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Articles 1 - 30 of 36
Full-Text Articles in Law
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Saint Louis University Law Journal
No abstract provided.
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Law and Contemporary Problems
What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren
Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren
Northern Illinois University Law Review
This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity …
Law & Literature And The Moderns: Explorations, George Anastaplo
Law & Literature And The Moderns: Explorations, George Anastaplo
Northern Illinois University Law Review
Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Law and Contemporary Problems
On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.
George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo
George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo
Northern Illinois University Law Review
Includes public papers, books, other publications, talks and papers, and selected letters to editors.
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Northern Illinois University Law Review
This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …
Choice Of Law In The Missouri Courts: How Have The Missouri Courts Employed The Second Restatement Of Conflicts To Tortious And Contractual Issues?, Richard J. Ansson Jr.
Choice Of Law In The Missouri Courts: How Have The Missouri Courts Employed The Second Restatement Of Conflicts To Tortious And Contractual Issues?, Richard J. Ansson Jr.
Saint Louis University Law Journal
No abstract provided.
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Duke Law Journal
In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
Net Bet Debt, Larry D. Strate, Martin Weisner
Net Bet Debt, Larry D. Strate, Martin Weisner
Hospitality Review
The prospective high returns from gaming operations have introduced the Internet as a new competitor to the hotel and travel industry. With the dawn of the new millennium, am epidemic of gamblers has infected the virtual world and raised leagal problems yet to be solved.
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.
Preface, Seattle University Law Review
Preface, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler
Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler
Seattle University Law Review
In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.
The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson
The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson
Seattle University Law Review
If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
Seattle University Law Review
In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …
Re-Orienting Law And Sexuality , Ratna Kapur, Tayyab Mahmud
Re-Orienting Law And Sexuality , Ratna Kapur, Tayyab Mahmud
Cleveland State Law Review
This symposium issue of the Cleveland State Law Review emerges from the Reorienting Law and Sexuality Conference hosted by Cleveland-Marshall College of Law in October 1999. The symposium locates itself as a continuation of the discourse that surfaced in the American legal academy in 1979 with a symposium issue of the Hastings Law Review. It is a discourse that brings into sharp relief technologies of power and strategies of resistance that contend at all sites where law aims to regulate human sexuality. While the initiative of 1979 was further cultivated by other forums of knowledge production within the American legal …
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Law And The Sexual Subaltern: A Comparative Perspective , Ratna Kapur
Cleveland State Law Review
I am entering this conversation as a comparativist who wants to complicate the received wisdom about India in the West in regard to matters of sex, desire and the law. I want to address three issues:* First, how sex generally and alternative sexuality more specifically, are emerging as zones of contest in the legal arena and are simultaneously cast as cultural controversies in post-colonial India.* Second, I address how sexual subalterns, that is, gays, lesbians and sexworkers, are challenging dominant sexual and cultural norms.* And finally, I examine why a project of pleasure and desire is an important political goal …
A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling
A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling
Animal Law Review
Although it is a truism among conservation biologists that humanity is in the midst of the Earth's sixth great extinction spasm, overt public awareness of the crisis is dim, and understanding of its implications even dimmer. The house is burning down around us, and even as the beams begin to cave in, we have but the vaguest intuition of the enormity of the danger. How is it possible to ignore the biosphere careening toward an extinction catastrophe unparalleled not only in the brief span of human history, but in the last sixty-five million years of life on Earth? The question …
Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson
Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson
Animal Law Review
No abstract provided.
Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell
Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell
Animal Law Review
Despite the traditional view of animals as mere chattels, courts are increasingly viewing animals as more than "things," recognizing the intrinsic value of animal companions. With the help of organizations such as the Animal Legal Defense Fund, case law, local ordinances, and popular attitudes are changing, reflecting the understanding that animals have the capacity to live full mental and emotional lives. This essay tracks these changes, arguing that the time has come to recognize a different legal status for companion animals.
Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson
Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson
Animal Law Review
The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder
Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder
Animal Law Review
Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.
Feedlots -- Rural America's Sewer, Marilyn Lee Nardo
Feedlots -- Rural America's Sewer, Marilyn Lee Nardo
Animal Law Review
Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act …
Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling
Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling
Animal Law Review
Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.
New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan
New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan
Animal Law Review
New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.
Animal Law -- The Casebook, Steven M. Wise