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Articles 1 - 30 of 31
Full-Text Articles in Law
Overlooked Areas Of Federal Sentencing: Federal Enclaves, Indian Country, Transfer Of U.S. Prisoners From Abroad, Nora V. Demleitner, Jon M. Sands
Overlooked Areas Of Federal Sentencing: Federal Enclaves, Indian Country, Transfer Of U.S. Prisoners From Abroad, Nora V. Demleitner, Jon M. Sands
Scholarly Articles
Not available.
Stopping A Vicious Cycle: Release, Restrictions, Re-Offending, Nora V. Demleitner
Stopping A Vicious Cycle: Release, Restrictions, Re-Offending, Nora V. Demleitner
Scholarly Articles
Not available.
A Tribute To Barry Sullivan, Joan M. Shaughnessy
A Tribute To Barry Sullivan, Joan M. Shaughnessy
Scholarly Articles
A tribute to Professor Barry Sullivan.
A Tribute To Barry Sullivan, Andrew W. Mcthenia
A Tribute To Barry Sullivan, Andrew W. Mcthenia
Scholarly Articles
A tribute to Professor Barry Sullivan.
The Modest Business Judgment Rule, Lyman P.Q. Johnson
The Modest Business Judgment Rule, Lyman P.Q. Johnson
Scholarly Articles
This article argues that Delaware mis-formulates and mis-uses the business judgment rule. Properly understood, the business judgment rule's function in corporate law is quite modest. It is a narrowly-drawn judicial policy of nonreview which, in duty of care cases, shields the merits of board decisions from judicial scrutiny. The article contends that the business judgment rule, therefore, should be de-emphasized as an analytical construct in the law of director fiduciary duties and should be sharply differentiated from the broader-gauged duty of due care. Doing so will pave the way for Delaware courts to rethink the importance of articulating a robust, …
Ucita Enacted In Virginia, Sarah K. Wiant
Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner
Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner
Scholarly Articles
None available.
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
Scholarly Articles
None available.
Policing Diversity: Lessons From Lambeth, A. Benjamin Spencer
Policing Diversity: Lessons From Lambeth, A. Benjamin Spencer
Scholarly Articles
None available.
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Scholarly Articles
Not available.
The Story About Clinton's Impeachment, Lewis H. Larue
The Story About Clinton's Impeachment, Lewis H. Larue
Scholarly Articles
Part of a special section on the Constitution under President Bill Clinton. The prosecution in the Clinton impeachment played their hand based on Clinton's actions representing a threat to the rule of law, when it should have been over breach of trust. It is possible that they avoided the breach-of-trust issue, sensing that although it may have been easy to show Clinton's untrustworthiness, it would have also highlighted their own. The irresponsible actions of the Republicans, who were in the majority on the House Judiciary Committee, gave no basis for trust; therefore, it is no surprise that they were unable …
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Scholarly Articles
None available.
Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham
Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham
Scholarly Articles
At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, "What are the goals that you think are most important for a legal clinic?" The most common answers were teaching about ethics and improving the ethical standards of law practice in participants' respective countries through this focus in legal education.
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Scholarly Articles
This Note examines abortion opposition over the past two centuries and the extent to which recent trends toward violence have followed from the elimination of major nonviolent methods of dissent. Part I explores the history of abortion opposition prior to Roe, noting that opponents during this period relied almost exclusively on legislative action to effect change. Roe removed this principal nonviolent outlet, and the first wave of anti-abortion violence in American history en-sued. Even within this post-Roe violence, an examination of the rise and fall of mass nonviolent civil disobedience in the late i98Os and the dramatic increase in anti-abortion …
Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia
Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia
Scholarly Articles
Reports of burn-out, disillusionment, and stress abound in modern literature as the legal profession faces a period of rapid change and sobering self-reflection on the ways in which it should operate as an honorable and noble profession.
In a seemingly unrelated development, there is a steadily growing interest in the spirituality of modern professional life. As those in other fields have also grappled with both outward critique and inward self-reflection, the past several years have seen a renewed interest in the spiritual aspects of worldly occupations. As time goes on and interest in spirituality and professional life increases, the legal …
Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.
Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
What Does The Constitution Say About The Vouchers?, John H. Garvey
What Does The Constitution Say About The Vouchers?, John H. Garvey
Scholarly Articles
No abstract provided.
The Alden Trilogy: Praise And Protest, Roger C. Hartley
The Alden Trilogy: Praise And Protest, Roger C. Hartley
Scholarly Articles
In this Article, I discuss the Alden Trilogy's interpretive process and its redistribution of political power, but do not linger on either. This Article is written in praise of the Trilogy, but praise coupled with protest. I make three essential points. First, the Trilogy deserves praise as a pragmatic masterpiece. Through it the Court shrewdly avoided a constitutional quagmire that easily could have created a federalism crisis.
Second, I argue that the Alden Trilogy is an exemplar of misdirection. Here I render reluctant praise, like that given to an opposing baseball team's dramatic double-play. Though one dislikes the outcome, one …
Religious Liberty And The Politics Of Judicial Review, Robert A. Destro
Religious Liberty And The Politics Of Judicial Review, Robert A. Destro
Scholarly Articles
No abstract provided.
Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski
Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
The Reawakening Of Marriage, Raymond C. O'Brien
The Reawakening Of Marriage, Raymond C. O'Brien
Scholarly Articles
This Article contends that the convergent societal pressures from the same-sex marriage debate, the effect of the welfare legislation to define family, and the allowance of greater religious involvement in marriage preparation and divorce will precipitate a reawakening of marriage. The emergence of covenant marriage, the public debate over no-fault divorce, the resurgence of fault grounds, and Florida's enactment of its Marriage Preparation and Preservation Act are ramifications of this reawakening. Public concern over the frequency of divorce and the resulting adverse consequences for children and adults, indicate a change in attitude concerning marriage, divorce and family. Covenant marriage is …
By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young
By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young
Scholarly Articles
Mr Young explores the history, format, and arrangement of the Command Papers. He provides a brief description of their availability in hard copy and electronic formats, and also describes the availability and use of various indexing tools for this series of parliamentary papers.
The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez
The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez
Scholarly Articles
No abstract provided.
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Scholarly Articles
This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.
The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington
The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington
Scholarly Articles
No abstract provided.
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
Scholarly Articles
One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …
Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles
Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles
Scholarly Articles
Over the years numerous articles have surveyed the indicia of independence and the place of independent agencies within a separation of powers framework. In this article, we review the structure and internal operations of independent agencies, note several similarities and differences among them, and address various recurring issues affecting them. We further consider the future of this regulatory form as we enter the new millennium. We focus on agencies-whether multi-member or not-where at least one individual is appointed by the President to a full-time, fixed-term position with the advice and consent of the Senate and has protection against summary removal …
Rethinking The Risk Of Defined Contribution Plans, Regina T. Jefferson
Rethinking The Risk Of Defined Contribution Plans, Regina T. Jefferson
Scholarly Articles
This article analyzes the risk of shortfall in the expected retirement benefits in defined contribution plans, as regulated by the Employee Retirement Income Security Act of 1974 (ERISA). The article compares and contrasts the allocation of investment risks between defined benefit and defined contribution plans. This article demonstrates that current pension law offers inadequate protection of the expected retirement benefit in defined contribution plans and proposes additional fiduciary, insurance, and funding protection for defined contribution plans.
Typology And Critique Of Title Ix Sexual Harassment Law After Gebser And Davis, William A. Kaplin
Typology And Critique Of Title Ix Sexual Harassment Law After Gebser And Davis, William A. Kaplin
Scholarly Articles
Sexual harassment is not a new phenomenon. It has long been with us in harassment problem in colleges and universities, focusing particularly on the harassment of students by their teachers or by their peers. Special attention will be given to whether and how students may hold colleges and universities liable in court for money damages for a failure to protect them from harassment. Then, using such private causes of action by students as the centerpiece, this article will develop a typology of Title IX sexual harassment claims and of the variable contexts in which they may arise. Following the typology, …
Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger
Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger
Scholarly Articles
In recent years alternative dispute resolution (ADR) has moved from the margins of legal practice into the mainstream. It is no longer the exception for attorneys to employ or clients to request ADR services in almost every aspect of legal representation. This shift to the legal mainstream raises the question whether attorneys, as part of their general obligation to keep clients informed of their legal alternatives, should be required to advise their clients regarding ADR options. This paper will consider this question. In doing so, it will consider, at least inferentially, the character and purpose of ethics "rules."