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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 Apr 2001

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus

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No abstract provided.


Campaign Of Sabotage: Big Government's War Against Public Transportation, Michael Lewyn Jan 2001

Campaign Of Sabotage: Big Government's War Against Public Transportation, Michael Lewyn

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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 Jan 2001

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

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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 Jan 2001

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

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No abstract provided.


First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz Jan 2001

First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz

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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 Jan 2001

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges, Douglas D. Scherer

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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 Jan 2001

Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik

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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 Jan 2001

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

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No abstract provided.


Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer Jan 2001

Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer

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No abstract provided.


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jan 2001

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

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No abstract provided.


Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman Jan 2001

Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman

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No abstract provided.


Fundamentals Of Section 1983 Litigation, Martin A. Schwartz Jan 2001

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

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No abstract provided.


The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik Jan 2001

The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik

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No abstract provided.


Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus Jan 2001

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus

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No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Jan 2001

Discrimination Cases In The 2000 Term, Eileen Kaufman

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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 Jan 2001

The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus

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No abstract provided.


The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

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No abstract provided.


Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy Jan 2001

Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy

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No abstract provided.


Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine Jan 2001

Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine

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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 Jan 2001

The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz

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No abstract provided.


Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz Jan 2001

Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz

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No abstract provided.


Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein Jan 2001

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein

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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 Jan 2001

Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn

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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 Jan 2001

Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili

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No abstract provided.


Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin Jan 2001

Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin

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No abstract provided.