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Articles 1 - 30 of 41
Full-Text Articles in Law
Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song
Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song
University of Michigan Journal of Law Reform
Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better …
Anti-Ballistic Missile Defense As Obsession: A Psychological Hypothesis, Ibpp Editor
Anti-Ballistic Missile Defense As Obsession: A Psychological Hypothesis, Ibpp Editor
International Bulletin of Political Psychology
This article presents a psychological rationale for extremely strong support of an anti-ballistic missile defense.
Commentary On Psychological Warfare In The 21st Century, Ibpp Editor
Commentary On Psychological Warfare In The 21st Century, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on 21st century challenges--threats and opportunities--to the practice of psychological warfare.
Biological Warfare: Commentary On Chyba's Analysis, Ibpp Editor
Biological Warfare: Commentary On Chyba's Analysis, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on Christopher Chyba's comparative analysis of biological and nuclear warfare.
Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor
Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor
International Bulletin of Political Psychology
This article explores public discourse on the fate of the 1972 Anti-Ballistic Missile (ABM) Treaty in the context of developing ballistic missile defenses.
Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor
Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor
International Bulletin of Political Psychology
This article explores the psychology of weapons possession in the context of political conflict in Northern Ireland.
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor
International Bulletin of Political Psychology
This article comes in two parts - the article and the notes.
Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.
Part II: Notes and bibliography for Part …
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor
International Bulletin of Political Psychology
This article comes in two parts - the article and the notes.
Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.
Part II: Notes and bibliography for Part …
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
The Journal of Appellate Practice and Process
Many cases regarding veterans' benefits are heard in the Federal Circuit. The Federal Circuit has a practice of issuing one sentence orders in some cases. This practice benefits veterans by allowing decisions adverse to veterans to be made without creating precedential value. Removing the practice of unpublished opinions in the Federal Circuit would extinguish this benefit.
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor
Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor
International Bulletin of Political Psychology
This article explores levels of United States Government (USG) complicity during the late 1970s in the murder of individuals alleged to have been left-wing opponents of South American, right-wing, authoritarian governments.
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Michigan Journal of International Law
On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins
The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins
UIC Law Review
No abstract provided.
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
Michigan Journal of International Law
The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Vanderbilt Journal of Transnational Law
In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
Oklahoma Law Review
No abstract provided.
Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson
St. Mary's Law Journal
The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
St. Mary's Law Journal
Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …
Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman
Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman
St. Mary's Law Journal
Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
St. Mary's Law Journal
Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
Fair Labor Standards Act And Sovereign Immunity: Unlocking The Courthouse Door For Texas State Employees., Melinda Herrera
St. Mary's Law Journal
Unless Texas expressly waives its Eleventh Amendment sovereign immunity, its state employees will not have similar legal recourse and protection as those available to private employees. As in many other states, a party may not sue the State of Texas without its consent. Thus, in the absence of constitutional or statutory provisions to the contrary, a state may claim sovereign immunity against any suit brought by a private party in both federal and state court. As a result, the Eleventh Amendment effectively precludes private individuals from suing a state in both federal and state court for violating a federal statute …
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii
St. Mary's Law Journal
Abstract Forthcoming.
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen
St. Mary's Law Journal
Community notification of a sex offender’s presence may be violating the Eighth Amendment’s protection from Cruel and Unusual Punishment. Under Megan’s Law and other sex offender registration statutes, individuals that have completed a prison sentence for a sex crime may have to register as a sex offender. The information of the individual including his name, address, physical description, date of birth, social security number, employer, offense, and picture, is publicly disseminated. As an unintended consequence, individuals who have served their time may have to suffer additional punishment in the form of harassment, vigilantism, and violence.
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
St. Mary's Law Journal
Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …
Bridging The Analytical Gap: The Gammill Alternative To Overcoming Robinson & (And) Havner Challenges To Expert Testimony., Kimberly S. Keller
Bridging The Analytical Gap: The Gammill Alternative To Overcoming Robinson & (And) Havner Challenges To Expert Testimony., Kimberly S. Keller
St. Mary's Law Journal
Abstract Forthcoming.
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
St. Mary's Law Journal
Abstract Forthcoming.