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Articles 1 - 25 of 25
Full-Text Articles in Law
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus
Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Campaign Of Sabotage: Big Government's War Against Public Transportation, Michael Lewyn
Campaign Of Sabotage: Big Government's War Against Public Transportation, Michael Lewyn
Scholarly Works
Historically, American politicians have been far more generous to highways than to public transit. The political elite's failure to support public transit is based on the view that despite decades of state and federal support, transit ridership has dwindled. This article criticizes that theory, by explaining that far from promoting public transit, government at all levels has sabotaged transit in a variety of ways: by building highways to suburbs unserved by public transit, by loading down transit systems with unfunded mandates, by using housing, education and tax policy to encourage migration to those suburbs, and by using zoning policy to …
The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks
Scholarly Works
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz
First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer
Scholarly Works
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams,' which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Scholarly Works
No abstract provided.
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Scholarly Works
No abstract provided.
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Scholarly Works
No abstract provided.
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Fundamentals Of Section 1983 Litigation, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
Scholarly Works
No abstract provided.
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Scholarly Works
No abstract provided.
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Scholarly Works
This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Scholarly Works
No abstract provided.
Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz
Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz
Scholarly Works
No abstract provided.
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Scholarly Works
No abstract provided.
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Scholarly Works
The Americans with Disabilities Act (ADA), ordered local governments to make bus and train systems more accessible to the disabled, and imposed costly requirements upon local public transit systems - but did not give local governments funds with which to satisfy this mandate. By reducing the funds available to transit systems, the ADA has sometimes forced cutbacks in transit service for everyone including, ironically, the disabled to the extent that disabled people were able to use public transit before the ADA's enactment). Thus, the ADA has occasionally (at least in times of budgetary austerity) been counterproductive. The ADA's inadequacy is …
Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili
Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili
Scholarly Works
No abstract provided.
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Scholarly Works
No abstract provided.