dual governments unions administer, and the competing interests within each that law must accommodate. It then suggests possible causes of the doctrinal fragmentation observed in the law regulating union government, …


The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar Jan 1982

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr Jan 1982

Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr

Seattle University Law Review

This article will discuss the scope and nature of constitutional protection to be afforded political party autonomy by the first and fourteenth amendments. The purpose of the present discussion is to review both legal and political sides of this question. Once this is done it will become clear that a party right to protected autonomy during the candidate selection process is not only founded upon solid constitutional ground but is also in keeping with sound political wisdom.


Prospects For Federalism, Maurice J. Holland Jan 1982

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel Jan 1982

Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel

Scholarly Works

Though partisans on both sides claim credit for electoral victories and defeats, and politicians treat both groups with deference, few studies have attempted to gauge the impact of the abortion issue in more than an anecdotal manner. In 1976, NARAL noted that of the 13 members of the U.S. Representatives that lost re-election bids, nine were pro-life, and four were pro-choice. A study conducted by the Alan Guttmacher Institute of the 1974 House races found that, in “competitive” districts, 92 percent of the pro-choice candidates studied were re-elected while only 61 percent of the pro-life candidates were returned to Congress, …


The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau Oct 1981

The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau

University of Michigan Journal of Law Reform

This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …


Enjoining Political Protest Strikes Sep 1981

Enjoining Political Protest Strikes

Washington and Lee Law Review

No abstract provided.


Crisis In Legal Services For The Poor, Roger C. Cramton Mar 1981

Crisis In Legal Services For The Poor, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin Jan 1981

Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin

Cleveland Memory

Burt W. Griffin has been a judge of the Common Pleas Court of Cuyahoga County, Ohio since January 3, 1975. From 1966 to 1975, he served as a legal aid lawyer in various capacities including Executive Director of the Cleveland Legal Aid Society and National Director of the Legal Services Program, U.S. Office of Economic opportunity. He was Assistant Counsel to the President's Commission on the Assassination of President Kennedy during 1964. Judge Griffin has been a life-long resident of Greater Cleveland. He was born in Cleveland's Hough section in 1932, lived in the Shaker Square area of Cleveland from …


Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter Jan 1981

Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron Jan 1981

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …


The Ineligibility Clause: An Historical Approach To Its Interpretation And Application, 14 J. Marshall L. Rev. 819 (1981), Paul R. Lieggi Jan 1981

The Ineligibility Clause: An Historical Approach To Its Interpretation And Application, 14 J. Marshall L. Rev. 819 (1981), Paul R. Lieggi

UIC Law Review

No abstract provided.


The Distrust Of Politics, Terrance Sandalow Jan 1981

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …


In Search Of A Role For The Legal System, Fernando E. Agrait Nov 1980

In Search Of A Role For The Legal System, Fernando E. Agrait

BYU Law Review

No abstract provided.


Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate Jun 1980

Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1796 which authorized the Assiniboine tribe to seek damages for US constitutional violations and the delay of payment for taken lands. This report includes recommendations from the US assistant attorney general and proposed amendments for the bill. US Senate Bill 1796 became US Public Law 96-434 on October 10, 1980.


Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate Jun 1980

Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1795 which authorized the Blackfeet and Gros Ventre tribes to seek damages for US Constitutional violations and the delay of payment for taken lands. This report recommends an amendment to the language of US Senate Bill 1795. US Senate Bill 1795 became US Public Law 96-405 on October, 9, 1980.


Federal Protection Of Individual Rights In Local Elections, 13 J. Marshall L. Rev. 503 (1980), Sheldon Gardner, Celeste M. Ebers Jan 1980

Federal Protection Of Individual Rights In Local Elections, 13 J. Marshall L. Rev. 503 (1980), Sheldon Gardner, Celeste M. Ebers

UIC Law Review

No abstract provided.


Reverse Political Checkoff Per Se Illegal As Violation Of Federal Election Campaign Act, Jay S. Bybee Jan 1980

Reverse Political Checkoff Per Se Illegal As Violation Of Federal Election Campaign Act, Jay S. Bybee

Scholarly Works

This casenote summarizes the district court for the District of Columbia’s decision in Federal Election Commission v. National Education Association.


Intervention And Detente In American Foreign Policy, Robert S. Wood Jan 1980

Intervention And Detente In American Foreign Policy, Robert S. Wood

International Law Studies

No abstract provided.


Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.


Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez Jan 1980

Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez

Northwestern Journal of International Law & Business

Progress in economic and social development by developing countries should not spell the end of US. bilateral assistance, argues Ambassador Valdez in this article. In recent years such progress has occurred in Latin America and the Caribbean to the extent that many of the nations of the region no longer qualify for assistance under theper capita income criterion tradition- ally employed by U.S. policy-makers. Ambassador Valdez explores the needfor continuing bilateral assistance, and then articulates why it is in the best interests of the United States to provide this assistance. He concludes by setting out the parameters of aforeign aidpolicy …