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Articles 13501 - 13530 of 14127
Full-Text Articles in Law
A New Theory Of Social Control, Charles R. Tittle
A New Theory Of Social Control, Charles R. Tittle
Michigan Law Review
A Review of Norms, Deviance, and Social Control: Conceptual Matters by Jack P. Gibbs
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Michigan Law Review
A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid
The Litigious Society, Michigan Law Review
The Litigious Society, Michigan Law Review
Michigan Law Review
A Review of The Litigious Society by Jethro K. Kieberman
Delinquent Measures, David Seidman
Delinquent Measures, David Seidman
Michigan Law Review
A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis
The Economics Of Justice, Michigan Law Review
The Economics Of Justice, Michigan Law Review
Michigan Law Review
A Review of The Economics of Justice by Richard A. Posner
The Sec And The Public Interest, Michigan Law Review
The Sec And The Public Interest, Michigan Law Review
Michigan Law Review
A Review of The SEC and the Public Interest by Susan M. Phillips and J. Richard Zecher
Social Order And The Limits Of Law, Michigan Law Review
Social Order And The Limits Of Law, Michigan Law Review
Michigan Law Review
A Review of Social Order and the Limits of Law by Iredell Jenkins
Toward A New Theory Of Roman Law, David F. Pugsley
Toward A New Theory Of Roman Law, David F. Pugsley
Michigan Law Review
A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier
Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review
Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review
Michigan Law Review
A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso
Providing Legal Services For The Poor: A Dilemma And An Opportunity, Robert M. Hardaway, Kay H. Paine, Jane P. Gill
Providing Legal Services For The Poor: A Dilemma And An Opportunity, Robert M. Hardaway, Kay H. Paine, Jane P. Gill
Sturm College of Law: Faculty Scholarship
This article serves as a report on the status of pro bono legal services programs in Colorado and the possible options available for attorney participation. It is hoped that this information will assist attorneys in examining their pro bono responsibilities and in seeking creative ways to turn these responsibilities into opportunities. Perhaps as background, the definition of pro bono should first be examined.
Legal Aid For The Poor: A Conceptual Analysis, Marshall J. Breger
Legal Aid For The Poor: A Conceptual Analysis, Marshall J. Breger
Scholarly Articles
In this Article Professor Breger examines the competing justifications that have been advanced for the provision of free legal aid to those who cannot afford to engage a private attorney. Professor Breger argues that every citizen has the right to effective access to the courts to resolve disputes in that they aret he only state-sanctionedd ispute resolution mechanism. Because of the complexity of our legal system, effective access to the courts often requires the services of an attorney. Under this theory of "access rights" a person is entitled to free legal aid when necessary for the enforcement of a legal …
The Legal Status Of Women In Alabama, Ii: A Crazy Quilt Restitched, Marjorie F. Knowles
The Legal Status Of Women In Alabama, Ii: A Crazy Quilt Restitched, Marjorie F. Knowles
Faculty Publications By Year
No abstract provided.
Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
St. Mary's Law Journal
Abstract Forthcoming.
Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry
St. Mary's Law Journal
Abstract Forthcoming.
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis
Michigan Law Review
This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …
Access To Justice: Variations And Continuity Of A World-Wide Movement, Bryant Garth, Mauro Cappelletti, Nicolo Trocker
Access To Justice: Variations And Continuity Of A World-Wide Movement, Bryant Garth, Mauro Cappelletti, Nicolo Trocker
Articles by Maurer Faculty
No abstract provided.
The Community Service Obligation Of Hill-Burton Health Facilities, Ken Wing
The Community Service Obligation Of Hill-Burton Health Facilities, Ken Wing
Faculty Articles
This article focuses squarely on the community service provision and the regulations promulgated thereunder. The analysis traces the statutory and regulatory history of the community service obligation and examines the scope of the discretion that has been delegated to federal and state agencies to define and enforce this obligation. The discussion begins with a brief history of the original Hill-Burton program and the several amendments and modifications of the program over the last several decades. Next, the legislative history of the community service obligation is examined in an effort to determine the scope of authority created by Congress in establishing …
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
A Reprise On Herbert V. Lando And The Law Of Defamation, Howard Hunter
A Reprise On Herbert V. Lando And The Law Of Defamation, Howard Hunter
Research Collection Yong Pung How School Of Law
Three and a half years ago, in an article, published in a symposium issue of the Kentucky Law Journal focusing on the first amendment, I examined the United States Supreme Court decision of Herbert v. Lando. The Court held that reporters, editors and publishers are not protected by any "editorial privilege" from "state of mind" inquiries during discovery in a defamation case governed by the standard of liability set forth in New York Times Co. v. Sullivan. The Supreme Court decision in Lando stirred a mild flurry of academic comment, partly because it reversed the Second Circuit's broad ruling in …
Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel
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, …
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
Michigan Law Review
At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.
Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg
Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg
Michigan Law Review
This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …
Witness For The Defense: A Right To Immunity, Robin D. Mass
Witness For The Defense: A Right To Immunity, Robin D. Mass
Vanderbilt Law Review
This Note has outlined various constitutional arguments that the criminal defendant can invoke in support of an application for witness immunity.First, the Note relies on the Supreme Court's decision in United States v. Nixon for its argument that courts should use a flexible separation of powers approach in the context of witness immunity grants. While the Nixon Court accepted the notion that separation of powers protects the decision making authority of the individual branches of government from infringement by the other branches, it observed that the doctrine does not enforce an absolute executive privilege. Thus, the separation of powers doctrine …
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …