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Articles 6241 - 6270 of 8918
Full-Text Articles in Law
Church And State On The Frontier: The History Of The Establishment Clauses In The Washington State Constitution, Robert F. Utter, Edward J. Larson
Church And State On The Frontier: The History Of The Establishment Clauses In The Washington State Constitution, Robert F. Utter, Edward J. Larson
UC Law Constitutional Quarterly
No abstract provided.
In Re Quinlan Revisited: The Judicial Role In Protecting The Privacy Right Of Dying Incompetents, Gary Underwood Scharff
In Re Quinlan Revisited: The Judicial Role In Protecting The Privacy Right Of Dying Incompetents, Gary Underwood Scharff
UC Law Constitutional Quarterly
No abstract provided.
Estate Of Thornton V. Caldor, Inc.: Defining Sabbath Rights In The Workplace, Brian Bertonneau
Estate Of Thornton V. Caldor, Inc.: Defining Sabbath Rights In The Workplace, Brian Bertonneau
UC Law Constitutional Quarterly
No abstract provided.
The Powell-Stevens Debates On Federalism And Separation Of Powers, Leslie Bender
The Powell-Stevens Debates On Federalism And Separation Of Powers, Leslie Bender
UC Law Constitutional Quarterly
No abstract provided.
Why Do You Speak That Way--Symbolic Expression Reconsidered, Howard M. Friedman
Why Do You Speak That Way--Symbolic Expression Reconsidered, Howard M. Friedman
UC Law Constitutional Quarterly
No abstract provided.
Oral History: Justice Joseph R. Grodin, The Committee On History Of Law In California
Oral History: Justice Joseph R. Grodin, The Committee On History Of Law In California
UC Law Constitutional Quarterly
No abstract provided.
In Memory Of Justice Daniel R. Shoemaker, Wakefield Taylor
In Memory Of Justice Daniel R. Shoemaker, Wakefield Taylor
UC Law Journal
No abstract provided.
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
UC Law Journal
No abstract provided.
Regulated Taking Of Threatened Species Under The Endangered Species Act, Keith Saxe
Regulated Taking Of Threatened Species Under The Endangered Species Act, Keith Saxe
UC Law Journal
No abstract provided.
The Right Of [All] The People To Be Secure: Extending Fundamental Fourth Amendment Rights To Probationers And Parolees, Sunny A. M. Koshy
The Right Of [All] The People To Be Secure: Extending Fundamental Fourth Amendment Rights To Probationers And Parolees, Sunny A. M. Koshy
UC Law Journal
No abstract provided.
The Implied Covenant Of Good Faith And Fair Dealing: Examinng Employees' Good Faith Duties, Jeffrey M. Judd
The Implied Covenant Of Good Faith And Fair Dealing: Examinng Employees' Good Faith Duties, Jeffrey M. Judd
UC Law Journal
No abstract provided.
Voir Dire For California's Civil Trials: Applying The Williams Standard, Emily M. De Falla
Voir Dire For California's Civil Trials: Applying The Williams Standard, Emily M. De Falla
UC Law Journal
No abstract provided.
One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa L. Nelken
One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa L. Nelken
UC Law Journal
In Celotex v. Catrett, the United States Supreme Court redefined the initial burden of production on a party moving for summary judgment when that party will not have the burden of proof at trial. The Court also approved the use of inadmissible evidence to oppose such a summary judgment motion. This Article discusses the new initial burden standard, which no longer requires that the moving party "negate" each essential element of the nonmoving party's case, and proposes certain refinements necessary to integrate this new standard with the discovery rules. The Article also examines the Court's approval of the use of …
Whose Right Is It Anyway--Individualism, Community, And The Right To Die: A Commentary On The New Jersey Experience, Joanna K. Weinberg
Whose Right Is It Anyway--Individualism, Community, And The Right To Die: A Commentary On The New Jersey Experience, Joanna K. Weinberg
UC Law Journal
Advances in medical technology have precipitated the growing controversy over withdrawal of life-sustaining treatment from a terminally ill person. Courts have drawn on two doctrines when seeking to balance the interests of the parties involved: the doctrines of best interests and self-determination. This Commentary questions the way these competing doctrines have become intertwined in the jurisprudence of right-to-die issues for non-autonomous persons. Through analysis of the development of New Jersey case law on this subject, it examines New Jersey's ultimately unsuccessful attempt to reconcile the competing ideologies. The Commentary also critiques three alternative scholarly proposals, by Callahan, Emanual, and Handler, …
Taming The New Breed Of Nuclear Free Zone Ordinances: Statutory And Constitutional Infirmities In Local Procuremnt Ordinances Blacklisting The Producers Of Nuclear Weapons Components, Patrick J. Borchers, Paul F. Dauer
Taming The New Breed Of Nuclear Free Zone Ordinances: Statutory And Constitutional Infirmities In Local Procuremnt Ordinances Blacklisting The Producers Of Nuclear Weapons Components, Patrick J. Borchers, Paul F. Dauer
UC Law Journal
In the last five years, several communities in the United States have adopted "new breed" nuclear free zone ordinances. The central feature of the new breed ordinances is that they prohibit local governments from contracting with entities that produce nuclear weapons or components of nuclear weapons. This Article argues that these prohibitions are legally unenforceable. First, the ordinances conflict with statutory requirements that local governments contract with the "lowest responsible bidder." Second, the ordinances constitute a regulation of nuclear weapons production, and the federal Atomic Energy Act of 1954 therefore preempts them. Third, the ordinances infringe upon the federal government's …
Experience Must Be Our Only Guide: The State Constitutional Experience Of The Framers Of The Federal Constitution, Robert F. Williams
Experience Must Be Our Only Guide: The State Constitutional Experience Of The Framers Of The Federal Constitution, Robert F. Williams
UC Law Constitutional Quarterly
No abstract provided.
One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken
One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray
No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray
Faculty Scholarship
No abstract provided.
Norman Redlich (Dean, New York University School Of Law), Charles L. Knapp
Norman Redlich (Dean, New York University School Of Law), Charles L. Knapp
Faculty Scholarship
No abstract provided.
The Making Of The Arizona Constitution, John D. Leshy
The Making Of The Arizona Constitution, John D. Leshy
Faculty Scholarship
No abstract provided.
Is A Seller's Rule 10b–5 Cause Of Action Automatically Transferred To The Buyer?, William K.S. Wang
Is A Seller's Rule 10b–5 Cause Of Action Automatically Transferred To The Buyer?, William K.S. Wang
Faculty Scholarship
No abstract provided.
Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond
Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond
Faculty Scholarship
No abstract provided.
Developing A Consensus Of Constraint: A Judge's Perspective On Judicial Retention Elections, Joseph R. Grodin
Developing A Consensus Of Constraint: A Judge's Perspective On Judicial Retention Elections, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
The Lawyer As Litigator In The 1980s, Mary Kay Kane
The Lawyer As Litigator In The 1980s, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Water And Wilderness/Law And Politics, John D. Leshy
Water And Wilderness/Law And Politics, John D. Leshy
Faculty Scholarship
No abstract provided.
Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez
Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez
Faculty Scholarship
No abstract provided.
The Rationale Of Personal Admissions, Roger C. Park
The Rationale Of Personal Admissions, Roger C. Park
Faculty Scholarship
No abstract provided.
Rule 11 Revisited, William W. Schwarzer
The Golden Wedding Year: Erie Railroad Company V. Tompkins And The Federal Rules, Mary Kay Kane
The Golden Wedding Year: Erie Railroad Company V. Tompkins And The Federal Rules, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Some Reflections On State Constitutions, Joseph R. Grodin
Some Reflections On State Constitutions, Joseph R. Grodin
Faculty Scholarship
No abstract provided.