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Articles 271 - 300 of 6916
Full-Text Articles in Law
Religious Contributions In Public Deliberation, Jeremy Waldron
Religious Contributions In Public Deliberation, Jeremy Waldron
San Diego Law Review
This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …
The Pope's Submarine, John H. Garvey
The Pope's Submarine, John H. Garvey
San Diego Law Review
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley
Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley
San Diego Law Review
Securities fraud lawsuits under Rule 10b-5 are governed by the one and three year limitative period in section 9(e) of the Securities Exchange Act. The one-year period is triggered by the plaintiff's discovery of the facts constituting the violation. Courts differ, however, on the correct discovery standard for section 9(e). This Comment addresses whether courts should apply an inquiry notice standard or an actual notice standard to trigger the one-year limitative period.
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
San Diego Law Review
Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.
Eec Measures On The Treatment Of National Treasures, Talbot J. Nicholas Ii
Eec Measures On The Treatment Of National Treasures, Talbot J. Nicholas Ii
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
University of Pennsylvania Law Review
No abstract provided.
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
University of Pennsylvania Law Review
No abstract provided.
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
University of Pennsylvania Law Review
No abstract provided.
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
BYU Law Review
No abstract provided.
Affirmative Action And The New Discrimination: A Reply To Duncan Kennedy, John Hasnas
Affirmative Action And The New Discrimination: A Reply To Duncan Kennedy, John Hasnas
Louisiana Law Review
No abstract provided.
Personal Liability For Corporate Participants Without Corporate Veil-Piercing: Louisiana Law, Glenn G. Morris
Personal Liability For Corporate Participants Without Corporate Veil-Piercing: Louisiana Law, Glenn G. Morris
Louisiana Law Review
No abstract provided.
Restitution For Intangible Gains, Paul T. Wangerin
Restitution For Intangible Gains, Paul T. Wangerin
Louisiana Law Review
No abstract provided.
Maintaining Safety And Civility In Public Spaces: A Constitutional Approach To Aggressive Begging, Robert Teir
Maintaining Safety And Civility In Public Spaces: A Constitutional Approach To Aggressive Begging, Robert Teir
Louisiana Law Review
No abstract provided.
We Left Them Off The List - Now What? Unscheduled Creditors In Chapter 7 Bankruptcies, J. Neal Prevost
We Left Them Off The List - Now What? Unscheduled Creditors In Chapter 7 Bankruptcies, J. Neal Prevost
Louisiana Law Review
No abstract provided.
The Conditional Sale In Louisiana Jurisprudence: Anatomy Of A Synecdoche, Huey L. Golden
The Conditional Sale In Louisiana Jurisprudence: Anatomy Of A Synecdoche, Huey L. Golden
Louisiana Law Review
No abstract provided.
The Supreme Court Attempts To "Iron Out" The Wrinkles In National Starch, John Paul Leblanc
The Supreme Court Attempts To "Iron Out" The Wrinkles In National Starch, John Paul Leblanc
Louisiana Law Review
No abstract provided.
Asbestosis Litigation: Prescription, Contribution, Exposure, Insurance, And The Public Interest - A Casenote On Cole V. Celotex Corp., George Robertson Murphy Iii
Asbestosis Litigation: Prescription, Contribution, Exposure, Insurance, And The Public Interest - A Casenote On Cole V. Celotex Corp., George Robertson Murphy Iii
Louisiana Law Review
No abstract provided.
Experts, Stories, And Information, Richard O. Lempert
Experts, Stories, And Information, Richard O. Lempert
Articles
In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …
Masthead, Editors
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
University of Pennsylvania Law Review
No abstract provided.
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
Rethinking Federal Judicial Selection
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
BYU Law Review
No abstract provided.
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
BYU Law Review
No abstract provided.
State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner
State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner
BYU Law Review
No abstract provided.
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
University of Miami Law Review
No abstract provided.
Foreword, Michael H. Graham