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Full-Text Articles in Law

Shall - Take No. 2, Debra R. Cohen Jan 1998

Shall - Take No. 2, Debra R. Cohen

Journal Articles

No abstract provided.


Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review Sep 1995

Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Blind Injustice: Seeing Beyond The D.C.Superior Court Exclusion Of Blind Citizens From Jury Duty, Deborah Ann A'Hearn Mar 1994

Blind Injustice: Seeing Beyond The D.C.Superior Court Exclusion Of Blind Citizens From Jury Duty, Deborah Ann A'Hearn

University of the District of Columbia Law Review

On January 4, 1994, the Cohncil of the District of Columbia (D.C. Council) adopted PR 10-361, the "Sense of the Council on Blind Citizens' Right to Jury Service Resolution of 1993." This Resolution, which supports the United States District Court's decision in Galloway v. Superior Court of the District of Columbia," would afford blind citizens the same privilege and right to serve as jurors that is granted to non-disabled citizens. Currently, D.C. CODE ANN. § 11-1903 (1981)3 prohibits exclusion of citizens from jury service on the basis of physical handicap. Specifically, the Code provides that: [A] citizen of the District …


Congressional Oversight Of Morality: Sodomy Law Reform In The District Of Columbia, Gina M. Smith, Heidi Norton Mar 1994

Congressional Oversight Of Morality: Sodomy Law Reform In The District Of Columbia, Gina M. Smith, Heidi Norton

University of the District of Columbia Law Review

On September 14, 1993, the District of Columbia successfully reformed the sodomy law with which it has been burdened for nearly two centuries. This reform appears at first glance to have been a major victory, not only for the lesbian and gay residents of the District for whom the law represented the greatest threat, but also for proponents of the principles of self-governance. But the road to this victory was a long and difficult one, spanning many decades and testing the outer limits of thd tenets of Home Rule and Congressional oversight of District affairs. This article sets forth the …


The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf Mar 1994

The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf

University of the District of Columbia Law Review

In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'


Current Legal Developments. Introduction, William C. Pryor Mar 1994

Current Legal Developments. Introduction, William C. Pryor

University of the District of Columbia Law Review

No abstract provided.


"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick Mar 1994

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.


A Delicate Balance: Bill 10-77 And Protecting Access To Abortion Clinics And Anti-Abortion Protesters' Right To Demonstrate, Rudolph Schreiber Mar 1994

A Delicate Balance: Bill 10-77 And Protecting Access To Abortion Clinics And Anti-Abortion Protesters' Right To Demonstrate, Rudolph Schreiber

University of the District of Columbia Law Review

No abstract provided.


Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz Mar 1993

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.


The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn Mar 1992

The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn

University of the District of Columbia Law Review

This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …


Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen Jun 1986

Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen

Antioch Law Journal

On October 3, 1985, representatives of a coalition of over twenty public interest and consumer groups' marched in front of the Washington, D.C. law offices of Wilmer, Cutler & Pickering 2 holding aloft a banner reading "Corporate Criminals Must Pay" and chanting "Put your clients away, let RICO stay." Wilmer, Cutler & Pickering was singled out as the spearhead of the business lobby seeking, in the coalition's view, to vitiate the effective civil provisions of the "Racketeer Influenced and Corrupt Organizations Act" ("RICO"),3 in particular, its treble damage remedy. The goal of RICO, set out in the "Statement of Findings …


Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter Jun 1986

Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter

Antioch Law Journal

In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …


An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn Jun 1986

An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn

Antioch Law Journal

The protection of employee whistleblowers is a controversial and developing area within employment discrimination law. There is no comprehensive law which prohibits employers from retaliating against employees who disclose potential corporate or governmental violations of law, or practices which may violate environmental standards or threaten the health and safety of employees and the public. Instead, over the past twenty-five years there has been a steady growth in common law and specific statutory protections for employee whistleblowers. This article is an introduction to the major statutory and common law provisions which concern whistleblower protection. It is not intended to present a …


Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein Jun 1986

Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein

Antioch Law Journal

This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …


Equal Access To Justice Act, Sidney B. Jacoby Dec 1982

Equal Access To Justice Act, Sidney B. Jacoby

Antioch Law Journal

The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …


The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce Sep 1981

The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce

Antioch Law Journal

In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …