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Full-Text Articles in Law
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, The , Thane Rosenbaum
Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, The , Thane Rosenbaum
Faculty Scholarship
In a nation where sports entertainment is such a vital part of the American experience, it is somewhat surprising that the precise law governing the relationship between professional sports leagues and the Sherman Act is so noticeably confused and unsettled. Those who have sought uniformity in this area of law and scholarship had hoped to achieve some level of consistency between the highly developed principles embodied in traditional antitrust law, and that which seems to have evolved in the sports entertainment industry. What has remained from this academic if not athletic exercise is certainly not coherence, but rather a series …
Victim, Offender, And Situational Characteristics Of Violent Crime, Deborah W. Denno
Victim, Offender, And Situational Characteristics Of Violent Crime, Deborah W. Denno
Faculty Scholarship
The examination of offenses rather than offenders in past research often overlooked the importance of offender characteristics and background. Indeed, a growing body of research suggests that the biological or psychological characteristics of offenders may strongly influence the outcome of particular encounters or future offense behavior. For instance, offenders with poor verbal ability or low school achievement scores may be more prone to repeat confrontational violence, irrespective of the characteristics of the victim or the situation of the offense. Thus, it is important to distinguish between those offenders with short or repeat offense histories, and those offenses which do or …
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
Faculty Scholarship
This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …