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Articles 1 - 15 of 15
Full-Text Articles in Law
A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck
James T Struck
A Problem with the Federal Education Records Privacy Act is that Educational privacy can be taken too far; degrees can be used to persecute persons and violate the rights of persons using the degrees and the significance we attach to degrees. Persons cannot confirm obtainment of a degree without subpeonas even when rights are being violated.
Does The Nba Still Have Market Power? Exploring The Implications Of An Increasingly Global Market For Men's Basketball Player Labor, Marc Edelman
Marc L Edelman
In the March 2002 case Fraser v. Major League Soccer, the First Circuit Court of Appeals upheld a jury’s finding that America’s twelve Major League Soccer clubs (“MLS”) compete in an international market for men’s professional soccer labor. The court then held that the MLS clubs do not have enough market power to collude illegally under Section 1 of the Sherman Act. At the time when Fraser was decided, few believed the case would become relevant to America’s other professional sports leagues. Indeed, at that time, most other American sports clubs did not compete with foreign clubs for premier men’s …
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Pier Giuseppe Monateri
The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.
Modern Disparities In Legal Education: Emancipation From Racial Neutrality, David Mears
Modern Disparities In Legal Education: Emancipation From Racial Neutrality, David Mears
David Mears
Wealth, leadership and political power within any democratic society requires the highest caliber of a quality legal education. The Black experience is not necessarily a unique one within legal education but rather an excellent example of either poor to substandard quality disseminated unequally among racial and socioeconomic stereotypes based upon expected outcomes of probable success or failure. It is often said, “Speak and so it will happen” – many within the halls of academia work hard to openly predict failure yet seemingly do very little to foster success internally within the academic procedures and processes based on the customer service …
Judicial Martial Law - Appendix, David Randall Jenkins
Judicial Martial Law - Appendix, David Randall Jenkins
David Randall Jenkins
No abstract provided.
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline Lipton
Jacqueline D Lipton
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Judicial Martial Law, David Randall Jenkins
Judicial Martial Law, David Randall Jenkins
David Randall Jenkins
No abstract provided.
Race In The War On Drugs: The Social Consequences Of Presidential Rhetoric, Jeff L. Yates, Andrew Whitford
Race In The War On Drugs: The Social Consequences Of Presidential Rhetoric, Jeff L. Yates, Andrew Whitford
Jeff L Yates
One of the president’s main leadership tools for influencing the direction of American legal policy is public rhetoric. Numerous studies have examined the president’s use of the “bully pulpit” to lead policy by influencing Congress or public opinion, or by changing the behavior of public agencies. We argue that the president can use rhetoric to change the behavior of public agencies and that this can have important social consequences. We focus on the disproportionate impact of presidential rhetoric on different “target populations” in the context of the War on Drugs. Specifically, we observe that presidential rhetoric had a greater impact …
Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal
Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal
Ashok Agrwaal
The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen T. O'Rourke
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen T. O'Rourke
Allen T. O'Rourke
Constitutional analysis often contains ambiguity surrounding the word “right” and other legal concepts. The Supreme Court uses the word equivocally to mean a claim, liberty, power, or immunity. The Court also invokes amorphous concepts such as “right of privacy.” This article offers an analytical framework to resolve such ambiguity. First, the article explains a canonical theory developed by Professor Wesley Hohfeld to clarify similar ambiguity in private law and shows how Hohfeldian analysis extends to constitutional law. Second, the article applies Hohfeldian analysis to four notable Supreme Court decisions, including Texas v. Johnson and Grutter v. Bollinger, and clarifies …
The Assymetry In Length Between Right And Left Humerus In Humans, Marios Papaloukas, Christos Papaloucas, Alexandra Tripolitsioti, Apostolos Stergioulas
The Assymetry In Length Between Right And Left Humerus In Humans, Marios Papaloukas, Christos Papaloucas, Alexandra Tripolitsioti, Apostolos Stergioulas
Marios Papaloukas
This paper by professors M. Papaloukas, C. Papaloukas, A, tripolitsioti, A. Stergioulas, investigates the phainomenon of assymetry in length between the right and left humerus in humans. The inheritance and the influence of the individuals activities on the assymentry is discussed.
The Word And The State, Hadley Ajana
The Word And The State, Hadley Ajana
Hadley Ajana
J.M Coetzee’s Waiting for the Barbarians has been widely interpreted as a political allegory about the use of torture in a security state. This interpretation, though valid, limits the story’s significance. The novel has a broader theme that transcends apartheid and European colonization of Africa in the twentieth century. Coetzee broadcasts a universal message: when words are divorced from truth, the law will not serve justice. This insight applies to contemporary America’s War on Terror.
The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss
The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss
Rebecca J. Huss
Faculty members at Valparaiso University School of Law who attain the rank of full professor are expected to deliver an inaugural lecture to the University community and the public at large. This article is based on that lecture, delivered on September 25, 2008. This Article begins by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. The remainder of the article analyzes some …