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Articles 1 - 30 of 33

Full-Text Articles in Law

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin Oct 2004

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

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No abstract provided.


Exceptions, Lawrence Raful Jul 2004

Exceptions, Lawrence Raful

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No abstract provided.


Reflections On Brown Vs. Board Of Education: Four Law Librarians Share Their Experiences Growing Up During The Brown Era, April Schwartz, Marvin R. Anderson, Yvonne Chandler, Ruth J. Hill Apr 2004

Reflections On Brown Vs. Board Of Education: Four Law Librarians Share Their Experiences Growing Up During The Brown Era, April Schwartz, Marvin R. Anderson, Yvonne Chandler, Ruth J. Hill

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No abstract provided.


Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli Jan 2004

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

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Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and ...


Treaty Governance, Intellectual Property And Biodiversity, John Linarelli Jan 2004

Treaty Governance, Intellectual Property And Biodiversity, John Linarelli

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When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework ...


Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer Jan 2004

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer

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No abstract provided.


A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow Kleinhaus Jan 2004

A Response To The Society Of American Law Teachers Statement On The Bar Exam, Suzanne Darrow Kleinhaus

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No abstract provided.


Problem-Solving Advocacy In Mediations, Harold I. Abramson Jan 2004

Problem-Solving Advocacy In Mediations, Harold I. Abramson

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No abstract provided.


Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman Jan 2004

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

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No abstract provided.


Community Service Component Of An Alternative Bar Exam, Eileen Kaufman Jan 2004

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

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No abstract provided.


Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves Jan 2004

Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves

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No abstract provided.


Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila Jan 2004

Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila

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This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating ...


Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy Jan 2004

Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy

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No abstract provided.


Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post Jan 2004

Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post

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No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Jan 2004

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

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No abstract provided.


Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine Jan 2004

Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine

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This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase ...


Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein Jan 2004

Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein

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No abstract provided.


The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman) Jan 2004

The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman)

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No abstract provided.


Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon Jan 2004

Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon

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No abstract provided.


Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver Jan 2004

Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver

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No abstract provided.


How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn Jan 2004

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn

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Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as "sprawl") that dominates metropolitan America is at least partially caused by government regulation of land use. Other commentators argue that the fate of Houston, Texas may seem to rebut that theory. Houston is America's only large city without a formal zoning code. Yet Houston is as automobile-dependent and sprawling as many cities with zoning. It could therefore be argued that automobile-dependent sprawl is the inevitable result of the free market, based on the following chain of logic: Assumption 1: Because Houston lacks zoning, Houston has ...


Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn Jan 2004

Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn

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In the second half of the twentieth century, America's cities and suburbs were engulfed by suburban sprawl - the movement of people (especially middle-class families) and jobs from older urban cores to newer, less densely populated, more automobile-dependent communities generally referred to as suburbs. Cities throughout America lost population to their outlying suburbs, and cities that gained population usually did so only because they were able to annex those suburbs. America's suburban revolution has not left Jewish communities unscathed. For example, the city of Newark, New Jersey, contained 58,000 Jews and thirty-four synagogues in the 1940s, but today ...


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jan 2004

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

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No abstract provided.


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin Jan 2004

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

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No abstract provided.


Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin Jan 2004

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

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No abstract provided.


Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin Jan 2004

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin

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No abstract provided.


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Jan 2004

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

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No abstract provided.


Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters Jan 2004

Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters

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No abstract provided.


Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver Jan 2004

Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver

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No abstract provided.


Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson Jan 2004

Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson

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No abstract provided.