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Full-Text Articles in Law
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Struggle For Justice In The Civil Rights March From Selma To Montgomery: The Legacy Of The Magna Carta And The Common Law Tradition, Winston P. Nagan
The Struggle For Justice In The Civil Rights March From Selma To Montgomery: The Legacy Of The Magna Carta And The Common Law Tradition, Winston P. Nagan
Winston P Nagan
The article introduces the reader to the idea that justice involves social action and struggle. It then shifts the perspective to the struggle for justice in historic memory. The author focuses on the struggle to limit sovereign absolutism, the outcome of which is reflected in the Magna Carta. The Magna Carta was not a gift of the sovereign, it represented a political struggle to obtain it. The article then traces the evolution of law in the common law tradition and the importance of casuistic legal methods to ground the specific rights of citizens. The article draws reference to the struggle …
Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis
Peter L. Davis
This Article begins with the premise that, despite political rhetoric and occasional prosecutions to the contrary, police brutality has been effectively decriminalized in this country. The Article adopts the Rodney King case as the paradigm for examining this phenomenon. Scrutinizing the culture and semantics of police brutality, the author concludes that a double standard of criminality exists in the United States, under which different rules apply to a police than to everyone else. This double standard is socially dysfunctional. Particularly among minorities, it leads to a sense of cynicism about our legal system that can result in civil disorder when …
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
Stephen Ware
This Article gives an overview of arbitration litigation in Alabama, including the evolution of mental anguish jurisprudence in contract cases, especially with regard to the automobile and home industries; a proposal to bring Alabama law in line with controlling authorities through substantive and procedural reforms; and an appendix listing a decade of arbitration cases decided by Alabama appellate courts.
Money, Politics And Judicial Decisions: A Case Study Of Arbitration Law In Alabama, Stephen Ware
Money, Politics And Judicial Decisions: A Case Study Of Arbitration Law In Alabama, Stephen Ware
Stephen Ware
This article presents the results of a study of 106 decisions by the Supreme Court of Alabama from January 18, 1995 through July 9, 1999. The decisions are in the area of arbitration law and reveal the remarkably close correlation between a justice's votes on arbitration cases and his or her primary source or campaign funds. Justices whose election campaigns are funded by plaintiffs' lawyers oppose arbitration, whereas justices whose campaigns are funded by business favor arbitration. The correlation holds not just with regard to ideologically-charged doctrines, like unconscionability, but also with seemingly bland questions of contract formation, interpretation and …